Protect Liberty and End Warrantless Surveillance Act of 2026
- Bill Number
- H.R. 7816
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-03-05: 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.
- Last Updated
- 2026-04-21T14:35:06Z
AI-Generated Summary
Summary of H.R. 7816: Protect Liberty and End Warrantless Surveillance Act of 2026
Purpose
This bill aims to reform the Foreign Intelligence Surveillance Act (FISA) of 1978, particularly Section 702, by prohibiting warrantless searches of Americans' communications in intelligence databases. It also prevents law enforcement and intelligence agencies from purchasing certain personal data from data brokers (companies that collect and sell user information) without a court order, enhancing privacy protections for U.S. persons.
Key Provisions
Title I: FISA Reform
- Prohibition on Warrantless Queries (Sec. 101): Bans U.S. government officers from searching (or "querying") Section 702 collections for communications or information about U.S. persons without a warrant, except in limited cases like court orders, emergencies (imminent threats), consent, or specific cybersecurity defenses. Defines "query" as any technique to retrieve data and "covered query" as one targeting U.S. persons. Prohibits using metadata query results to access content; applies to mixed datasets.
- Sunset of Provider Definition Changes (Sec. 102): Ends expanded definitions of "electronic communication service provider" (e.g., excluding some data-related entities) on December 31, 2026.
- Limits on Directives to Certain Providers (Sec. 103): Restricts FISA directives to specific types of electronic communication service providers (e.g., those involved in recent court opinions); requires declassification review, FISA Court notification/review, and congressional reporting. Sunsets on December 31, 2026.
- Expanded Use of Amici Curiae (Sec. 104): Requires FISA Court to appoint "friends of the court" (independent experts, including privacy specialists) in more cases (e.g., novel legal issues, First Amendment concerns, sensitive matters like politicians or media); grants them broader access to documents, authority to raise issues, and ability to seek higher court review.
- Extension of Authorities (Sec. 105): Extends Section 702 and related FISA Title VII powers until April 20, 2028.
Title II: Protection of Records Held by Data Brokers ("Fourth Amendment Is Not For Sale Act")
- Ban on Purchasing Data (Sec. 202): Prohibits law enforcement and intelligence agencies from buying "covered customer or subscriber records" (e.g., content, location data about U.S. persons) or "illegitimately obtained information" from third parties (data brokers). Bans sharing such data between agencies; evidence from violations cannot be used in court.
- Required Court Orders (Sec. 203): Third parties cannot be forced to disclose such records without a court order under the strictest legal standards (e.g., probable cause warrant if required for similar provider data).
- Intermediary Providers (Sec. 204): Defines and prohibits "intermediary service providers" (e.g., those handling communications for tech companies) from sharing subscriber data with government.
- Online Service Protections (Sec. 205): Expands definitions and disclosure rules to "online service providers" (broadly including internet access services).
- Exclusive FISA Means (Sec. 206): FISA is the only legal pathway for foreign intelligence collection of U.S. persons' communications records, location data, browsing history, search history, or warrant-requiring information from U.S.-based entities.
- Limited Immunity (Sec. 207): Restricts legal protections for companies assisting government surveillance without a court order, limiting them to emergencies (up to 48 hours).
Significant Changes to Existing Law
- FISA Section 702: Introduces a warrant requirement for U.S. person queries (previously allowed without); narrows exceptions and adds reporting/oversight.
- 18 U.S.C. Chapters (Stored Communications Act): New bans on buying data from brokers; elevates third-party data to warrant-level protection; makes FISA exclusive for certain intel activities.
- Sunsets: Temporary reversals of prior expansions to provider definitions and directive authorities (end 2026).
- Oversight Enhancements: Mandatory amici in more FISA Court cases; required notifications to courts/Congress.
Potential Impacts
- Government Agencies: Increases barriers to surveillance (e.g., more warrants, court reviews), potentially slowing intelligence gathering; requires new minimization procedures and reporting, raising administrative costs for NSA, FBI, and others.
- Citizens: Stronger privacy for U.S. persons' data/emails/location from warrantless "backdoor" searches and data broker sales; limits use of purchased data in courts.
- International Relations: May reduce U.S. ability to collect foreign intelligence incidentally involving Americans, affecting counterterrorism; no direct foreign impacts but could influence global data privacy norms.
- Data Brokers/Tech Companies: Curbs government as a customer; imposes disclosure rules and limits on assistance without orders.
Main Stakeholders Affected
- U.S. Citizens and Residents: Primary beneficiaries via enhanced privacy protections.
- Intelligence/Law Enforcement Agencies (e.g., NSA, FBI, CIA): Restricted access to data.
- Data Brokers and Third Parties: Prohibited from selling to government without warrants.
- Tech/Communication Providers: New limits on directives, expanded oversight, immunity curbs.
- Congressional Committees (Intelligence, Judiciary): Increased reporting/oversight roles.
- FISA Courts: More reviews, mandatory amici appointments.
Notable Legal, Constitutional, or Political Implications
- Constitutional: Bolsters Fourth Amendment protections against unreasonable searches by requiring warrants for U.S. person queries and data purchases; aligns with court rulings on privacy (e.g., recent FISA opinions); First Amendment safeguards via expanded amici for sensitive matters.
- Legal: "Exclusive means" clauses could preempt other statutes, leading to challenges; evidence suppression for violations strengthens deterrence; sunsets create uncertainty post-2026/2028.
- Political: Balances national security with civil liberties; sponsored by privacy-focused Republicans; may spark debates on efficacy vs. risks, influencing reauthorization fights.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. Crane, Elijah [R-AZ-2], Rep. Clyde, Andrew S. [R-GA-9], Rep. Higgins, Clay [R-LA-3], Rep. Self, Keith [R-TX-3], Rep. Harris, Mark [R-NC-8], Rep. Gosar, Paul A. [R-AZ-9], Rep. Perry, Scott [R-PA-10]
Recent Actions
- 2026-03-05: 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.
- 2026-03-05: 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.
- 2026-03-05: Introduced in House
- 2026-03-05: Introduced in House
Bill Versions
- Protect Liberty and End Warrantless Surveillance Act of 2026 — issued 2026-03-05 — PDF (53 pages)