What does Preamble of Surveillance Accountability Act do?

This bill proposes to amend Title 18, United States Code. The proposed amendment aims to require a warrant based on probable cause for searches that significantly impinge on a person's privacy or security. The bill also intends to provide a right of action for violations of Fourth Amendment rights.

What does SHORT TITLE. of Surveillance Accountability Act do?

This bill is formally titled the Surveillance Accountability Act.

What does WARRANT REQUIREMENT FOR SEARCHES. of Surveillance Accountability Act do?

This section amends Chapter 205 of Title 18, United States Code, by adding Section 3119, titled 'Searches to Accord with the Fourth Amendment.' Generally, searches require a warrant issued by a neutral magistrate based on probable cause, particularly describing the place and things to be seized. The government must obtain a warrant to access data held by third parties, regardless of consent, and contractual agreements cannot waive this requirement unless the waiver is knowing, voluntary, and explicit. Certain exceptions to the warrant requirement are outlined, including plain-view searches, verification of government-issued identification, collection of publicly available information, searches with consent, and searches under exigent circumstances. The collection, retention, querying, or analysis of data exposed to public view is limited if the person associated with the data did not express informed and voluntary consent, particularly concerning biometric data and vehicle information. The definition of 'search' includes investigatory acts, government surveillance, and the collection of personal data. The section clarifies that it does not modify existing constitutional protections or limit recognized exceptions for brief detentions or frisks.

What does RIGHT OF ACTION FOR VIOLATIONS OF FOURTH AMENDMENT RIGHTS. of Surveillance Accountability Act do?

This section amends the Revised Statutes by inserting Section 1979A, titled 'Deprivation of Fourth Amendment Rights'. It establishes a right of action for individuals, including federal employees, who, under color of law, deprive citizens or persons within U.S. jurisdiction of Fourth Amendment rights. The court may award reasonable attorney's fees to the prevailing party (other than the United States) in actions to enforce this Act. A 'Federal employee' is defined as an individual, excluding the President and Vice President, in an agency or instrumentality of the executive branch. The Act includes a rule of construction stating that it does not authorize suits against federal employers or the government for conduct within the scope of employment. A severability clause ensures that if any part of the Act is deemed unconstitutional, the rest remains in effect.

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Surveillance Accountability Act

Last updated: 4/23/2026 · Introduced: 4/23/2026

Author: Thomas Massie (R-KY)

TL;DR (AI)

This bill mandates that government searches, including access to data held by third parties, generally require a warrant based on probable cause, regardless of consent or contractual agreements.
It establishes a private right of action, allowing individuals to sue federal employees who violate their Fourth Amendment rights under the color of law.
The bill limits the collection, retention, querying, or analysis of publicly available data, particularly biometric and vehicle information, unless informed and voluntary consent is provided.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

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