[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7816 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7816
To amend the Foreign Intelligence Surveillance Act of 1978 to implement
reforms, to amend title 18, United States Code, to prevent law
enforcement and intelligence agencies from obtaining certain
commercially available information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2026
Mr. Biggs of Arizona (for himself, Mr. Crane, and Mr. Clyde) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Permanent Select Committee on
Intelligence, 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
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to implement
reforms, to amend title 18, United States Code, to prevent law
enforcement and intelligence agencies from obtaining certain
commercially available information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protect Liberty
and End Warrantless Surveillance Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of
1978.
TITLE I--FISA REFORM
Sec. 101. Prohibition on warrantless queries for the communications of
United States persons.
Sec. 102. Sunset of changes to definition of electronic communication
service provider.
Sec. 103. Limitation on directives under Foreign Intelligence
Surveillance Act of 1978 relating to
certain electronic communication service
providers.
Sec. 104. Use of amici curiae in Foreign Intelligence Surveillance
Court proceedings.
Sec. 105. Extension of FISA title VII authorities.
TITLE II--PROTECTION OF RECORDS HELD BY DATA BROKERS
Sec. 201. Short title.
Sec. 202. Protection of records held by data brokers.
Sec. 203. Required disclosure.
Sec. 204. Intermediary service providers.
Sec. 205. Protections for demands for data held by interactive
computing services.
Sec. 206. Limits on surveillance conducted for foreign intelligence
purposes other than under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 207. Limit on civil immunity for providing information,
facilities, or technical assistance to the
Government absent a court order.
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
(a) References to Foreign Intelligence Surveillance Act of 1978.--
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b) Effect of Certain Amendments on Conforming Changes to Tables of
Contents.--When an amendment made by this Act adds a section or larger
organizational unit to the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), repeals or transfers a section or larger
organizational unit in such Act, or amends the designation or heading
of a section or larger organizational unit in such Act, that amendment
also shall have the effect of amending the table of contents in such
Act to alter the table to conform to the changes made by the amendment.
TITLE I--FISA REFORM
SEC. 101. PROHIBITION ON WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS.
(a) Prohibition on Warrantless Queries.--
(1) Prohibition.--Section 702(f) (50 U.S.C. 1881a(f)) is
amended by inserting after paragraph (1) the following new
paragraph (2):
``(2) Prohibition on warrantless queries for the
communications and other information of united states
persons.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of
the United States may conduct a covered query of
information acquired under this section in an effort to
find the contents of communications or information of
or about 1 or more United States persons.
``(B) Exceptions for concurrent authorization,
consent, emergency situations, and certain defensive
cybersecurity queries.--
``(i) In general.--Subparagraph (A) shall
not apply to a query related to a United States
person if--
``(I) such person is the subject of
an order or emergency authorization
authorizing electronic surveillance
under section 105 or a physical search
under section 304, or a warrant issued
pursuant to the Federal Rules of
Criminal Procedure by a court of
competent jurisdiction authorizing the
conduct of the query;
``(II) the officer or employee
carrying out the query has a reasonable
belief that--
``(aa) an emergency exists
involving an imminent threat of
death or serious bodily harm;
and
``(bb) in order to prevent
or mitigate this threat, the
query must be conducted before
authorization pursuant to
subclause (I) can, with due
diligence, be obtained;
``(III) such person or, if such
person is incapable of providing
consent, a third party legally
authorized to consent on behalf of such
person, has provided consent to the
query on a case-by-case basis; or
``(IV)(aa) the query uses a known
cybersecurity threat signature as a
query term;
``(bb) the query is conducted, and
the results of the query are used, for
the sole purpose of identifying
targeted recipients of malicious
software and preventing or mitigating
harm from such malicious software; and
``(cc) no additional contents of
communications retrieved as a result of
the query are accessed or reviewed.
``(ii) Limitations.--
``(I) Use in subsequent proceedings
and investigations.--No information
retrieved pursuant to a query
authorized by clause (i)(II) or
information derived from such query may
be used, received in evidence, or
otherwise disseminated in any
investigation, trial, hearing, or other
proceeding in or before any court,
grand jury, department, office, agency,
regulatory body, legislative committee,
or other authority of the United
States, a State, or political
subdivision thereof, except in
proceedings or investigations that
arise from the threat that prompted the
query.
``(II) Assessment of compliance.--
Not less frequently than annually, the
Attorney General shall submit to the
congressional intelligence committees
and the Committees on the Judiciary of
the Senate and the House of
Representatives an assessment of the
compliance with the requirements under
subclause (I).
