Fourth Amendment Restoration and Protection Act of 2026

Key Points

• The bill bans federal officers and the FISA court from ordering electronic surveillance, physical searches, phone or internet tracking, or record production targeting people in the United States.
• It bars using anything collected under FISA against a US person in a criminal, civil, or administrative case, closing off a path agencies have used to bring intelligence-derived evidence into ordinary court proceedings.
• Agents would no longer be allowed to search the huge Section 702 foreign intelligence database using an American's name, email, or other identifying search terms.
• The same restrictions are extended to intelligence gathered under Executive Order 12333, requiring normal criminal warrant procedures whenever a US person is the target.
• People who were themselves spied on are still allowed to use that information in their own lawsuits or defense, even though the government cannot use it against them.
• The bill explicitly preserves existing Supreme Court exceptions to the warrant requirement, such as emergency situations, so it does not change constitutional law beyond FISA and EO 12333.