Sponsor
Andrew S. Biggs
Representative · R-AZ
Representative · R-AZ
The bill substantially strengthens privacy protections and judicial oversight for U.S. persons and creates criminal remedies for unlawful surveillance, but it does so at the cost of constraining current intelligence authorities, raising operational burdens, legal uncertainty, and transitional and compliance costs.
U.S. persons (citizens and residents) will face stronger privacy and Fourth Amendment–like protections: federal officers generally must obtain warrants and foreign-collected surveillance cannot be used against them in criminal, civil, or administrative proceedings.
Government accountability and judicial oversight will increase: intelligence and surveillance actions affecting U.S. persons are routed through Article III courts, statutory definitions require clarity, and federal misconduct can be prosecuted, improving transparency and public trust.
Unauthorized electronic surveillance and improper use/disclosure of unlawfully obtained information will be criminalized, deterring privacy intrusions and enabling prosecution of misconduct by federal personnel.
Law enforcement and intelligence agencies may lose authorities or face new procedural hurdles, reducing their ability to detect and act on time-sensitive national-security threats.
Eliminating or narrowing statutory surveillance authorities and imposing warrant requirements will create legal uncertainty, transitional gaps, and increased operational and staffing costs for agencies and courts.
Prohibiting use of foreign‑sourced (EO 12333 or similar) intelligence in prosecutions, civil, or administrative actions may hinder investigations and enforcement by removing evidence that could be relevant to criminal, regulatory, or national-security cases.
Based on analysis of 6 sections of legislative text.
Repeals FISA, requires criminal-court warrants for surveillance targeting U.S. citizens, bars certain intelligence uses, and creates criminal penalties for unauthorized surveillance.
Official title: To repeal the Foreign Intelligence Surveillance Act.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Repeals the Foreign Intelligence Surveillance Act and replaces much of the FISA statutory surveillance framework with a requirement that federal officers obtain a criminal-court warrant under the Federal Rules of Criminal Procedure before conducting surveillance or searches that target United States citizens. It also bars use of intelligence about U.S. citizens obtained under certain authorities (including Executive Order 12333 and surveillance of non‑U.S. persons) in criminal, civil, or administrative investigations or proceedings and creates new criminal penalties for unauthorized surveillance or use/disclosure of improperly obtained information. The bill defines key terms (including "electronic surveillance," "foreign intelligence information," and "United States citizen"), narrows permissible collection involving U.S. citizens to warranted activity, and makes unauthorized acts by federal officers a federal crime with fines and prison terms and a narrow defense for actions taken under valid warrants or court orders.