H.R.117 - Fourth Amendment Restoration Act (119th Congress)
Summary
H.R. 117, the "Fourth Amendment Restoration Act," aims to repeal the Foreign Intelligence Surveillance Act (FISA) of 1978. The bill seeks to mandate that surveillance of United States citizens requires a warrant issued under the Federal Rules of Criminal Procedure. It also restricts the use of information obtained under Executive Order 12333 or during surveillance of non-U.S. citizens against U.S. citizens in legal proceedings.
Expected Effects
If enacted, H.R. 117 would significantly curtail the government's ability to conduct foreign intelligence surveillance within the United States, particularly concerning U.S. citizens. It would necessitate greater judicial oversight and adherence to traditional warrant requirements for surveillance activities.
Potential Benefits
- Strengthens privacy protections for U.S. citizens by requiring warrants for electronic surveillance and physical searches.
- Limits the use of information obtained through surveillance against U.S. citizens in legal proceedings.
- Reinforces the Fourth Amendment's protection against unreasonable searches and seizures.
- Increases transparency and accountability in foreign intelligence gathering.
- Potentially reduces the risk of government overreach in surveillance activities.
Potential Disadvantages
- May hinder national security efforts by limiting the government's ability to gather foreign intelligence.
- Could impede investigations into terrorism, espionage, and other threats.
- Might create delays and bureaucratic hurdles in obtaining necessary surveillance warrants.
- May disproportionately affect the government's ability to monitor foreign agents operating within the U.S.
- Could lead to a decrease in actionable intelligence, potentially increasing national vulnerability.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. By requiring warrants based on probable cause for surveillance of U.S. citizens, the bill reinforces this constitutional protection. However, the Constitution also grants the government powers to provide for national security, and some may argue that repealing FISA unduly restricts these powers. The balance between individual liberties and national security is a long debated topic.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).