``(iii) Reporting of use of certain
exceptions.--
``(I) FISC.--The Foreign
Intelligence Surveillance Court shall
be provided a description of each query
that is conducted pursuant to an
exception described in subclause (II)
or (IV) of clause (i) by not later than
90 days after the date on which the
query is conducted.
``(II) Congress.--The congressional
intelligence committees and the
Committees on the Judiciary of the
House of Representatives and of the
Senate shall be provided a description
of each query that is conducted
pursuant to an exception described in
subclause (II) of clause (i) by not
later than 90 days after the date on
which the query is conducted.
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event
that a query for the contents of communications
or information of or about 1 or more United
States persons is conducted pursuant to an
emergency authorization described in
subparagraph (B)(i)(I) and the application for
such emergency authorization is denied, or in
any other case in which the query has been
conducted and no order is issued approving the
query--
``(I) no information obtained or
evidence derived from such query may be
used, received in evidence, or
otherwise disseminated in any
investigation, trial, hearing, or other
proceeding in or before any court,
grand jury, department, office, agency,
regulatory body, legislative committee,
or other authority of the United
States, a State, or political
subdivision thereof; and
``(II) no information concerning
any United States person acquired from
such query may subsequently be used or
disclosed in any other manner without
the consent of such person, except with
the approval of the Attorney General if
the information indicates a threat of
death or serious bodily harm to any
person.
``(ii) Assessment of compliance.--Not less
frequently than annually, the Attorney General
shall submit to the congressional intelligence
committees and the Committees on the Judiciary
of the Senate and the House of Representatives
an assessment of the compliance with the
requirements under subclause (I).''.
(2) Definitions.--Section 702(f) (50 U.S.C. 1881a(f)) is
amended by striking paragraph (5)(B) and inserting the
following:
``(B) The term `query'--
``(i) means the use of any technique,
whether manual or automated, to detect or
retrieve information obtained through
acquisitions authorized under subsection (a)
from within a system, collection, or assortment
of information, or a subset thereof; and
``(ii) does not include the manual
observation of retrieved information.
``(C)(i) The term `covered query' means a query
that--
``(I) is conducted using 1 or more terms
associated with 1 or more covered persons,
including personally identifiable information;
``(II) is conducted in whole or in part for
the purpose of detecting or retrieving
information of, or concerning, 1 or more
covered persons; or
``(III) is conducted with specific reason
to believe the query will detect or retrieve
information of, or concerning, 1 or more
covered persons.
``(ii) Whether a query is a covered query shall be
determined without regard to whether the information
subject to the query has already been detected or
retrieved using a method other than a query described
in clause (i).
``(D) The term `covered person' means a United
States person.''.
(3) Conforming amendments.--Section 702(f) (50 U.S.C.
1881a(f)) is further amended as follows:
(A) In paragraph (3), by striking subparagraph (A).
(B) By redesignating the second paragraph (2)
(relating to Prohibition on conduct of queries that are
solely designed to find and extract evidence of a
crime) as subparagraph (A) (and redesignating the
subordinate provisions accordingly) and transferring
such subparagraph so as to appear in paragraph (3)
before subparagraph (B) of such paragraph.
(C) In paragraph (3)(B)(ii), as so redesignated, by
striking ``under subparagraph (A)'' and inserting
``under clause (i)''.
(b) Metadata; Datasets.--Section 702(f) (50 U.S.C. 1881a(f)) is
further amended--
(1) by redesignating paragraph (5) as paragraph (8) and
moving such paragraph so as to appear at the end;
(2) by redesignating paragraph (6) as paragraph (5); and
(3) by inserting before paragraph (8), as so redesignated,
the following new paragraphs:
``(6) Prohibition on results of metadata query as a basis
for access to communications and other protected information.--
If a query of information acquired under this section is
conducted in an effort to find communications metadata of 1 or
more United States persons the results of the query shall not
be used as a basis for reviewing communications or information
a query for which is otherwise prohibited under this section.
``(7) Federated datasets.--The prohibitions and
requirements in this section shall apply to queries of
federated and mixed datasets that include information acquired
under this section, unless a mechanism exists to limit the
query to information not acquired under this section.''.
SEC. 102. SUNSET OF CHANGES TO DEFINITION OF ELECTRONIC COMMUNICATION
SERVICE PROVIDER.
Effective on December 31, 2026, the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) in section 701(b)(4) (50 U.S.C. 1881(b)(4))--
(A) in subparagraph (D), by adding ``or'' at the
end;
(B) by striking subparagraph (E);
(C) by redesignating subparagraph (F) as
subparagraph (E); and
(D) in subparagraph (E), as so redesignated--
(i) by striking ``custodian,''; and
(ii) by striking ``(D), or (E)'' and
inserting ``or (D)''; and
(2) in section 801(6) (50 U.S.C. 1885(6))--
(A) by striking subparagraph (E);
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(C) in subparagraph (E), as so redesignated, by
adding ``or'' at the end; and
(D) in subparagraph (F), as so redesignated--
(i) by striking ``custodian,''; and
(ii) by striking ``(E), or (F)'' and
inserting ``or (E)''.
