Fourth Amendment Restoration Act
Download PDFSponsored by
Rep. Biggs, Andy [R-AZ-5]
ID: B001302
Bill's Journey to Becoming a Law
Track this bill's progress through the legislative process
Latest Action
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
January 3, 2025
Introduced
Committee Review
📍 Current Status
Next: The bill moves to the floor for full chamber debate and voting.
Floor Action
Passed House
Senate Review
Passed Congress
Presidential Action
Became Law
📚 How does a bill become a law?
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Bill Summary
Another bill, another exercise in futility. Let's get this over with.
**Main Purpose & Objectives**
The Fourth Amendment Restoration Act (HR 117) claims to repeal the Foreign Intelligence Surveillance Act (FISA), a law that has been used to justify mass surveillance on American citizens since 1978. The bill's sponsors, no doubt fueled by a mix of naivety and grandstanding, aim to restore the Fourth Amendment's protections against unreasonable searches and seizures.
**Key Provisions & Changes to Existing Law**
The bill repeals FISA in its entirety, which would theoretically end the government's authority to conduct warrantless surveillance on American citizens. It also defines key terms like "pen register," "trap and trace device," and "foreign intelligence information" – because, apparently, our lawmakers need a refresher course on basic espionage terminology.
The bill introduces new provisions requiring warrants for electronic surveillance, physical searches, and the production of tangible things (read: documents). It also prohibits using information obtained under Executive Order 12333 as evidence against American citizens. Oh, and there are some token penalties for violating these new rules – up to $10,000 in fines or five years in prison.
**Affected Parties & Stakeholders**
The usual suspects will be affected by this bill: the intelligence community (CIA, NSA, FBI), law enforcement agencies, and – theoretically – American citizens who value their Fourth Amendment rights. Of course, the latter group is likely to remain blissfully unaware of the bill's existence or its potential impact on their lives.
**Potential Impact & Implications**
Let's not get too excited here. This bill has about as much chance of passing as I do of winning a Nobel Prize in diplomacy. Even if it did pass, the intelligence community would find ways to circumvent these new restrictions – they always do. The real impact will be on the politicians who sponsored this bill, who will get to pat themselves on the back for "standing up for civil liberties" while doing nothing meaningful to address the systemic issues.
In reality, this bill is a Band-Aid on a bullet wound. It doesn't address the root causes of mass surveillance: the insatiable hunger for power and control that drives our national security state. Until we confront those underlying issues, bills like HR 117 will remain nothing more than empty gestures – a form of legislative theater designed to placate the gullible while maintaining the status quo.
Diagnosis: Terminal naivety, with a side of grandstanding and a dash of cynicism. Prognosis: This bill will die in committee, or be gutted by amendments that render it toothless. Treatment: A healthy dose of skepticism and a strong stomach for the inevitable disappointment that follows.
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Rep. Biggs, Andy [R-AZ-5]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 215 — Intelligence Community Hill who attempt to weaponize the use of selective intelligence to feed political narratives. l Political leaders should avoid “manipulation-by-appointment,” a practice by which intelligence leaders are selected for their policy views or political loyalties instead of their skilled expertise.24 Presidents should also avoid public rebukes and pressure from the intelligence profession, which can include intimidation and bullying, to shape IC analysis. This will be easier if IC leaders live by the norms of neutrality and thus are not seen as political actors, for whom political responses are deemed necessary. l Intelligence leaders and professionals should never “cook the books” for Presidents or change or shape their analysis to preserve access or status.25 FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) A future President should understand the importance of FISA26 while also seek- ing reforms and accountability for any abuses of its authorities. When discussing FISA and what changes may need to be made, it is important to note and recognize that there are stark differences among the individual FISA authorities. Section 702 of FISA, for example, allows the IC to target foreign terrorists, spies, cyber hackers, and other bad actors (but only if they are non-U.S. persons) when their communications pass through the United States. While this authority may lapse if Congress does not resolve the issue by the end of 2023, Section 702 should be understood as an essential tool in the fight against terrorism, malicious cyber actors, and Chinese espionage. These are two major national security priorities for an incoming President, and it is imperative that the need to use properly main- tained and accountable authorities to counter these challenges be recognized. Section 702 is a vital program that often provides the lion’s share of intelligence used in the President’s Daily Brief (PDB).27 An independent review by the Privacy and Civil Liberties Oversight Board (PCLOB) found that it was not abused. Nev- ertheless, Congress should review the PCLOB’s upcoming 2023 report to help it determine whether any reforms or codification of recent administrative changes in FISA processes are needed. Other