# Plain Language Summary: Fourth Amendment Restoration Act

This bill would completely eliminate the Foreign Intelligence Surveillance Act (FISA), a law that has governed how U.S. intelligence agencies conduct surveillance since 1978. In its place, the bill would require federal agents to get traditional warrants from regular courts before they can surveil American citizens for any reason related to foreign intelligence gathering. Right now, FISA allows intelligence agencies to use special secret courts to approve surveillance with a lower standard of proof than regular criminal warrants require. This bill would eliminate that system entirely and force all surveillance of Americans back into the regular court system, where the same rules that apply to criminal investigations would apply to intelligence investigations.

The practical effect would be significant: federal agents couldn't tap phones, monitor emails, track locations, or collect records about Americans without convincing a judge using the same evidence standards they'd need for a criminal case. The bill also makes it illegal for intelligence agencies to use information they collect about Americans through surveillance of foreign targets, and it creates serious criminal penalties—up to five years in prison and $10,000 fines—for officials who violate these rules. Additionally, any information gathered without following these new warrant requirements couldn't be used as evidence in any court case against an American citizen.

Supporters argue this protects Americans' privacy rights and prevents government overreach. Critics worry it could hamper national security operations by making it harder for intelligence agencies to monitor foreign threats and prevent terrorism. The bill essentially says that when it comes to Americans, privacy protections should be the same whether the government is investigating a crime or gathering foreign intelligence.

Fourth Amendment Restoration Act

Biggs, Andy

Fourth Amendment Restoration Act This bill limits surveillance conducted for foreign intelligence purposes. Specifically, the bill repeals provisions authorizing without a court order various types of searches and surveillance for foreign intelligence purposes, including electronic surveillance and access to business records. An officer of the U.S. government must obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information. The bill provides for criminal penalties for a person who knowingly violates these requirements or otherwise obtains such information under color of law without statutory authorization. Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.