SEC. 103. LIMITATION ON DIRECTIVES UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 RELATING TO CERTAIN ELECTRONIC
COMMUNICATION SERVICE PROVIDERS.
(a) In General.--Section 702(i) (50 U.S.C. 1881a(i)) is amended by
adding at the end the following:
``(7) Limitation relating to certain electronic
communication service providers.--
``(A) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--
The term `appropriate committees of Congress'
means--
``(I) the congressional
intelligence committees;
``(II) the Committee on the
Judiciary of the Senate; and
``(III) the Committee on the
Judiciary of the House of
Representatives.
``(ii) Covered electronic communication
service provider.--
``(I) In general.--Subject to
subclause (II), the term `covered
electronic communication service
provider' means--
``(aa) a service provider
described in section
701(b)(4)(E);
``(bb) a custodian of an
entity as defined in section
701(b)(4)(F); or
``(cc) an officer,
employee, or agent of a service
provider described in section
701(b)(4)(E).
``(II) Exclusion.--The term
`covered electronic communication
service provider' does not include--
``(aa) an electronic
communication service provider
described in subparagraph (A),
(B), (C), or (D) of section
701(b)(4); or
``(bb) an officer,
employee, or agent of an
electronic communication
service provider described in
subparagraph (A), (B), (C), or
(D) of section 701(b)(4),
to the extent that the electronic
communication service provider is
providing the United States Government
with information, facilities, or
assistance pursuant to such
subparagraphs.
``(iii) Covered opinions.--The term
`covered opinions' means the opinions of the
Foreign Intelligence Surveillance Court and the
Foreign Intelligence Surveillance Court of
Review authorized for public release on August
23, 2023 (Opinion and Order, In re Petition to
Set Aside or Modify Directive Issued to
[REDACTED], No. [REDACTED], (FISA Ct.
[REDACTED] 2022), (Contreras J.); Opinion, In
re Petition to Set Aside or Modify Directive
Issued to [REDACTED], No. [REDACTED], (FISA Ct.
Rev. [REDACTED] 2023), (Sentelle, J.;
Higginson, J.; Miller J.)).
``(B) Limitation.--A directive may not be issued
under paragraph (1) to a covered electronic
communication service provider unless the covered
electronic communication service provider is a provider
of the type of service at issue in the covered
opinions.
``(C) Declassification review required.--
``(i) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Director of National Intelligence, in
consultation with the Attorney General, shall
complete a declassification review in
accordance with section 3 of Executive Order
13526 (50 U.S.C. 3161 note; relating to
classified national security information), or
any successor order (in this subparagraph
referred to as `Executive Order 13526') and,
consistent with that review, make publicly
available to the greatest extent practicable
the type of service provider and services at
issue in the covered opinions.
``(ii) Specific inquiry.--In conducting the
review required under clause (i), the Director
of National Intelligence and the Attorney
General shall determine--
``(I) whether the information
described in clause (i) continues to
meet the requirements for
classification set forth in Executive
Order 13526; and
``(II) if the information described
in clause (i) continues to meet the
requirements for classification set
forth in Executive Order 13526, whether
the information should nonetheless be
declassified pursuant to section 3.1(d)
of Executive Order 13526.
``(iii) Factors.--In making a determination
under subclause (II) of clause (ii), the
Director of National Intelligence and the
Attorney General shall consider--
``(I) the public interest served by
ensuring that laws are public and
transparent; and
``(II) the fact that the type of
service provider or services at issue
in the covered opinions have been the
subject of public disclosures.
``(D) Requirements for directives to covered
electronic communication service providers.--
``(i) In general.--Subject to clause (ii),
any directive issued under paragraph (1) on or
after the date of the enactment of this
paragraph to a covered electronic communication
service provider that is not prohibited by
subparagraph (B) of this paragraph shall
include a summary description of the services
at issue in the covered opinions.
``(ii) Duplicate summaries not required.--A
directive need not include a summary
description of the services at issue in the
covered opinions if such summary was included
in a prior directive issued to the covered
electronic communication service provider and
the summary has not materially changed.
