What does Preamble of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This bill proposes amendments to the Foreign Intelligence Surveillance Act of 1978 to implement reforms. It also aims to amend title 18, United States Code, to restrict law enforcement and intelligence agencies' access to certain commercially available information. The bill was introduced by Mr. Biggs of Arizona, along with Mr. Crane and Mr. Clyde.

What does AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section outlines how amendments made by this Act affect the Foreign Intelligence Surveillance Act of 1978. References to amendments or repeals within this Act are considered to be made to sections or provisions of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). Amendments that add, repeal, or modify sections or headings within the Foreign Intelligence Surveillance Act of 1978 will have an effect on conforming changes to tables of contents.

What does PROHIBITION ON WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends Section 702(f) of Title 50, U.S. Code, to prohibit warrantless queries of communications and information of United States persons acquired under that section. Exceptions to the prohibition exist for situations involving concurrent authorization, consent, emergency situations, and certain defensive cybersecurity queries. Information retrieved through queries authorized under emergency circumstances cannot be used in subsequent legal proceedings unless those proceedings arise from the threat that prompted the query. The Attorney General must annually assess compliance with these requirements and submit reports to congressional intelligence committees and the Committees on the Judiciary. The Foreign Intelligence Surveillance Court (FISC) and congressional committees must be notified of certain exception queries within 90 days. The definition of 'query' is established as the use of techniques to detect or retrieve information, excluding manual observation. A 'covered query' is defined as one using terms associated with covered persons to detect or retrieve information about them. Queries of metadata are restricted; the results cannot be used as a basis for reviewing communications otherwise prohibited. Prohibitions and requirements apply to queries of federated datasets that include information acquired under Section 702.

What does SUNSET OF CHANGES TO DEFINITION OF ELECTRONIC COMMUNICATION of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends the Foreign Intelligence Surveillance Act of 1978. Amendments are made to sections 701(b)(4) and 801(6) of the Act. Subparagraph (E) is struck in both sections 701(b)(4) and 801(6). Subparagraphs (F) and (G) in section 801(6) are redesignated as (E) and (F) respectively. The term 'custodian' is struck from redesignated subparagraph (E) in both sections. References to '(D), or (E)' are modified to '(D) or (E)' in section 701(b)(4) and to '(E), or (F)' are modified to '(E) or (F)' in section 801(6).

What does LIMITATION ON DIRECTIVES UNDER FOREIGN INTELLIGENCE of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends Section 702(i) of the Foreign Intelligence Surveillance Act of 1978 to add limitations on directives issued to certain electronic communication service providers. It defines 'appropriate committees of Congress' as including congressional intelligence committees and the Senate and House Judiciary Committees. The term 'covered electronic communication service provider' is defined, with exclusions for certain providers already providing information to the U.S. Government. Directives issued under paragraph (1) to covered providers must relate to the services at issue in specific Foreign Intelligence Surveillance Court (FISC) opinions. The Director of National Intelligence, in consultation with the Attorney General, must complete a declassification review of the covered opinions within 180 days of enactment. Directives to covered providers must include a summary description of the services at issue in the covered opinions, unless a prior summary hasn't materially changed. The Attorney General must provide directives and descriptions to the FISC within 7 days of service and provide additional information as soon as feasible. The FISC may review directives to determine consistency with the new limitations and affirm, modify, or set aside the directive. The Attorney General must also submit directives and descriptions to the appropriate committees of Congress within 7 days and provide additional information. Quarterly reports on directives served to covered providers and provided to the FISC must be submitted to Congress. These provisions are set to expire on December 31, 2026.

What does USE OF AMICI CURIAE IN FOREIGN INTELLIGENCE SURVEILLANCE of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends the Foreign Intelligence Surveillance Act (FISA) to expand the appointment authority of amici curiae in court proceedings. The amendments require the FISA court to appoint amici curiae with privacy and civil liberties expertise, unless deemed inappropriate. The definition of 'sensitive investigative matter' is broadened to include investigations involving domestic public officials, religious or political organizations, and the news media. The legislation clarifies the authority of amici curiae to seek review of FISA court decisions and to petition the Foreign Intelligence Surveillance Court of Review and the Supreme Court. Amici curiae are granted increased access to information, including applications, decisions, and other relevant materials, even classified documents if eligible. The amendments apply to proceedings taking place on or after the date of enactment of this Act.

What does EXTENSION OF FISA TITLE VII AUTHORITIES. of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section extends authorities related to Title VII of the Foreign Intelligence Surveillance Act of 1978. Section 403(b) of the FISA Amendments Act of 2008 is amended to repeal Title VII on April 20, 2028. Section 404(b) of the FISA Amendments Act of 2008 is amended to modify transition procedures related to Title VII, referencing 50 U.S.C. 1881 et seq. The amendments made by this section take effect on the earlier of the date of enactment or April 20, 2026.

What does SHORT TITLE. of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This bill is formally titled the 'Fourth Amendment Is Not For Sale Act'.

What does PROTECTION OF RECORDS HELD BY DATA BROKERS. of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends title 18, United States Code, to prohibit law enforcement agencies and elements of the intelligence community from obtaining covered customer or subscriber records or illegitimately obtained information from third parties in exchange for anything of value. The definition of 'covered customer or subscriber record' includes records disclosed by providers of electronic communication services, collected from online accounts, or collected from electronic devices. The definition of 'covered person' is a United States person. The limitation on obtaining records applies regardless of whether the third party initially obtained or collected the information. Agencies that are not law enforcement or intelligence agencies are prohibited from providing records obtained from third parties in exchange for anything of value to those agencies. Records obtained in violation of the limitations are inadmissible as evidence in legal proceedings. The Attorney General must adopt procedures to minimize the acquisition and dissemination of information obtained in violation of the rules.

What does REQUIRED DISCLOSURE. of Protect Liberty and End Warrantless Surveillance Act of 2026 do?

This section amends title 18, United States Code, section 2703. It defines 'covered customer or subscriber record,' 'illegitimately obtained information,' and 'third party' based on section 2702(e). Governmental entities generally cannot require a third party to disclose covered records or illegitimately obtained information unless they obtain a court order. The court order requirement for third parties mirrors the requirements for providers of remote computing or electronic communication services. A court issuing an order requiring disclosure must apply the most stringent standard under federal statute or the Constitution.

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Protect Liberty and End Warrantless Surveillance Act of 2026

Last updated: 3/5/2026 · Introduced: 3/5/2026

Author: Andy Biggs (R-AZ)

TL;DR (AI)

This bill restricts government access to commercially available information and data held by third parties, including data brokers, by prohibiting exchanges of value for records and requiring court orders for disclosure.
It limits warrantless queries of U.S. citizens' communications acquired under the Foreign Intelligence Surveillance Act (FISA), establishing exceptions for emergency situations and requiring annual compliance reports.
The bill expands the authority of amici curiae—independent experts—in FISA court proceedings, granting them increased access to information and the ability to challenge court decisions.
It places new limitations on directives issued to electronic communication service providers under FISA, requiring FISC review and congressional notification, though these provisions are set to expire in 2026.
The bill clarifies and expands protections for intermediary service providers and online service providers, limiting their disclosure of communications and related information to governmental entities.

119th Congressin committeeHR. 8035(In Committee)Official page

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Other Sections

Includes provisions on preamble, amendments to the foreign intelligence surveillance act of, and 5 more.

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TITLE II

-PROTECTION OF RECORDS HELD BY DATA BROKERS

7 sections

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