I 
118TH CONGRESS 
1ST SESSION 
H. R. 237 
To repeal the Foreign Intelligence Surveillance Act. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2023 
Mr. BIGGS 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 juris-
diction of the committee concerned 
A BILL 
To repeal the Foreign Intelligence Surveillance Act. 
Be it enacted by the Senate and House of Representa-
tives 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 AUTHORI-
TIES. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is repealed. 
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SEC. 3. DEFINITIONS. 
For the purposes of this Act— 
(a) PEN REGISTER
AND TRAP
AND TRACE DE-
VICE.—The terms ‘‘pen register’’ and ‘‘trap and trace de-
vice’’ 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 con-
cerning 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 
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(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 ‘‘elec-
tronic 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 cit-
izen who is in the United States, if the contents are 
acquired by intentionally targeting that United 
States citizen, under circumstances in which a cit-
izen has a reasonable expectation of privacy and a 
warrant would be required for law enforcement pur-
poses; or 
(2) the installation or use of an electronic, me-
chanical, or other surveillance device in the United 
States for monitoring to acquire information, other 
than from a wire or radio communication, under cir-
cumstances in which a citizen has a reasonable ex-
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pectation of privacy and a warrant would be re-
quired for law enforcement purposes. 
(e) WIRE COMMUNICATION.—The term ‘‘wire com-
munication’’ 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 trans-
mission 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 Fed-
eral 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, informa-
tion, 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 signifi-
cant purpose of which is to obtain foreign intel-
ligence information concerning a United States cit-
izen; 
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(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 cit-
izen 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 inves-
tigation. 
SEC. 5. LIMITATION ON USE OF INFORMATION CON-
CERNING 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 inves-
tigation. 
SEC. 6. CRIMINAL SANCTIONS. 
(a) A person is guilty of an offense if he inten-
tionally— 
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(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 ad-
ditional 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 sec-
tion 4, paragraph (1), knowing or having reason to 
know that the information was obtained without au-
thorization by this chapter, title 18, or any express 
statutory authorization that is an additional exclu-
sive 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 pur-
suant 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 
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was an officer or employee of the United States at the 
time the offense was committed. 
Æ 
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