``(E) Foreign intelligence surveillance court
notification and review.--
``(i) Notification.--
``(I) In general.--Subject to
subclause (II), on or after the date of
the enactment of this paragraph, each
time the Attorney General and the
Director of National Intelligence serve
a directive under paragraph (1) to a
covered electronic communication
service provider that is not prohibited
by subparagraph (B) and each time the
Attorney General and the Director
materially change a directive under
paragraph (1) served on a covered
electronic communication service
provider that is not prohibited by
subparagraph (B), the Attorney General
shall provide the directive to the
Foreign Intelligence Surveillance Court
on or before the date that is 7 days
after the date on which the Attorney
General and the Director served the
directive, along with a description of
the covered electronic communication
service provider to whom the directive
is issued and the services at issue.
``(II) Duplication not required.--
The Attorney General does not need to
provide a directive or description to
the Foreign Intelligence Surveillance
Court under subclause (I) if a
directive and description concerning
the covered electronic communication
service provider was previously
provided to the Court and the directive
or description has not materially
changed.
``(ii) Additional information.--As soon as
feasible and not later than the initiation of
collection, the Attorney General shall, for
each directive described in clause (i), provide
the Foreign Intelligence Surveillance Court a
summary description of the type of equipment to
be accessed, the nature of the access, and the
form of assistance required pursuant to the
directive.
``(iii) Review.--
``(I) In general.--The Foreign
Intelligence Surveillance Court may
review a directive received by the
Court under clause (i) to determine
whether the directive is consistent
with subparagraph (B) and affirm,
modify, or set aside the directive.
``(II) Notice of intent to
review.--Not later than 7 days after
the date on which the Court receives
information under clause (ii) with
respect to a directive, the Court shall
provide notice to the Attorney General
and cleared counsel for the covered
electronic communication service
provider indicating whether the Court
intends to undertake a review under
subclause (I) of this clause.
``(III) Completion of reviews.--In
a case in which the Court provides
notice under subclause (II) indicating
that the Court intends to review a
directive under subclause (I), the
Court shall, not later than 30 days
after the date on which the Court
provides notice under subclause (II)
with respect to the directive, complete
the review.
``(F) Congressional oversight.--
``(i) Notification.--
``(I) In general.--Subject to
subclause (II), on or after the date of
the enactment of this paragraph, each
time the Attorney General and the
Director of National Intelligence serve
a directive under paragraph (1) on a
covered electronic communication
service provider that is not prohibited
by subparagraph (B) and each time the
Attorney General and the Director
materially change a directive under
paragraph (1) served on a covered
electronic communication service
provider that is not prohibited by
subparagraph (B), the Attorney General
shall submit to the appropriate
committees of Congress the directive on
or before the date that is 7 days after
the date on which the Attorney General
and the Director serve the directive,
along with a description of the covered
electronic communication service
provider to whom the directive is
issued and the services at issue.
``(II) Duplication not required.--
The Attorney General does not need to
submit a directive or description to
the appropriate committees of Congress
under subclause (I) if a directive and
description concerning the covered
electronic communication service
provider was previously submitted to
the appropriate committees of Congress
and the directive or description has
not materially changed.
``(ii) Additional information.--As soon as
feasible and not later than the initiation of
collection, the Attorney General shall, for
each directive described in clause (i), provide
the appropriate committees of Congress a
summary description of the type of equipment to
be accessed, the nature of the access, and the
form of assistance required pursuant to the
directive.
``(iii) Reporting.--
``(I) Quarterly reports.--Not later
than 90 days after the date of the
enactment of this paragraph and not
less frequently than once each quarter
thereafter, the Attorney General shall
submit to the appropriate committees of
Congress a report on the number of
directives served, during the period
covered by the report, under paragraph
(1) to a covered electronic
communication service provider and the
number of directives provided during
the same period to the Foreign
Intelligence Surveillance Court under
subparagraph (E)(i).
``(II) Form of reports.--Each
report submitted pursuant to subclause
(I) shall be submitted in unclassified
form, but may include a classified
annex.
``(III) Submission of court
opinions.--Not later than 45 days after
the date on which the Foreign
Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court
of Review issues an opinion relating to
a directive issued to a covered
electronic communication service
provider under paragraph (1), the
Attorney General shall submit to the
appropriate committees of Congress a
copy of the opinion.''.
(b) Sunset.--Effective on December 31, 2026, section 702(i) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)), as
amended by this section, is amended by striking paragraph (7).
SEC. 104. USE OF AMICI CURIAE IN FOREIGN INTELLIGENCE SURVEILLANCE
COURT PROCEEDINGS.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2)(A) (50 U.S.C.
