Fourth Amendment Is Not For Sale Act
- Introduced Jul 14
- Committee Jul 14
- Passed House Apr 17
- Passed Senate Next
- To President Not yet
- Law Not yet
Where it stands
Passed House, Apr 17, 2024Next: Senate vote
923d ago Apr 18, 2024: Received in the Senate.
Final votes
House 219-199
1 roll call on this bill
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2 companiesCompanies by sector
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Votes
House roll 136
On Passage
R 123-90 D 96-109
219-199
Passed
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Summary
Fourth Amendment Is Not For Sale Act
Full summary8 paragraphs
This bill expands prohibited disclosures of stored electronic communications under the Stored Communications Act.
The Stored Communications Act generally prohibits certain technology providers, remote computing service (RCS) providers and electronic communication service (ECS) providers, from disclosing the contents of stored electronic communications to anyone, including the government; and records or information pertaining to a customer or subscriber to a government entity.
This bill extends the general prohibitions on disclosure to an additional type of technology provider: intermediary service providers. Intermediary service providers (commonly referred to as data brokers) are companies that deliver, store, or process communications for RCS and ECS providers.
The bill also limits the authority of law enforcement agencies and intelligence agencies to access certain customer and subscriber records or illegitimately obtained information. With respect to such records, the bill
- prohibits law enforcement agencies and intelligence agencies from obtaining the records or information from a third party in exchange for anything of value (e.g., purchasing them);
- prohibits other government agencies from sharing the records or information with law enforcement agencies and intelligence agencies; and
- prohibits the use of such records or information in any trial, hearing, or proceeding.
Additionally, the bill requires the government to obtain a court order before aquiring certain customer and subscriber records or any illegitimately obtained information from a third party.
Library of Congress summary, Jul 14, 2023
Summary versions
- Introduced in HouseJul 14, 2023
Actions
- SenateReceived in the Senate.Apr 18, 2024
- HouseMotion to reconsider laid on the table Agreed to without objection.Apr 17, 2024
- HouseOn passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).Apr 17, 2024
- HouseThe House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.Apr 17, 2024
- HouseThe previous question was ordered pursuant to the rule.Apr 17, 2024
- HouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.Apr 17, 2024
- HouseThe House resolved into Committee of the Whole House on the state of the Union for further consideration.Apr 17, 2024
- HouseConsidered as unfinished business. (consideration: CR H2480-2481)Apr 17, 2024
- HouseCommittee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.Apr 17, 2024
- HouseOn motion that the committee rise Agreed to by voice vote.Apr 17, 2024
- HouseMr. Davidson moved that the committee rise.Apr 17, 2024
- HousePOSTPONED PROCEEDINGS - At the conclusion of debate on the LaLota amendment No. 3, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. LaLota demanded a recorded vote, and the Chair postponed further proceedings until a time to be announced.Apr 17, 2024
All actions29
- HouseDEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the LaLota amendment No. 3.Apr 17, 2024
- HouseDEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Higgins (LA) amendment No. 2.Apr 17, 2024
- HouseDEBATE - Pursuant to the provisions of H.Res. 1149, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson amendment No. 1.Apr 17, 2024
- HouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.Apr 17, 2024
- HouseThe Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.Apr 17, 2024
- HouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.Apr 17, 2024
- HouseRule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.Apr 17, 2024
- HouseConsidered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)Apr 17, 2024
- HouseRule H. Res. 1149 passed House.Apr 16, 2024
- HouseRules Committee Resolution H. Res. 1149 Reported to House. Rule provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, H.R. 6046 and H.R. 4639. The resolution provides for consideration of H.R. 6323, H. Res. 1143, H.R. 4691, H.R. 5947, and H.R. 6046 under a closed rule, and for consideration of H.R. 4639 under a structured rule. The resolution provides for one hour of debate on each measure and one motion to recommit on H.R. 6323, H.R. 4691, H.R. 5947, H.R. 6046, and H.R. 4639.Apr 16, 2024
