Protect Liberty and End Warrantless Surveillance Act of 2026
Sponsored By: Representative Biggs (AZ)
Introduced
Summary
Curtails warrantless mass queries of Americans' communications under Section 702 of the Foreign Intelligence Surveillance Act (FISA). This bill would restrict when agencies can query U.S. person data, tighten rules for directives to electronic communication service providers (ECSPs), expand court-appointed privacy counsel, and ban agencies from buying certain third-party records for payment.
Show full summary
- Families and individuals: Makes it harder for agencies to retrieve Americans' communications without a warrant. Location data, web browsing history, and internet search history are placed under FISA's exclusive procedures.
- Technology companies and intermediaries: Expands the definition of "online service provider" and limits what intermediary service providers may disclose. It bars law enforcement and intelligence agencies from obtaining covered customer records or illegitimately obtained information in exchange for anything of value and rolls back certain ECSP definition changes by December 31, 2026 while extending Title VII repeal rules to April 20, 2028.
- Courts and privacy advocates: Requires the Foreign Intelligence Surveillance Court (FISC) to appoint amici curiae with privacy expertise and gives them access to classified materials. The Director of National Intelligence and the Attorney General must complete a declassification review of specified FISC opinions within 180 days.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Limits on government searches for U.S. persons
If enacted, this bill would ban most government searches of Section 702 data to retrieve communications or information about U.S. persons. It would allow only narrow exceptions, such as court orders, imminent-emergency queries, case-by-case consent, and tightly limited defensive cybersecurity checks. The court and Congress would get reports within 90 days for some exception uses, and the Attorney General would have to give annual compliance assessments for emergency queries. The bill would also make FISA procedures the exclusive legal path to get certain data for foreign-intelligence purposes, including location, web browsing, and search history.
Stronger protections for online data and providers
If enacted, this bill would redefine online service providers to include many types of services, including library and school systems. It would stop the government from forcing third parties to hand over covered customer or subscriber records unless a court issues an order using the strictest applicable federal or constitutional standard. The bill would also ban law enforcement and intelligence agencies from obtaining covered records or illegitimately obtained information from third parties in exchange for anything of value. Intermediary providers would be barred from knowingly revealing stored message contents or giving subscriber records to the government, and immunity for emergency assistance to the government would be limited and end no later than 48 hours unless a court order allows more.
Delay repeal of certain surveillance powers
If enacted, this bill would push back the repeal date for Title VII authorities to April 20, 2028. The amendments would take effect on the earlier of the date of enactment or April 20, 2026. The bill would also update transition cross-references to reflect the changed repeal date.
More oversight in secret surveillance courts
If enacted, this bill would require the Foreign Intelligence Surveillance Court to appoint one or more outside amici curiae in cases that raise novel or important privacy, First Amendment, or civil liberties issues. At least one appointee should have privacy and civil‑liberties expertise unless the court finds that inappropriate. Those amici could access filings, relevant decisions, and eligible classified materials, and could ask the court to certify legal questions to higher review. These changes would apply to proceedings on or after the date of enactment and pending matters.
Sponsors & CoSponsors
Sponsor
Biggs (AZ)
AZ • R
Cosponsors
Crane
AZ • R
Sponsored 3/5/2026
Clyde
GA • R
Sponsored 3/5/2026
Higgins (LA)
LA • R
Sponsored 3/12/2026
Self
TX • R
Sponsored 3/12/2026
Harris (NC)
NC • R
Sponsored 3/25/2026
Roll Call Votes
No roll call votes available for this bill.
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