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HR 8470

Surveillance Accountability Act

119th Congress Introduced by Lauren Boebert and 1 co-sponsor

The bill requires warrants based on probable cause for most searches, especially accessing third-party data, and creates a private civil action for Fourth Amendment violations.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 8470

Summary of HR 8470 – Surveillance Accountability Act (116th/119th Congress)

Note: This summary reflects the text and provisions as introduced on April 23, 2026.

Purpose and intent

  • The bill seeks to strengthen Fourth Amendment protections by ensuring that searches that significantly invade privacy or security require a warrant based on probable cause.
  • It also creates a civil right of action for violations of Fourth Amendment rights and adds related provisions to codify these standards.

Key provisions

1) Warrant requirement for searches (new § 3119, added to Chapter 205 of Title 18)

  • General rule: With few exceptions, no government-initiated search may be conducted without a warrant issued by a neutral and detached magistrate, based on probable cause, sworn under oath, and with a particular description of the place to be searched and items to be seized.
  • Third-party data:
    • There is a presumptive privacy interest in data held by third parties (financial services providers, telecoms, ISPs, cloud storage, data brokers).
    • Accessing third-party data requires a valid warrant, regardless of consent or cooperation from the third party.
    • Any contractual waiver of warrant requirements by a user and a third party is invalid unless the waiver is known, voluntary, and explicit.
  • Exceptions (without a warrant):
    • Plain-view searches.
    • Verification of government-issued primary photo IDs during stops or interactions (e.g., state ID, driver’s license, passport, military ID, permanent resident card).
    • Information lawfully published or voluntarily available to the public without circumventing privacy settings or encryption.
    • Data collection from publicly available sources that do not require special access or tools.
    • Searches conducted with consent.
    • Searches conducted under exigent circumstances.
  • Limitations on exceptions:
    • Exceptions do not authorize warrantless collection, retention, querying, or analysis of data exposed to public view or accessible to a third party if the data subject did not provide informed, voluntary consent (e.g., biometric data from facial recognition, license plate data from automatic license plate readers).
  • Definitions:
    • “Search” includes investigatory acts aimed at obtaining information not publicly available, government surveillance and monitoring of a specific individual or entity, and collection/analysis of data about a person’s digital or physical life (geolocation, communications, online behavior, financial transactions, etc.).
    • “Plain-view searches” are limited to observations made while lawfully present, with incriminating nature immediately apparent, and not involving enhanced surveillance tech or systematic monitoring.

2) Legislative text housekeeping

  • Adds § 3119 to Chapter 205, Title 18, establishing the warrant requirement and related provisions.
  • Updates the table of sections to reflect the new § 3119.

3) Right of action for violations of Fourth Amendment rights (new § 1979A, added to the Revised Statutes)

  • General rule: Any person who, under color of federal statute, ordinance, regulation, custom, or usage, deprives a United States citizen or any person within U.S. jurisdiction of Fourth Amendment rights may be liable for civil redress (action at law, suit in equity, or other proper proceeding).
  • Attorneys’ fees: The court may, in its discretion, award reasonable attorney’s fees to the prevailing party (excluding the United States).
  • Federal employee definition: Clarifies that “Federal employee” excludes the President and Vice President, and refers to individuals in executive branch agencies or instrumentalities.
  • Rule of construction: The provision does not authorize a federal employee to sue their employer or the federal government for conduct within the scope of employment.
  • Severability: If any provision is unconstitutional, the rest of the act remains in effect.

Who/what would be affected

  • Government agencies and their investigators would be subject to stricter search warrants, especially regarding access to data held by third parties.
  • Third-party data holders (banks, telecoms, ISPs, cloud services, data brokers) would be protected from warrantless access to user data.
  • Private individuals would have a new civil right of action for Fourth Amendment violations, potentially allowing lawsuits against government actors acting under color of federal/state statutes, regulations, or customs.
  • Federal employees are potential defendants in such actions, with the statute clarifying limitations on suits against the federal employer.

Procedural and timeline aspects

  • The bill was introduced April 23, 2026, and referred to the House Committee on the Judiciary.
  • If enacted, amendments would take effect as specified by the act (text does not specify a delayed effective date; would typically require later implementing regulations or transition provisions).

Potential impacts to monitor

  • Clarification and expansion of warrant requirements could affect ongoing and future investigations involving data held by third parties and surveillance technologies.
  • The new private right of action could influence litigation strategies and accountability for Fourth Amendment violations.
  • Operational implications for law enforcement agencies in terms of maintaining admissible evidence and compliance with probable-cause standards.
  • Data privacy implications for individuals, with stronger protections for personal data held by third parties.

Compiled from official sources — confirm details with the bill’s official record.

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