H.R. 7816

[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>