Legis Daily

Fourth Amendment Is Not For Sale Act

USA118th CongressHR-4639| House 
| Updated: 4/18/2024
Warren Davidson

Warren Davidson

Republican Representative

Ohio

Cosponsors (7)
Ken Buck (Republican)Andy Biggs (Republican)Thomas Massie (Republican)Sara Jacobs (Democratic)Jerrold Nadler (Democratic)Pramila Jayapal (Democratic)Zoe Lofgren (Democratic)

Judiciary Committee, Intelligence (Permanent Select) Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Fourth Amendment Is Not For Sale Act 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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-2738
Fourth Amendment Is Not For Sale Act
Jul 14, 2023
Introduced in House
Jul 14, 2023
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.
Jul 19, 2023
Committee Consideration and Mark-up Session Held
Jul 19, 2023
Ordered to be Reported by the Yeas and Nays: 30 - 0.
Jul 27, 2023

Latest Companion Bill Action

S 118-2576
Introduced in Senate
Apr 15, 2024
Placed on the Union Calendar, Calendar No. 381.
Apr 15, 2024
Committee on Intelligence (Permanent) discharged.
Apr 15, 2024
Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
Apr 16, 2024
Rules 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
Rule H. Res. 1149 passed House.
Apr 17, 2024
Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)
Apr 17, 2024
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 17, 2024
House 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
The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.
Apr 17, 2024
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.
Apr 17, 2024
DEBATE - 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
DEBATE - 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
DEBATE - 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
POSTPONED 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
Mr. Davidson moved that the committee rise.
Apr 17, 2024
On motion that the committee rise Agreed to by voice vote.
Apr 17, 2024
Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.
Apr 17, 2024
Considered as unfinished business. (consideration: CR H2480-2481)
Apr 17, 2024
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Apr 17, 2024
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.
Apr 17, 2024
The previous question was ordered pursuant to the rule.
Apr 17, 2024
The 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
On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
View Vote
Apr 17, 2024
Motion to reconsider laid on the table Agreed to without objection.
Apr 18, 2024
Received in the Senate.
  • Bill from Previous Congress

    HR 117-2738
    Fourth Amendment Is Not For Sale Act


  • July 14, 2023
    Introduced in House


  • July 14, 2023
    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.


  • July 19, 2023
    Committee Consideration and Mark-up Session Held


  • July 19, 2023
    Ordered to be Reported by the Yeas and Nays: 30 - 0.


  • July 27, 2023

    Latest Companion Bill Action

    S 118-2576
    Introduced in Senate


  • April 15, 2024
    Placed on the Union Calendar, Calendar No. 381.


  • April 15, 2024
    Committee on Intelligence (Permanent) discharged.


  • April 15, 2024
    Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.


  • April 16, 2024
    Rules 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.


  • April 16, 2024
    Rule H. Res. 1149 passed House.


  • April 17, 2024
    Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)


  • April 17, 2024
    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.


  • April 17, 2024
    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.


  • April 17, 2024
    The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.


  • April 17, 2024
    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    POSTPONED 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.


  • April 17, 2024
    Mr. Davidson moved that the committee rise.


  • April 17, 2024
    On motion that the committee rise Agreed to by voice vote.


  • April 17, 2024
    Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.


  • April 17, 2024
    Considered as unfinished business. (consideration: CR H2480-2481)


  • April 17, 2024
    The House resolved into Committee of the Whole House on the state of the Union for further consideration.


  • April 17, 2024
    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.


  • April 17, 2024
    The previous question was ordered pursuant to the rule.


  • April 17, 2024
    The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.


  • April 17, 2024
    On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
    View Vote


  • April 17, 2024
    Motion to reconsider laid on the table Agreed to without objection.


  • April 18, 2024
    Received in the Senate.

