[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8173 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8173
To repeal the Foreign Intelligence Surveillance Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2022
Mr. Biggs (for himself, Mr. Gaetz, Mr. Gohmert, Mr. Massie, Mrs. Greene
of Georgia, Mr. Gosar, and Mr. Good of Virginia) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Permanent Select Committee on Intelligence, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To repeal the Foreign Intelligence Surveillance Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment Restoration Act''.
SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORITIES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is repealed.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(a) Pen Register and Trap and Trace Device.--The terms ``pen
register'' and ``trap and trace device'' have the meanings given such
terms in section 3127 of title 18, United States Code.
(b) United States Citizen.--The term ``United States citizen''
means an individual who is a citizen of the United States.
(c) Foreign Intelligence Information.--The term ``foreign
intelligence information'' means--
(1) information that relates to, and if concerning a United
States citizen is necessary to, the ability of the United
States to protect against--
(A) actual or potential attack or other grave
hostile acts of a foreign power or an agent of a
foreign power;
(B) sabotage, international terrorism, or the
intentional proliferation of weapons of mass
destruction by a foreign power or an agent of a foreign
power; or
(C) clandestine intelligence activities by an
intelligence service or network of a foreign power or
by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign
territory that relates to, and if concerning a United States
citizen, is necessary to--
(A) the national defense or the security of the
United States; or
(B) the conduct of the foreign affairs of the
United States.
(d) Electronic Surveillance.--The term ``electronic surveillance''
means--
(1) the acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire or radio
communication sent by or intended to be received by a
particular, known United States citizen who is in the United
States, if the contents are acquired by intentionally targeting
that United States citizen, under circumstances in which a
citizen has a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes; or
(2) the installation or use of an electronic, mechanical,
or other surveillance device in the United States for
monitoring to acquire information, other than from a wire or
radio communication, under circumstances in which a citizen has
a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes.
(e) Wire Communication.--The term ``wire communication'' means any
communication while it is being carried by a wire, cable, or other like
connection furnished or operated by any person engaged as a common
carrier in providing or operating such facilities for the transmission
of interstate or foreign communications.
SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES CITIZENS.
(a) An officer of the United States must obtain a warrant issued
using the procedures described in the Federal Rules of Criminal
Procedure by a Federal court in order to conduct or request--
(1) electronic surveillance of a United States citizen;
(2) a physical search of a premises, information, material,
or property used exclusively by, or under the open and
exclusive control of, a United States citizen;
(3) approval of the installation and use of a pen register
or trap and trace device, a sole or significant purpose of
which is to obtain foreign intelligence information concerning
a United States citizen;
(4) the production of tangible things (including books,
records, papers, documents, and other items) concerning a
United States citizen to obtain foreign intelligence
information; or
(5) the targeting of a United States citizen for the
acquisition of foreign intelligence information.
(b) Any information concerning a United States citizen acquired
under Executive Order 12333 (50 U.S.C. 3001 note; relating to United
States intelligence activities) shall not be used in evidence against
that United States citizen in any criminal, civil, or administrative
proceeding or as part of any criminal, civil, or administrative
investigation.
SEC. 5. LIMITATION ON USE OF INFORMATION CONCERNING UNITED STATES
CITIZENS.
Any information concerning a United States citizen acquired during
surveillance of a non-United States citizen shall not be used in
evidence against that United States citizen in any criminal, civil, or
administrative proceeding or as part of any criminal, civil, or
administrative investigation.
SEC. 6. CRIMINAL SANCTIONS.
(a) A person is guilty of an offense if he intentionally--
(1) engages in any of the offenses described in section 4,
except as authorized by this Act, title 18, or any express
statutory authorization that is an additional exclusive means
for conducting electronic surveillance under section 1812 of
title 50; or
(2) discloses or uses information obtained under color of
law by any of the methods described in section 4, paragraph
(1), knowing or having reason to know that the information was
obtained without authorization by this chapter, title 18, or
any express statutory authorization that is an additional
exclusive means for conducting electronic surveillance under
section 1812 of title 50.
(b) It is a defense to prosecution under subsection (a) that the
defendant was a law enforcement officer or investigative officer
engaging in the course of his official duties and the conduct was
authorized and conducted pursuant to a search warrant or court order of
a court of competent jurisdiction.
(c) An offense described in this section is punishable by a fine of
not more than $10,000 or imprisonment for not less than five years, or
both.
(d) There is a Federal jurisdiction over an offense under this
section if the person committing the offense was an officer or employee
of the United States at the time the offense was committed.
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