H.R. 8470 — Surveillance Accountability Act

This section establishes a statutory warrant requirement for government searches—defined broadly to include investigatory acts, surveillance, monitoring, and collection of personal data such as geolocation, biometrics, communications, financial transactions, and internet usage—by adding new section 3119 to chapter 205 of title 18, United States Code. It generally requires a warrant issued by a neutral magistrate upon probable cause for any search and prohibits warrantless government access to data, metadata, or personal information held by third parties (e.g., financial, telecom, internet service providers, cloud storage, data brokers), regardless of third-party consent or user agreements unless waived knowingly, voluntarily, and explicitly. Exceptions permit warrantless plain-view searches (i.e., incidental observation of immediately apparent evidence without enhanced technology), verification of government-issued photo IDs during law enforcement interactions, collection of publicly available information without circumventing privacy controls, lawful techniques using public sources, searches with consent, and exigent circumstances. It limits these exceptions by prohibiting warrantless collection, retention, querying, or analysis of biometric data (e.g., facial recognition, gait, voice) or license plate/vehicle data without informed voluntary consent, even for data gathered in public places, roadways, or open private establishments. A rule of construction clarifies that the section preserves existing constitutional protections and does not restrict brief investigatory detentions, frisks, arrests, or searches incident to criminal encounters based on reasonable suspicion.

This section amends the Revised Statutes to establish a private right of action (modeled on section 1983, which authorizes suits for constitutional violations under color of state law) against any person, including a federal employee other than the President or Vice President, who under color of federal law deprives a U.S. citizen or person within U.S. jurisdiction of Fourth Amendment rights (i.e., protections against unreasonable searches and seizures). It authorizes courts to award reasonable attorney's fees to prevailing parties other than the United States and clarifies that federal employees may not use this provision to sue their federal employer or the federal government for conduct within the scope of employment. This section also includes a severability clause for the Act.