1803(i)(2)(A)) is amended by striking clause (i) and inserting
the following:
``(i) shall, unless the court issues a
finding that appointment is not appropriate,
appoint 1 or more individuals who have been
designated under paragraph (1), not fewer than
1 of whom possesses privacy and civil liberties
expertise, unless the court finds that such a
qualification is inappropriate, to serve as
amicus curiae to assist the court in the
consideration of any application or motion for
an order or review that, in the opinion of the
court--
``(I) presents a novel or
significant interpretation of the law;
``(II) presents significant
concerns with respect to the activities
of a United States person that are
protected by the first amendment to the
Constitution of the United States;
``(III) presents or involves a
sensitive investigative matter;
``(IV) presents a request for
approval of a new program, a new
technology, or a new use of existing
technology;
``(V) presents a request for
reauthorization of programmatic
surveillance;
``(VI) otherwise presents novel or
significant civil liberties issues; or
``(VII) otherwise involves the
activities of a United States person;
and''.
(2) Definition of sensitive investigative matter.--Section
103(i) (50 U.S.C. 1803(i)) is amended by adding at the end the
following:
``(12) Definition.--In this subsection, the term `sensitive
investigative matter' means--
``(A) an investigative matter involving the
activities of--
``(i) a domestic public official or
political candidate, or an individual serving
on the staff of such an official or candidate;
``(ii) a domestic religious or political
organization, or a known or suspected United
States person prominent in such an
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a
domestic entity or a known or suspected United States
person that, in the judgment of the applicable court
established under subsection (a) or (b), is as
sensitive as an investigative matter described in
subparagraph (A).''.
(b) Authority To Seek Review.--Section 103(i) (50 U.S.C. 1803(i))
is further amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``;
authority'' after ``Duties'';
(B) in the matter preceding subparagraph (A), by
striking ``shall'';
(C) in subparagraph (A)--
(i) by inserting ``shall'' before ``be
limited''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(D) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``shall'' before ``provide'';
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``,
including legal arguments regarding any privacy
or civil liberties interest of any United
States person that would be significantly
impacted by the application or motion''; and
(iii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following new
subparagraph:
``(C) may seek leave to raise any novel or
significant privacy or civil liberties issue relevant
to the application or motion or other issue directly
impacting the legality of the proposed electronic
surveillance with the court, regardless of whether the
court has requested assistance on that issue under
subparagraph (A).'';
(2) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) FISA court decisions.--
``(i) Petition.--Following issuance of an
order under this Act by the Foreign
Intelligence Surveillance Court, an amicus
curiae appointed under paragraph (2) may
petition the Foreign Intelligence Surveillance
Court to certify for review to the Foreign
Intelligence Surveillance Court of Review a
question of law pursuant to subsection (j).
``(ii) Written statement of reasons.--If
the Foreign Intelligence Surveillance Court
denies a petition under this subparagraph, the
Foreign Intelligence Surveillance Court shall
provide for the record a written statement of
the reasons for the denial.
``(iii) Appointment.--Upon certification of
any question of law pursuant to this
subparagraph, the Court of Review shall appoint
the amicus curiae to assist the Court of Review
in its consideration of the certified question,
unless the Court of Review issues a finding
that such appointment is not appropriate.
``(B) FISA court of review decisions.--An amicus
curiae appointed under paragraph (2) may petition the
Foreign Intelligence Surveillance Court of Review to
certify for review to the Supreme Court of the United
States any question of law pursuant to section 1254(2)
of title 28, United States Code.
``(C) Declassification of referrals.--For purposes
of section 602, a petition filed under subparagraph (A)
or (B) of this paragraph and all of its content shall
be considered a decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review
described in paragraph (2) of section 602(a).''.
(c) Access to Information.--
(1) Application and materials.--Section 103(i)(6) (50
U.S.C. 1803(i)(6)) is amended by striking subparagraph (A) and
inserting the following:
``(A) Right of amicus.--If a court established
under subsection (a) or (b) appoints an amicus curiae
under paragraph (2), the amicus curiae--
``(i) shall have access, to the extent such
information is available to the Government,
to--
``(I) the application,
certification, petition, motion, and
other information and supporting
materials, submitted to the Foreign
Intelligence Surveillance Court in
connection with the matter in which the
amicus curiae has been appointed,
including access to any relevant
decision (including any such decision
that is cited by the Government,
including in such an application);
``(II) an unredacted copy of each
relevant decision made by the Foreign
Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court
of Review in which the court decides a
question of law, without regard to
whether the decision is classified; and
``(III) any other information or
materials, or individuals, that the
court determines are relevant to the
duties of the amicus curiae; and
``(ii) may make a submission to the court
requesting access to any other particular
materials or information (or category of
materials or information) that the amicus
curiae believes to be relevant to the duties of
the amicus curiae.''.
