Fourth Amendment Is Not For Sale Act
Where it stands
- Introduced7/14/23
- Passed HousePassed 4/17/24
- Senate
- President
- Law
Passed the House 219–199 on April 17, 2024 (Roll Call 136 →). Received in the Senate on April 18, 2024. No Senate action since.
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Roll calls on this bill
- Democratic96 Yea · 109 Nay · 1 Present · 7 Not voting
- Republican123 Yea · 90 Nay · 0 Present · 5 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Present · 0 Not voting
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.
7
7/14/23
What happens next
The Senate must pass the same text, then it goes to the President.
If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.
All actions (30)
- 7/14/23Introduced in House
- 7/14/23Referred 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.
- 7/19/23Ordered to be Reported by the Yeas and Nays: 30 - 0.
- 7/19/23Committee Consideration and Mark-up Session Held
- 4/15/24Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
- 4/15/24Committee on Intelligence (Permanent) discharged.
- 4/15/24Placed on the Union Calendar, Calendar No. 381.
- 4/16/24Rules 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.
- 4/16/24Rule H. Res. 1149 passed House.
- 4/17/24Considered under the provisions of rule H. Res. 1149. (consideration: CR H2459-2468; text: CR H2463-2465)
- 4/17/24Rule 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.
- 4/17/24House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.
- 4/17/24The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.
- 4/17/24GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.
- 4/17/24DEBATE - 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.
- 4/17/24DEBATE - 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.
- 4/17/24DEBATE - 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.
- 4/17/24POSTPONED 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.
- 4/17/24Mr. Davidson moved that the committee rise.
- 4/17/24On motion that the committee rise Agreed to by voice vote.
- 4/17/24Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.
- 4/17/24Considered as unfinished business. (consideration: CR H2480-2481)
- 4/17/24The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- 4/17/24The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.
- 4/17/24The previous question was ordered pursuant to the rule.
- 4/17/24The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
- 4/17/24Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
- 4/17/24On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
- 4/17/24Motion to reconsider laid on the table Agreed to without objection.
- 4/18/24Received in the Senate.