H.R. 8470

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8470 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8470

To amend title 18, United States Code, to ensure that all searches that 
significantly impinge on the privacy or security of a person require a 
warrant based on probable cause, to provide a right of action for 
violations of Fourth Amendment rights, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 23, 2026

Mr. Massie (for himself and Ms. Boebert) introduced the following bill; 
which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to ensure that all searches that 
significantly impinge on the privacy or security of a person require a 
warrant based on probable cause, to provide a right of action for 
violations of Fourth Amendment rights, 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.

This Act may be cited as the ``Surveillance Accountability Act''.

SEC. 2. WARRANT REQUIREMENT FOR SEARCHES.

(a) In General.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3119. Searches to accord with the Fourth Amendment
``(a) Warrant Requirement.--
``(1) In general.--Except as provided in subsection (b), no 
search may be conducted without a warrant issued by a neutral 
and detached magistrate upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be 
searched and the persons or things to be seized.
``(2) Third-party data.--
``(A) Presumption of privacy.--The government shall 
not access any data, metadata, or personal information 
held by a third party, including financial services 
providers, telecommunication service providers, 
internet service providers, cloud storage companies, or 
data brokers, without a valid warrant, regardless of 
whether the third party consents or cooperates.
``(B) Exception invalidated.--No contractual 
agreement between a user and a third party may be 
interpreted as waiving the government's warrant 
requirement for access to the data of that user, unless 
such waiver is knowing, voluntary, and explicit.
``(b) Exceptions.--The following may be conducted without a 
warrant:
``(1) Plain-view searches.
``(2) The verification of government-issued primary photo 
identification documents during a stop of a motor vehicle, 
travel, or other interactions with law enforcement, including 
the verification of--
``(A) a State identification card;
``(B) a driver's license;
``(C) a passport;
``(D) a passport card;
``(E) a military identification; or
``(F) a permanent resident card.
``(3) The collection or analysis of information that is 
lawfully published or voluntarily made available by a person or 
entity to a public audience, and which requires no 
circumvention of privacy settings, encryption, or other access 
controls.
``(4) The use of lawful investigative techniques to collect 
data from publicly available sources such as new outlets, 
official government publications, public records, or user-
posted content that is clearly accessible to the general public 
without special access or tools.
``(5) Searches conducted with consent.
``(6) Searched conducted under exigent circumstances.
``(c) Limitations.--The exceptions described in subsection (b) 
shall not be construed to permit the warrantless collection, retention, 
querying, or analysis of data exposed to public view or accessible to a 
third party if the person associated with the collected identifiers did 
not express informed and voluntary consent to such collection with 
respect to data gathered by entering a public place, operating a motor 
vehicle on a public roadway, or patronizing a private establishment 
open to the public, including--
``(1) biometric data, including facial images, faceprints, 
gait, voice recognition, or other unique physical identifiers, 
obtained through facial recognition systems or comparable 
surveillance technologies; or
``(2) license plate images, vehicle metadata, or vehicle 
movement patterns obtained through automated license plate 
readers or similar systems.
``(d) Definitons.--In this section:
``(1) Search.--The term `search' means any government-
initiated act that intrudes upon an individual's reasonable 
expectation of privacy, including the following:
``(A) Investigatory acts.--Any investigatory act 
purposefully directed at a specific person or entity, 
or the property of a specific person or entity, with 
the intent of obtaining information not otherwise 
available to the public.
``(B) Government surveillance and monitoring.--Any 
non-consensual surveillance, monitoring, or inquiry 
conducted by a government entity or its agents, whether 
through human, digital, or automated means, that 
collects information on a specific individual or 
entity, including information on that individual or 
entity's--
``(i) communications;
``(ii) associations;
``(iii) employment;
``(iv) social media usage;
``(v) internet usage;
``(vi) financial transactions; or
``(vii) travel.
``(C) Collection of personal data.--The acquisition 
and analysis of any data, metadata, or information 
pertaining to a person's digital or physical life, 
including--
``(i) geolocation;
``(ii) communication records;
``(iii) personal device activity;
``(iv) assets;
``(v) liabilities;
``(vi) biometric identifiers;
``(vii) behavioral signals data; or
``(viii) financial transactions.
``(2) Plain-view searches defined.--In this section, the 
term `plain-view searches' means the observation or seizure of 
evidence by a law enforcement officer who is lawfully present 
at a location, where the incriminating nature of the evidence 
is immediately apparent, and where such observation is 
incidental to the officer's lawful presence and does not 
involve the use of enhanced surveillance technology or 
systematic monitoring.
``(e) Rule of Construction.--Nothing in this section shall be 
construed to--
``(1) modify, supersede, or limit any existing 
constitutional protection, or to authorize surveillance that 
would otherwise be unlawful;
``(2) eliminate or restrict constitutionally recognized 
exceptions permitting brief investigatory detentions or 
protective frisks based on reasonable suspicion; or
``(3) eliminate or restrict the authority of law 
enforcement officers to conduct brief investigatory detentions, 
protective frisks, arrests, or searches incident to ordinary 
criminal law enforcement encounters.''.
(b) Clerical Amendment.--The table of sections for chapter 205 of 
title 18, United States Code, amended by adding at the end the 
following:

``3119. Searches to accord with the Fourth Amendment.''.

SEC. 3. RIGHT OF ACTION FOR VIOLATIONS OF FOURTH AMENDMENT RIGHTS.

(a) In General.--The Revised Statutes are amended by inserting 
after section 1979 the following:

``SEC. 1979A. DEPRIVATION OF FOURTH AMENDMENT RIGHTS.

``(a) In General.--Every person, including a Federal employee, who, 
under color of any statute, ordinance, regulation, custom, or usage, of 
the United States, subjects, or causes to be subjected, any citizen of 
the United States or any person within the jurisdiction thereof to the 
deprivation of any rights, privileges, or immunities secured by the 
Fourth Amendment, shall be liable to the party injured in an action at 
law, suit in equity, or other proper proceeding for redress.
``(b) Attorney's Fees.--In any action, suit, or proceeding to 
enforce this Act, the court, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable attorney's 
fee as part of the costs.
``(c) Federal Employee Defined.--In this section, the term `Federal 
employee' means an individual other than the President or the Vice 
President, who occupies a position in any agency or instrumentality of 
the executive branch (including any independent agency).
``(d) Rule of Construction.--Nothing in this section shall be 
construed to authorize a Federal employee to bring a suit against their 
Federal employer or the Federal Government for conduct that is within 
the scope of the employment relationship.''.
(b) Severability.--If any provision of this Act or the application 
of such provision to any person or circumstance is held to be 
unconstitutional, the remainder of this Act, and the application of 
this Act, to any other person or circumstance, shall not be affected 
thereby.
<all>