(2) Clarification of access to certain information.--
Section 103(i)(6) (50 U.S.C. 1803(i)(6)) is further amended--
(A) in subparagraph (B), by striking ``may'' and
inserting ``shall''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Classified information.--An amicus curiae
designated or appointed by the court shall have access,
to the extent such information is available to the
Government, to unredacted copies of each relevant
opinion, order, transcript, pleading, or other document
of the Foreign Intelligence Surveillance Court and the
Foreign Intelligence Surveillance Court of Review,
including, if the individual is eligible for access to
classified information, any classified documents,
information, and other materials or proceedings.''.
(d) Application.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to proceedings under the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) that take place on or after, or are
pending on, that date.
SEC. 105. EXTENSION OF FISA TITLE VII AUTHORITIES.
(a) Extension of Repeal Date of Title VII.--Section 403(b) of the
FISA Amendments Act of 2008 (Public Law 110-261) is amended--
(1) in paragraph (1) (50 U.S.C. 1881 note) by striking
``effective two years after'' and all that follows through the
period at the end and inserting ``effective April 20, 2028,
title VII of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881 et seq.) is repealed.''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``Effective two years
after the date of enactment of the Reforming Intelligence and
Securing America Act'' and inserting ``Effective April 20,
2028''.
(b) Extension of Transition Procedures.--Section 404(b) of the FISA
Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is
amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``Two Years After
the Date of Enactment of the Reforming Intelligence and
Securing America Act'' and inserting ``Repeal Date'';
and
(B) by striking ``, as amended by section 101(a)
and by the FISA Amendments Reauthorization Act of 2017
and the Reforming Intelligence and Securing America
Act,'' and inserting ``(50 U.S.C. 1881 et seq.)''; and
(2) in paragraph (2), by striking ``, as amended by section
101(a) and by the FISA Amendments Reauthorization Act of 2017
and the Reforming Intelligence and Securing America Act,'' and
inserting ``(50 U.S.C. 1881 et seq.)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or April
20, 2026.
TITLE II--PROTECTION OF RECORDS HELD BY DATA BROKERS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fourth Amendment Is Not For Sale
Act''.
SEC. 202. PROTECTION OF RECORDS HELD BY DATA BROKERS.
Section 2702 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Prohibition on Obtaining in Exchange for Anything of Value
Certain Records and Information by Law Enforcement and Intelligence
Agencies.--
``(1) Definitions.--In this subsection--
``(A) the term `covered customer or subscriber
record' means a covered record that is--
``(i) disclosed to a third party by--
``(I) a provider of an electronic
communication service to the public or
a provider of a remote computing
service of which the covered person
with respect to the covered record is a
subscriber or customer; or
``(II) an intermediary service
provider that delivers, stores, or
processes communications of such
covered person;
``(ii) collected by a third party from an
online account of a covered person; or
``(iii) collected by a third party from or
about an electronic device of a covered person;
``(B) the term `covered person' means a United
States person;
``(C) the term `covered record' means a record or
other information that--
``(i) pertains to a covered person; and
``(ii) is--
``(I) a record or other information
described in the matter preceding
paragraph (1) of subsection (c);
``(II) the contents of a
communication; or
``(III) location information;
``(D) the term `electronic device' has the meaning
given the term `computer' in section 1030(e);
``(E) the term `illegitimately obtained
information' means a covered record that--
``(i) was obtained--
``(I) from a provider of an
electronic communication service to the
public or a provider of a remote
computing service in a manner that--
``(aa) violates the service
agreement between the provider
and customers or subscribers of
the provider; or
``(bb) is inconsistent with
the privacy policy of the
provider;
``(II) by deceiving the covered
person whose covered record was
obtained; or
``(III) through the unauthorized
accessing of an electronic device or
online account; or
``(ii) was--
``(I) obtained from a provider of
an electronic communication service to
the public, a provider of a remote
computing service, or an intermediary
service provider; and
``(II) collected, processed, or
shared in violation of a contract
relating to the covered record;
``(F) the term `intelligence community' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003);
``(G) the term `location information' means
information derived or otherwise calculated from the
transmission or reception of a radio signal that
reveals the approximate or actual geographic location
of a customer, subscriber, or device;
``(H) the term `obtain in exchange for anything of
value' means to obtain by purchasing, to receive in
connection with services being provided for
consideration, or to otherwise obtain in exchange for
consideration, including an access fee, service fee,
maintenance fee, or licensing fee;
``(I) the term `online account' means an online
account with an electronic communication service to the
public or remote computing service;
``(J) the term `pertain', with respect to a person,
means--
``(i) information that is linked to the
identity of a person; or
``(ii) information--
``(I) that has been anonymized to
remove links to the identity of a
person; and
``(II) that, if combined with other
information, could be used to identify
a person; and
``(K) the term `third party' means a person who--
``(i) is not a governmental entity; and
``(ii) in connection with the collection,
disclosure, obtaining, processing, or sharing
of the covered record at issue, was not acting
as--
``(I) a provider of an electronic
communication service to the public; or
``(II) a provider of a remote
computing service.
