Fourth Amendment Is Not For Sale Act
This bill prohibits law enforcement and intelligence agencies from purchasing or obtaining certain personal records from data brokers or other third parties. It defines "covered records" as information about people in the US (including location data, communication contents, and online activity), requiring government agencies to follow FISA procedures to obtain such information. The bill also prohibits using illegally obtained records as evidence in court and limits how agencies can share such information. It directly affects data brokers who sell personal information and government agencies that seek to obtain personal data, strengthening privacy protections for US persons by requiring specific legal procedures.
Bill status
passed
3 of 5 stages cleared
Introduction
Jul 2023
Committee Review
Apr 2024
House Passage
Apr 2024
Senate Passage
President
Introduced Jul 14, 2023
Last action Apr 18, 2024
Maddy AI version diff · 1 comparison
What changed between versions
Introduced in House
→
Engrossed in House
·
4 edits
·
Apr 17, 2024
MODERATE
The engrossed version of HR 4639 adds four exclusions from the definition of 'covered record' (publicly available social media posts, government records, consent-based background checks, and ALPR data), defines automated license plate recognition systems, and adds FISA Section 702 to the list of exclusive means for foreign intelligence collection of location data, web browsing history, and Fourth Amendment-protected information. These changes narrow the bill's privacy protections in some areas while expanding the scope of FISA oversight in others.
DEFINITION
The definition of 'covered record' now excludes four categories: (1) information voluntarily made public on social media or similar platforms, (2) information lawfully available as government records or through widely distributed media, (3) information obtained by law enforcement for background checks with the person's written consent that is used only for that purpose and destroyed when no longer needed, and (4) data generated by public or private automated license plate recognition (ALPR) systems.
A new definition is added for 'automated license plate recognition system or ALPR system,' defined as a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data.
SCOPE
Sections 5(c)(2) and 5(d) now include FISA Section 702 (50 U.S.C. 1881a) in the list of provisions that are the exclusive means for acquiring location information, web browsing history, internet search history, and Fourth Amendment-protected information for foreign intelligence purposes. This brings the controversial Section 702 bulk collection authority under the bill's exclusivity requirement.
TECHNICAL
Extensive formatting changes throughout the bill add blank lines between paragraphs and restructure some provisions into multi-line format, with no substantive policy effect.
Floor votes · House Apr 17, 2024
How they voted
219–199
Passed · 13 other
Total votes 431
Apr 17, 2024
D
Democratic213
51% Nay
I
Independent1
100% Nay
R
Republican217
56% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
19
Committee
17
Amendments
1
Apr 17, 2024
Lower · Passed
On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
lower
Apr 17, 2024
Lower · Passed
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 199, 1 Present (Roll no. 136).
lower
Apr 17, 2024
Lower · Passed
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
lower
Apr 17, 2024
Lower · Passed
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4639.
lower
Apr 17, 2024
Lower · Passed
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
lower
Apr 17, 2024
Lower · Passed
Committee of the Whole House on the state of the Union rises leaving H.R. 4639 as unfinished business.
lower
Apr 17, 2024
Lower · Passed
On motion that the committee rise Agreed to by voice vote.
lower
Apr 17, 2024
Lower · Passed
Mr. Davidson moved that the committee rise.
lower
Apr 17, 2024
Introduced
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.
lower
Apr 17, 2024
Lower · Passed
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.
lower
Apr 17, 2024
Lower · Passed
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.
lower
Apr 17, 2024
Lower · Passed
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.
lower
Apr 17, 2024
Lower · Passed
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4639.
lower
Apr 17, 2024
Lower · Passed
The Speaker designated the Honorable Jerry L. Carl to act as Chairman of the Committee.
lower
Apr 17, 2024
Lower · Passed
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1149 and Rule XVIII.
lower
Apr 16, 2024
Lower · Passed
Rule H. Res. 1149 passed House.
lower
Apr 16, 2024
Lower · Passed
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.
lower
Apr 15, 2024
Lower · Passed
Committee on Intelligence (Permanent) discharged.
lower
Apr 15, 2024
Lower · Passed
Reported by the Committee on Judiciary. H. Rept. 118-459, Part I.
lower
Jul 19, 2023
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
Jul 14, 2023
Committee
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.
lower
Jul 14, 2023
Introduced
Introduced in House
lower
1 primary · 7 co-sponsors
Sponsors
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