- HouseReported by the Committee on Judiciary. H. Rept. 118-459, Part I.Apr 15, 2024
- HouseCommittee on Intelligence (Permanent) discharged.Apr 15, 2024
- HousePlaced on the Union Calendar, Calendar No. 381.Apr 15, 2024
- HouseOrdered to be Reported by the Yeas and Nays: 30 - 0.Jul 19, 2023
- HouseCommittee Consideration and Mark-up Session HeldJul 19, 2023
- HouseIntroduced in HouseJul 14, 2023
- HouseReferred 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.Jul 14, 2023
Bill record
Text versions4
- Received in SenateApr 18, 2024PDF: Received in Senate
- Engrossed in HouseApr 17, 2024PDF: Engrossed in House
- Reported in HouseApr 15, 2024PDF: Reported in House
- Introduced in HouseJul 14, 2023PDF: Introduced in House
Committees2
- House Intelligence (Permanent Select) CommitteeDischarged From Apr 15, 2024Referred To, Jul 14, 2023
- House Judiciary CommitteeReported By Apr 15, 2024Markup By, Jul 19, 2023Referred To, Jul 14, 2023
Sponsor and cosponsors7 cosponsors
- Rep. Warren Davidson (R-OH-8)Sponsor, Jul 14, 2023
- Andy Biggs (R-AZ-5)OriginalJoined Jul 14, 2023
- JERROLD NADLER (D-NY-12)OriginalJoined Jul 14, 2023
- Ken Buck (R-CO-4)OriginalJoined Jul 14, 2023
- Pramila Jayapal (D-WA-7)OriginalJoined Jul 14, 2023
- Sara Jacobs (D-CA-51)OriginalJoined Jul 14, 2023
- Thomas Massie (R-KY-4)OriginalJoined Jul 14, 2023
- ZOE LOFGREN (D-CA-18)OriginalJoined Jul 14, 2023
Amendments3
- H.Amdt. 885Apr 17, 2024Amendment sought to clarify that section 2 of the bill shall not limit a governmental entity's ability to obtain information that would be obtainable without a warrant.On agreeing to the LaLota amendment (A003) Failed by recorded vote: 176 - 246, 1 Present (Roll no. 135).
- H.Amdt. 884Apr 17, 2024An amendment numbered 2 printed in House Report 118-464 to clarify excluded covered data exceptions for user-generated public content, public records, background checks, and Automatic License Plate Readers (ALPR).On agreeing to the Higgins (LA) amendment (A002) Agreed to by voice vote.
- H.Amdt. 883Apr 17, 2024An amendment numbered 1 printed in House Report 118-464 to add Section 702 to the exclusive means by which the government obtains the location information of U.S. persons or persons inside the United States, web browsing history, Internet search history, or any other data that would require a court order.On agreeing to the Davidson amendment (A001) Agreed to by voice vote.
Cost estimates and reports2
- CBO: H.R. 4639, Fourth Amendment Is Not For Sale ActNov 14, 2023As ordered reported by the House Committee on the Judiciary on July 19, 2023
- H. Rept. 118-459Committee report
Titles2
Short titles
- Fourth Amendment Is Not For Sale ActShort Title(s) as Introduced
Official titles
- To amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes.Official Title as Introduced
Subjects12
Policy area
Legislative subjects
Business recordsCivil actions and liabilityComputers and information technologyConstitution and constitutional amendmentsConsumer affairsCriminal investigation, prosecution, interrogationCriminal procedure and sentencingIntelligence activities, surveillance, classified informationInternet, web applications, social mediaRight of privacyTelephone and wireless communication
Related bills2
- H.R. 6570 118th, Related bill Protect Liberty and End Warrantless Surveillance Act of 2023
- H.Res. 1149 118th, Procedurally related, Procedurally related Providing for consideration of the bill (H.R. 6323) to modify the availability of certain waiver authorities with respect to sanctions imposed with respect to the financial sector of Iran, and for other purposes; providing for consideration of the resolution (H. Res. 1143) condemning Iran's unprecedented drone and missile attack on Israel; providing for consideration of the bill (H.R. 4691) to provide for congressional review of actions to terminate or waive sanctions imposed with respect to Iran; providing for consideration of the bill (H.R. 5947) to provide for the rescission of certain waivers and licenses relating to Iran, and for other purposes; providing for consideration of the bill (H.R. 6046) to designate Ansarallah as a foreign terrorist organization and impose certain sanctions on Ansarallah, and for other purposes; and providing for consideration of the bill (H.R. 4639) to amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes.
Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.