authorities in Title I and Title III, often referred to as “traditional” FISA, have elicited valid concerns about the politicization of intelligence collection authority in recent years. When seeking surveillance of Trump campaign adviser Carter Page, for example, the FBI and the Department of Justice concealed vital information from a specialized court and submitted applications that were riddled with errors. An incoming conservative President should consider reforms designed to prevent future partisan abuses of national security authority. A package of strong provisions to protect against such partisanship might include: — 216 — Mandate for Leadership: The Conservative Promise l Stiffer penalties and mandatory investigations when intelligence leaks are aimed at domestic political targets, l Tighter controls on otherwise lawful intercepts that also collect the communications of domestic political figures, l An express prohibition on politically motivated use of intelligence authorities, and l Reforms to improve the accountability of the Justice Department and the Foreign Intelligence Surveillance Court. To keep intelligence credentials from being used for partisan purposes, former high-ranking intelligence officials who retain a clearance should remain subject to the Hatch Act after they leave government to deter them from tying their political stands or activism to their continuing privilege of access to classified government information. The IC should be prohibited from monitoring so-called domestic disinformation. Such activity can easily slip into suppression of an opposition party’s speech, is corrosive of First Amendment protections, and raises questions about impartiality when the IC chooses not to act. CHINA-FOCUSED CHANGES, REFORMS, AND RESOURCES The term “whole of government” is all too frequently overused, but in responding to the generational threat posed by the Chinese Communist Party, that is exactly the approach that our national security apparatus should adopt. CIA Director William Burns has formally established a China Mission Center focused on these efforts, but it can be successful only if it is given the necessary personnel, cross-community collaboration, and resources. That is uncertain at this point, and just how seriously the organization is taking the staffing of the center is unclear. A critical strategic question for an incoming Administration and IC lead- ers will be: How, when, and with whom do we share our classified intelligence? Understanding when to pass things to liaisons and for what purpose will be vital to outmaneuvering China in the intelligence sphere. Questions for a President will include: l What is our overarching conception of the adversarial relationship and competition? l How does intelligence-sharing fit into that conception?
Introduction
— 215 — Intelligence Community Hill who attempt to weaponize the use of selective intelligence to feed political narratives. l Political leaders should avoid “manipulation-by-appointment,” a practice by which intelligence leaders are selected for their policy views or political loyalties instead of their skilled expertise.24 Presidents should also avoid public rebukes and pressure from the intelligence profession, which can include intimidation and bullying, to shape IC analysis. This will be easier if IC leaders live by the norms of neutrality and thus are not seen as political actors, for whom political responses are deemed necessary. l Intelligence leaders and professionals should never “cook the books” for Presidents or change or shape their analysis to preserve access or status.25 FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) A future President should understand the importance of FISA26 while also seek- ing reforms and accountability for any abuses of its authorities. When discussing FISA and what changes may need to be made, it is important to note and recognize that there are stark differences among the individual FISA authorities. Section 702 of FISA, for example, allows the IC to target foreign terrorists, spies, cyber hackers, and other bad actors (but only if they are non-U.S. persons) when their communications pass through the United States. While this authority may lapse if Congress does not resolve the issue by the end of 2023, Section 702 should be understood as an essential tool in the fight against terrorism, malicious cyber actors, and Chinese espionage. These are two major national security priorities for an incoming President, and it is imperative that the need to use properly main- tained and accountable authorities to counter these challenges be recognized. Section 702 is a vital program that often provides the lion’s share of intelligence used in the President’s Daily Brief (PDB).27 An independent review by the Privacy and Civil Liberties Oversight Board (PCLOB) found that it was not abused. Nev- ertheless, Congress should review the PCLOB’s upcoming 2023 report to help it determine whether any reforms or codification of recent administrative changes in FISA processes are needed. Other authorities in Title I and Title III, often referred to as “traditional” FISA, have elicited valid concerns about the politicization of intelligence collection authority in recent years. When seeking surveillance of Trump campaign adviser Carter Page, for example, the FBI and the Department of Justice concealed vital information from a specialized court and submitted applications that were riddled with errors. An incoming conservative President should consider reforms designed to prevent future partisan abuses of national security authority. A package of strong provisions to protect against such partisanship might include:
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.