H.R. 4639House118th Congress (2023-2025)Passed House

Fourth Amendment Is Not For Sale Act

Introduced July 14, 2023

AI-Generated Summary

Updated January 20, 2026 at 9:58 AM UTC

The Fourth Amendment Is Not For Sale Act amends federal law to stop law‑enforcement and intelligence agencies from buying or otherwise receiving subscriber or customer records from data brokers, internet service providers, or other third parties. It creates new definitions of “covered records” and “covered persons,” bars agencies from using such records as evidence, and requires stricter court‑order standards and minimization procedures. The bill also tightens rules for intermediary service providers and limits foreign‑intelligence surveillance to existing FISA authorities.

Key Provisions

  • Prohibits any law‑enforcement or intelligence agency from obtaining a covered customer or subscriber record, or any information obtained illegitimately, in exchange for any value (money, fees, or other consideration).
  • Defines “covered record,” “covered person,” “illegitimately obtained information,” and related terms to focus on data held by providers, intermediaries, or collected from devices and online accounts.
  • Bars agencies from sharing or using records obtained in violation of the prohibition, and bars such evidence from being admitted in any legal proceeding.
  • Requires the Attorney General to adopt minimization procedures to limit acquisition, retention, and dissemination of improperly obtained information.
  • Adds disclosure rules that a court may only order a third party to turn over covered records under the same standards that apply to service providers, using the most stringent legal standard.
  • Defines “intermediary service provider” and prohibits them from knowingly disclosing stored communications or subscriber information to government entities.
  • Limits foreign‑intelligence surveillance and acquisition of location, browsing, and search history of U.S. persons to the procedures and warrants outlined in the Foreign Intelligence Surveillance Act.
  • Restricts civil immunity for companies providing technical assistance or information to the government without a court order, requiring written certification and limiting liability duration.

Legislative Activity

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29 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

April 18, 2024

View full timeline
HouseIntro Referral

Introduced in House

July 14, 2023

HouseIntro Referral

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.

July 14, 2023

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 30 - 0.

July 19, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

July 19, 2023

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.

April 15, 2024

HouseCommittee

Committee on Intelligence (Permanent) discharged.

April 15, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 381.

April 15, 2024

HouseFloor

Rules Committee Resolution H. Res. 1149 Reported to House. Rule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.

April 16, 2024 • 9:28 AM

HouseFloor

Rule H. Res. 1149 passed House.

April 16, 2024 • 2:13 PM

HouseFloor

Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)

April 17, 2024 • 12:22 PM

HouseFloor

Rule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.

April 17, 2024 • 12:22 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.

April 17, 2024 • 12:22 PM

HouseFloor

The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.

April 17, 2024 • 12:22 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.

April 17, 2024 • 12:23 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson amendment No. 1.

April 17, 2024 • 1:00 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Higgins (LA) amendment No. 2.

April 17, 2024 • 1:04 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the LaLota amendment No. 3.

April 17, 2024 • 1:12 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the LaLota amendment No. 3, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. LaLota demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.

April 17, 2024 • 1:20 PM

HouseFloor

Mr. Davidson moved that the committee rise.

April 17, 2024 • 1:21 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

April 17, 2024 • 1:21 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.

April 17, 2024 • 1:22 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2480-2481)

April 17, 2024 • 5:01 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

April 17, 2024 • 5:01 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.

April 17, 2024 • 5:42 PM

HouseFloor

The previous question was ordered pursuant to the rule.

April 17, 2024 • 5:44 PM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

April 17, 2024 • 5:44 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).

April 17, 2024 • 5:52 PM

HouseFloor

On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).

April 17, 2024 • 5:52 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 17, 2024 • 5:52 PM

SenateIntro Referral

Received in the Senate.

April 18, 2024

Floor Debate

22 members

What members said about H.R. 4639 on the floor

14 Republicans8 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Apr 16, 2024

Mr. Speaker, I thank the gentleman from Pennsylvania for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I join the gentleman from Pennsylvania in…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Apr 16, 2024

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1149 and ask for its immediate consideration. For the purpose of debate only, I yield the customary 30 minutes to the…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Apr 17, 2024

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in strong support of H.R. 4639, the Fourth Amendment Is Not For Sale Act. I was proud to join Congressman Davidson in…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · Apr 17, 2024

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 4639. Mr. Chairman, I yield…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Apr 17, 2024

Mr. Chair, I thank the gentlewoman for yielding. Frankly, in the House it is rare today that we have an issue that doesn't break on party lines, and privacy, unfortunately, isn't unanimous. The…

Show 8 more
Thomas Massie
Rep. Thomas MassieR-KY-4 · Mar 13, 2024

Mr. Speaker, I rise in actual opposition to the bill. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I know the sponsors of this bill are sincere in their concerns and in their…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Mar 13, 2024

Mr. Speaker, no. Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, I rise in support of H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. Big Tech has…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Mar 13, 2024

Mr. Speaker, I thank the gentleman for yielding time. Mr. Speaker, I think it is important we solve the right problem. The gentleman from New Jersey, who isn't actually opposed to the bill, seems to…