``(2) Limitation.--
``(A) In general.--A law enforcement agency of a
governmental entity and an element of the intelligence
community may not obtain from a third party in exchange
for anything of value a covered customer or subscriber
record or any illegitimately obtained information.
``(B) Indirectly acquired records and
information.--The limitation under subparagraph (A)
shall apply without regard to whether the third party
possessing the covered customer or subscriber record or
illegitimately obtained information is the third party
that initially obtained or collected, or is the third
party that initially received the disclosure of, the
covered customer or subscriber record or illegitimately
obtained information.
``(3) Limit on sharing between agencies.--An agency of a
governmental entity that is not a law enforcement agency or an
element of the intelligence community may not provide to a law
enforcement agency of a governmental entity or an element of
the intelligence community a covered customer or subscriber
record or illegitimately obtained information that was obtained
from a third party in exchange for anything of value.
``(4) Prohibition on use as evidence.--A covered customer
or subscriber record or illegitimately obtained information
obtained by or provided to a law enforcement agency of a
governmental entity or an element of the intelligence community
in violation of paragraph (2) or (3), and any evidence derived
therefrom, may not be received in evidence in any trial,
hearing, or other proceeding in or before any court, grand
jury, department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof.
``(5) Minimization procedures.--
``(A) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to
minimize the acquisition and retention, and prohibit
the dissemination, of information pertaining to a
covered person that is acquired in violation of
paragraph (2) or (3).
``(B) Use by agencies.--If a law enforcement agency
of a governmental entity or element of the intelligence
community acquires information pertaining to a covered
person in violation of paragraph (2) or (3), the law
enforcement agency of a governmental entity or element
of the intelligence community shall minimize the
acquisition and retention, and prohibit the
dissemination, of the information in accordance with
the procedures adopted under subparagraph (A).''.
SEC. 203. REQUIRED DISCLOSURE.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Covered Customer or Subscriber Records and Illegitimately
Obtained Information.--
``(1) Definitions.--In this subsection, the terms `covered
customer or subscriber record', `illegitimately obtained
information', and `third party' have the meanings given such
terms in section 2702(e).
``(2) Limitation.--Unless a governmental entity obtains an
order in accordance with paragraph (3), the governmental entity
may not require a third party to disclose a covered customer or
subscriber record or any illegitimately obtained information if
a court order would be required for the governmental entity to
require a provider of remote computing service or a provider of
electronic communication service to the public to disclose such
a covered customer or subscriber record or illegitimately
obtained information that is a record of a customer or
subscriber of the provider.
``(3) Orders.--
``(A) In general.--A court may only issue an order
requiring a third party to disclose a covered customer
or subscriber record or any illegitimately obtained
information on the same basis and subject to the same
limitations as would apply to a court order to require
disclosure by a provider of remote computing service or
a provider of electronic communication service to the
public of a record of a customer or subscriber of the
provider.
``(B) Standard.--For purposes of subparagraph (A),
a court shall apply the most stringent standard under
Federal statute or the Constitution of the United
States that would be applicable to a request for a
court order to require a comparable disclosure by a
provider of remote computing service or a provider of
electronic communication service to the public of a
record of a customer or subscriber of the provider.''.
SEC. 204. INTERMEDIARY SERVICE PROVIDERS.
(a) Definition.--Section 2711 of title 18, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `intermediary service provider' means an
entity or facilities owner or operator that directly or
indirectly delivers, stores, or processes communications for or
on behalf of a provider of electronic communication service to
the public or a provider of remote computing service.''.
(b) Prohibition.--Section 2702(a) of title 18, United States Code,
is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) an intermediary service provider shall not knowingly
divulge--
``(A) to any person or entity the contents of a
communication while in electronic storage by that
provider; or
``(B) to any governmental entity a record or other
information pertaining to a subscriber to or customer
of, a recipient of a communication from a subscriber to
or customer of, or the sender of a communication to a
subscriber to or customer of, the provider of
electronic communication service to the public or the
provider of remote computing service for, or on behalf
of, which the intermediary service provider directly or
indirectly delivers, transmits, stores, or processes
communications.''.
SEC. 205. PROTECTIONS FOR DEMANDS FOR DATA HELD BY INTERACTIVE
COMPUTING SERVICES.
(a) Definition.--Section 2711 of title 18, United States Code, as
amended by section 204, is further amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) the term `online service provider' means a provider
of electronic communication service, a provider of remote
computing service, any information service, system, or access
software provider that provides or enables computer access by
multiple users to a computer server, including specifically a
service or system that provides access to the Internet and such
systems operated or services offered by libraries or
educational institutions; and''.
