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Repeals the Foreign Intelligence Surveillance Act (FISA) and replaces the current statutory surveillance framework with strict warrant and evidence rules for anything that targets or collects information about U.S. citizens. It requires a federal‑court warrant under the Federal Rules of Criminal Procedure before federal officers may perform several specified surveillance or collection actions involving a U.S. citizen, bars the use of intelligence collected under certain authorities (including EO 12333 incidental collection) as evidence against U.S. citizens, and makes unauthorized electronic surveillance or disclosure of collected information a federal crime with limited defenses for actions taken under a valid warrant or court order. The bill changes how intelligence and law‑enforcement agencies may collect, use, and disclose information about U.S. persons: it withdraws the existing statutory FISA authorities, imposes criminal penalties and exclusion rules for improperly obtained or used information, and narrows the circumstances in which information gathered during surveillance of non‑citizens can be used against U.S. citizens.
Repeals the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
Defines “pen register” and “trap and trace device” by referring to the meanings given in section 3127 of title 18, United States Code.
Defines “United States citizen” as an individual who is a citizen of the United States.
Defines “foreign intelligence information” as information that: (1) relates to, and—if it concerns a United States citizen—is necessary to the United States’ ability to protect against (A) actual or potential attack or other grave hostile acts by a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or 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) is information about a foreign power or foreign territory that relates to, and—if concerning a United States citizen—is necessary to (A) the national defense or security of the United States or (B) the conduct of the foreign affairs of the United States.
Defines “electronic surveillance” to include: (1) acquiring, by an electronic, mechanical, or other surveillance device, the contents of any wire or radio communication sent by or intended for a particular, known United States citizen in the United States when the contents are acquired by intentionally targeting that citizen and under circumstances where the citizen has a reasonable expectation of privacy and a warrant would be required for law enforcement; and (2) installing or using an electronic, mechanical, or other surveillance device in the United States to monitor and acquire information (other than from a wire or radio communication) when the citizen has a reasonable expectation of privacy and a warrant would be required for law enforcement.
Who is affected and how:
U.S. citizens and residents: Gain stronger statutory privacy protections when they are the target of surveillance and are insulated from use of EO 12333‑derived or incidental foreign‑surveillance data as evidence against them. That reduces the pool of intelligence‑origin evidence usable in prosecutions and disciplinary or administrative actions concerning U.S. persons.
Federal law‑enforcement agencies and prosecutors: Face new procedural hurdles. They must obtain federal‑court warrants under the Federal Rules of Criminal Procedure before performing specified surveillance actions against U.S. citizens. Prosecutions that previously relied on intelligence sources or incidental collection may lose access to that material and must adjust evidence‑gathering strategies.
Intelligence community (elements and practitioners): Loses the statutory FISA framework and any authorities and procedures that depended on it (including FISC processes). Agencies will need new legal bases, policies, and oversight arrangements to carry out foreign intelligence, counterintelligence, and signals collection. Routine incidental collection of U.S. person data while targeting foreigners will be limited in downstream use.
Privacy, civil‑liberties, and public‑interest groups: The bill substantially strengthens explicit legal protections for U.S. persons, curtails some forms of intelligence‑derived evidence use, and creates criminal penalties for unauthorized collection/use—outcomes these stakeholders typically favor.
Foreign‑target surveillance and operations: May remain available in practice, but data acquired about U.S. persons incidentally during such operations is expressly insulated from use against those persons; agencies may need new procedures to segregate, handle, or purge such material. Overall foreign intelligence collection posture and diplomatic/intelligence cooperation could be affected if partner expectations or legal gaps emerge.
Courts and oversight bodies: Must adapt to a new warrant architecture in which Federal Rules warrants (rather than FISA authorizations) are required for many intelligence‑adjacent activities involving U.S. persons. The repeal removes the specialized FISC processes and creates questions about where oversight, minimization, and classification review will occur.
Practical effects and tradeoffs:
Expand sections to see detailed analysis
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.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
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.
Introduced in House