Nick LaLota
Rep. Nick LaLotaR-NY-1 · Apr 17, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, I yield myself such time as I may consume. Indeed, Mr. Chair, the Fourth Amendment should not be for sale. We agree on that. That is to say our…

Marjorie Taylor Greene
Rep. Marjorie Taylor GreeneR-GA-14 · Mar 13, 2024

Mr. Speaker, I rise today as the only Member of Congress that has ever been banned by social media. On January 2, 2022, Twitter banned me, banned my personal account on which I was campaigning for…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Apr 16, 2024

Mr. Speaker, I thank the ranking member for pointing out the importance of the moment we are in and the fact that there are people dying. There are children dying of hunger. How is it that we do not…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Mar 13, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 7521) to protect the national security of the United States from the threat posed by foreign adversary controlled applications, such…

Dan Bishop
Rep. Dan BishopR-NC-8 · Mar 13, 2024

Mr. Speaker, this is not the first time that restricting speech has been pursued in the interests of national security. In fact, in 5 days' time, next Monday, I will go to the Supreme Court for the…

Show 11 more
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Mar 13, 2024

Mr. Speaker, I urge my colleagues to join me in supporting H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act, a bipartisan bill introduced by our colleagues Mike…

John H. Rutherford
Rep. John H. RutherfordR-FL-5 · Apr 16, 2024

Mr. Speaker, I thank the gentleman for yielding. It is good to stand with him on this very important topic. Mr. Speaker, I have to tell you, I rise today in strong opposition to H.R. 4639, which is…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Apr 16, 2024

Mr. Speaker, I thank the gentleman from Pennsylvania for yielding the time today. I rise today in support of the underlying legislation to put a stop to the Biden administration's policies of…

Raja Krishnamoorthi
Rep. Raja KrishnamoorthiD-IL-8 · Mar 13, 2024

Mr. Speaker, I thank Ranking Member Pallone; Mr. Gallagher, my partner on this bill; Chairwoman McMorris Rodgers; and all the members of the select committee. First, this bill is not a ban, and it is…

Clay Higgins
Rep. Clay HigginsR-LA-3 · Apr 17, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, as the underlying bill was being developed, those of us on both sides of the aisle were concerned about constitutional protections, the…

Jim Jordan
Rep. Jim JordanR-OH-4 · Apr 17, 2024

Mr. Chair, I thank the gentlewoman for yielding. Mr. Chair, the government is not allowed to get your information without a warrant. They are not allowed to do it. Even if they buy it, they are not…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 13, 2024

Mr. Speaker, I rise today to speak on H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. This bill would prohibit the distribution, maintenance, or provision of…

Nancy Pelosi
Rep. Nancy PelosiD-CA-11 · Mar 13, 2024

Mr. Speaker, I thank the gentleman for yielding and for his leadership on this very important issue. I thank the distinguished chairwoman of the Energy and Commerce Committee and associate myself…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Apr 16, 2024

Mr. Speaker, I encourage all of my colleagues to support this bill. We all swore an oath to support and defend the Constitution. The Fourth Amendment does not say that if you have nothing to hide,…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Apr 17, 2024

Mr. Chairman, I thank the gentlewoman for yielding. Mr. Chairman, I rise today to strongly support H.R. 4639, the Fourth Amendment Is Not For Sale Act. This critical bill would prohibit government…

Sara Jacobs
Rep. Sara JacobsD-CA-51 · Apr 17, 2024

Mr. Chair, I thank Ranking Member Nadler for his leadership on this issue. Under almost any other circumstance, law enforcement and intelligence agencies need a warrant to access our personal…

Bill Text

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Received in SenateIssued April 18, 2024

II

118th CONGRESS

2d Session

H. R. 4639

IN THE SENATE OF THE UNITED STATES

April 18, 2024

Received

AN ACT

To amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes.


1.

Short title

This Act may be cited as the Fourth Amendment Is Not For Sale Act.

2.

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—

(i)

a person who is located inside the United States; or

(ii)

a person—

(I)

who is located outside the United States or whose location cannot be determined; and

(II)

who is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);

(C)

the term covered record

(i)

means a record or other information that—

(I)

pertains to a covered person; and

(II)

is—

(aa)

a record or other information described in the matter preceding paragraph (1) of subsection (c);

(bb)

the contents of a communication; or

(cc)

location information; and

(ii)

does not include a record or other information that—

(I)

has been voluntarily made available to the general public by a covered person on a social media plat form or similar service;

(II)

is lawfully available to the public as a Federal, State, or local government record or through other widely distributed media;

(III)

is obtained by a law enforcement agency of a governmental entity or an element of the intelligence community for the purpose of conducting a background check of a covered person—

(aa)

with the written consent of such person;

(bb)

for access or use by such agency or element for the purpose of such background check; and

(cc)

that is destroyed after the date on which it is no longer needed for such background check; or

(IV)

is data generated by a public or private ALPR system;

(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;

(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; and

(L)

the term automated license plate recognition system or ALPR system means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data.

(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).

.

3.

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.

.

4.

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.

.

5.

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 2 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).

6.

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.

.

Passed the House of Representatives April 17, 2024.

Kevin F. McCumber,

Clerk.