Crime and Law Enforcement

Related Bills

  • HR 118-6570: Protect Liberty and End Warrantless Surveillance Act of 2023
  • S 118-2576: Fourth Amendment Is Not For Sale Act
  • HRES 118-1149: 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.
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

Fourth Amendment Is Not For Sale Act

USA118th CongressHR-4639| House 
| Updated: 4/18/2024
Fourth Amendment Is Not For Sale Act 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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-2738
Fourth Amendment Is Not For Sale Act
Jul 14, 2023
Introduced in House
Jul 14, 2023
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.
Jul 19, 2023
Committee Consideration and Mark-up Session Held
Jul 19, 2023
Ordered to be Reported by the Yeas and Nays: 30 - 0.
Jul 27, 2023

Latest Companion Bill Action

S 118-2576
Introduced in Senate
Apr 15, 2024
Placed on the Union Calendar, Calendar No. 381.
Apr 15, 2024
Committee on Intelligence (Permanent) discharged.
Apr 15, 2024
Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
Apr 16, 2024
Rules 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
Rule H. Res. 1149 passed House.
Apr 17, 2024
Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)
Apr 17, 2024
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 17, 2024
House 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
The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.
Apr 17, 2024
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.
Apr 17, 2024
DEBATE - 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
DEBATE - 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
DEBATE - 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
POSTPONED 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
Mr. Davidson moved that the committee rise.
Apr 17, 2024
On motion that the committee rise Agreed to by voice vote.
Apr 17, 2024
Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.
Apr 17, 2024
Considered as unfinished business. (consideration: CR H2480-2481)
Apr 17, 2024
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Apr 17, 2024
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.
Apr 17, 2024
The previous question was ordered pursuant to the rule.
Apr 17, 2024
The 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
On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
View Vote
Apr 17, 2024
Motion to reconsider laid on the table Agreed to without objection.
Apr 18, 2024
Received in the Senate.
  • Bill from Previous Congress

    HR 117-2738
    Fourth Amendment Is Not For Sale Act


  • July 14, 2023
    Introduced in House


  • July 14, 2023
    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.


  • July 19, 2023
    Committee Consideration and Mark-up Session Held


  • July 19, 2023
    Ordered to be Reported by the Yeas and Nays: 30 - 0.


  • July 27, 2023

    Latest Companion Bill Action

    S 118-2576
    Introduced in Senate


  • April 15, 2024
    Placed on the Union Calendar, Calendar No. 381.


  • April 15, 2024
    Committee on Intelligence (Permanent) discharged.


  • April 15, 2024
    Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.


  • April 16, 2024
    Rules 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.


  • April 16, 2024
    Rule H. Res. 1149 passed House.


  • April 17, 2024
    Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)


  • April 17, 2024
    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.


  • April 17, 2024
    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.


  • April 17, 2024
    The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.


  • April 17, 2024
    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    DEBATE - 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.


  • April 17, 2024
    POSTPONED 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.


  • April 17, 2024
    Mr. Davidson moved that the committee rise.


  • April 17, 2024
    On motion that the committee rise Agreed to by voice vote.


  • April 17, 2024
    Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.


  • April 17, 2024
    Considered as unfinished business. (consideration: CR H2480-2481)


  • April 17, 2024
    The House resolved into Committee of the Whole House on the state of the Union for further consideration.


  • April 17, 2024
    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.


  • April 17, 2024
    The previous question was ordered pursuant to the rule.


  • April 17, 2024
    The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.


  • April 17, 2024
    On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
    View Vote


  • April 17, 2024
    Motion to reconsider laid on the table Agreed to without objection.


  • April 18, 2024
    Received in the Senate.
Warren Davidson

Warren Davidson

Republican Representative

Ohio

Cosponsors (7)
Ken Buck (Republican)Andy Biggs (Republican)Thomas Massie (Republican)Sara Jacobs (Democratic)Jerrold Nadler (Democratic)Pramila Jayapal (Democratic)Zoe Lofgren (Democratic)

Judiciary Committee, Intelligence (Permanent Select) Committee

Crime and Law Enforcement

Related Bills

  • HR 118-6570: Protect Liberty and End Warrantless Surveillance Act of 2023
  • S 118-2576: Fourth Amendment Is Not For Sale Act
  • HRES 118-1149: 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.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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