(b) Required Disclosure.--Section 2703 of title 18, United States
Code, as amended by section 203, is further amended--
(1) in subsection (a), in the first sentence, by striking
``a provider of electronic communication service'' and
inserting ``an online service provider'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``a provider of
electronic communication service or remote computing
service'' and inserting ``an online service provider'';
and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``A provider of
electronic communication service or remote computing
service'' and inserting ``An online service provider'';
and
(3) in subsection (g), by striking ``a provider of
electronic communications service or remote computing service''
and inserting ``an online service provider''.
(c) Limitation on Voluntary Disclosure.--Section 2702(a) of title
18, United States Code, as amended by section 204, is further amended--
(1) in paragraph (1), by striking ``a person or entity
providing an electronic communication service to the public''
and inserting ``an online service provider'';
(2) in paragraph (2), by striking ``a person or entity
providing remote computing service to the public'' and
inserting ``an online service provider''; and
(3) in paragraph (3), by striking ``a provider of remote
computing service or electronic communication service to the
public'' and inserting ``an online service provider''.
SEC. 206. LIMITS ON SURVEILLANCE CONDUCTED FOR FOREIGN INTELLIGENCE
PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Section 2511(2)(f) of title 18, United States
Code, is amended to read as follows:
``(f)(i)(A) Nothing contained in this chapter, chapter 121 or 206
of this title, or section 705 of the Communications Act of 1934 (47
U.S.C. 151 et seq.) shall be deemed to affect an acquisition or
activity described in clause (B) that is carried out utilizing a means
other than electronic surveillance, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(B) An acquisition or activity described in this clause is--
``(I) an acquisition by the United States Government of
foreign intelligence information from international or foreign
communications that--
``(aa) is acquired pursuant to express statutory
authority; or
``(bb) only includes information of persons who are
not United States persons and are located outside the
United States; or
``(II) a foreign intelligence activity involving a foreign
electronic communications system that--
``(aa) is conducted pursuant to express statutory
authority; or
``(bb) only involves the acquisition by the United
States Government of information of persons who are not
United States persons and are located outside the
United States.
``(ii) The procedures in this chapter, chapter 121, and the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic surveillance, as defined in
section 101 of such Act, and the interception of domestic wire, oral,
and electronic communications may be conducted.''.
(b) Exclusive Means Related to Communications Records.--The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic communications transactions
records, call detail records, or other information from communications
of United States persons or persons inside the United States are
acquired for foreign intelligence purposes inside the United States or
from a person or entity located in the United States that provides
telecommunications, electronic communication, or remote computing
services.
(c) Exclusive Means Related to Location Information, Web Browsing
History, and Internet Search History.--
(1) Definition.--In this subsection, the term ``location
information'' has the meaning given that term in subsection (e)
of section 2702 of title 18, United States Code, as added by
section 202 of this Act.
(2) Exclusive means.--Title I and sections 303, 304, 702,
703, 704, and 705 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881a, 1881b,
1881c, 1881d) shall be the exclusive means by which location
information, web browsing history, and internet search history
of United States persons or persons inside the United States
are acquired for foreign intelligence purposes inside the
United States or from a person or entity located in the United
States.
(d) Exclusive Means Related to Fourth Amendment-Protected
Information.--Title I and sections 303, 304, 702, 703, 704, and 705 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq., 1823, 1824, 1881a, 1881b, 1881c, 1881d) shall be the exclusive
means by which any information, records, data, or tangible things are
acquired for foreign intelligence purposes from a person or entity
located in the United States if the compelled production of such
information, records, data, or tangible things would require a warrant
for law enforcement purposes.
(e) Definition.--In this section, the term ``United States person''
has the meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 207. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFORMATION,
FACILITIES, OR TECHNICAL ASSISTANCE TO THE GOVERNMENT
ABSENT A COURT ORDER.
Section 2511(2)(a) of title 18, United States Code, is amended--
(1) in subparagraph (ii), by striking clause (B) and
inserting the following:
``(B) a certification in writing--
``(I) by a person specified in section 2518(7) or
the Attorney General of the United States;
``(II) that the requirements for an emergency
authorization to intercept a wire, oral, or electronic
communication under section 2518(7) have been met; and
``(III) that the specified assistance is
required,''; and
(2) by striking subparagraph (iii) and inserting the
following:
``(iii) For assistance provided pursuant to a certification under
subparagraph (ii)(B), the limitation on causes of action under the last
sentence of the matter following subparagraph (ii)(B) shall only apply
to the extent that the assistance ceased at the earliest of the time
the application for a court order was denied, the time the
communication sought was obtained, or 48 hours after the interception
began.''.
<all>