SenateS. 4740119th Congress
A bill to amend the Foreign Intelligence Surveillance Act of 1978 to improve transparency, and for other purposes.
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4740 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4740
To amend the Foreign Intelligence Surveillance Act of 1978 to improve
transparency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2026
Mr. Wyden introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to improve
transparency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PUBLIC RELEASE OF FOREIGN INTELLIGENCE SURVEILLANCE COURT
OPINION RELATED TO SECTION 702 CERTIFICATIONS.
As soon as practicable, but not later than 14 days after the date
of the enactment of this Act, the Director of National Intelligence
shall, in consultation with the Attorney General, publicly release the
Memorandum Opinion and Order of the Foreign Intelligence Surveillance
Court dated March 17, 2026, regarding section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), with such
redactions as may be necessary to protect intelligence sources and
methods.
SEC. 2. REPORTS TO CONGRESS ON SENSITIVE QUERIES.
Section 702(f)(3) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a(f)(3)) is amended by adding at the end the
following:
``(E) Reports to congress.--Not less frequently
than once each year, the Attorney General shall submit
to the appropriate committees of Congress an annual
report on the number of--
``(i) requests to conduct sensitive queries
in the year covered by the report;
``(ii) requests to conduct sensitive
queries that were approved and denied in the
year covered by the report; and
``(iii) sensitive queries conducted in the
year covered by the report, with such numbers
disaggregated by the subclause of subparagraph
(D)(ii) under which the requests were made or
the sensitive queries were conducted.''.
SEC. 3. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND
OPINIONS.
Section 602 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting
the following:
``(a) Declassification Required.--
``(1) In general.--Subject to subsection (b), the Director
of National Intelligence, in consultation with the Attorney
General, shall--
``(A) conduct a declassification review of each
decision, order, or opinion issued by the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review (as defined
in section 601(e)) that is described in paragraph (2);
``(B) consistent with that review, make publicly
available to the greatest extent practicable each such
decision, order, or opinion; and
``(C) complete the declassification review required
by subparagraph (A) and public release of each such
decision, order, or opinion pursuant to subparagraph
(B) by not later than 180 days after the date on which
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review
issues such decision, order, or opinion.
``(2) Decision, order, or opinion described.--A decision,
order, or opinion issued by the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review that is described in this paragraph is any such
decision, order, or opinion issued before, on, or after the
date of the enactment of this Act that--
``(A) includes a significant construction or
interpretation of any provision of law, including any
novel or significant construction or interpretation of
any term;
``(B) involves a sensitive investigative matter (as
defined in section 103(i)(12)); or
``(C) has been nominated for a declassification
review by an amicus curiae appointed by the court.
``(3) Definition of sensitive investigative matter.--In
this subsection, the term `sensitive investigative matter'
means--
``(A) an investigative matter involving the
activities of--
``(i) a domestic public official or
political candidate, or an individual serving
on the staff of such an official or candidate;
``(ii) a domestic religious or political
organization, or a known or suspected United
States person prominent in such an
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a
domestic entity or a known or suspected United States
person that, in the judgment of the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, is similarly
as sensitive as an investigative matter described in
subparagraph (A).''.
SEC. 4. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
Section 511 of the National Security Act of 1947 (50 U.S.C. 3110)
is amended by adding at the end the following:
``(c) Public Availability.--
``(1) In general.--The Director of National Intelligence
shall make each report submitted under subsection (a) available
to the public on an internet website, with such redactions as
may be necessary to protect sources and methods.
``(2) Retroactive report publication.--With respect to a
report submitted under subsection (a) prior to the date of the
enactment of this paragraph, such report shall be made publicly
available pursuant to paragraph (1) by not later than 180 days
after the date of the enactment of this paragraph.
``(d) Department of Justice Report.--The Attorney General shall, in
consultation with the Director of National Intelligence, submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a version of the report
described in subsection (a) that addresses violations of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).''.
SEC. 5. TRANSPARENCY RELATED TO UNITED STATES PERSON QUERIES OUTSIDE OF
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA).
Section 603(b) of the Foreign Intelligence Surveillance Act (50
U.S.C. 1873) is amended--
(1) in paragraph (6)(C) by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a good faith estimate of the number of United States
person search terms and queries, by each element of the
intelligence community, used to retrieve information acquired
pursuant to Executive Order 12333 (50 U.S.C. 3001 note;
relating to United States intelligence activities), or
successor order, outside of this Act.''.
SEC. 6. FIVE-WEEK EXTENSION OF SECTION 702 OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT.
(a) Extension of Repeal Date of Title VII.--Section 403(b) of the
FISA Amendments Act of 2008 (Public Law 110-261) is amended--
(1) in paragraph (1) (50 U.S.C. 1881 note), by striking
``June 12, 2026'' and inserting ``July 17, 2026''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``June 12, 2026'' and
inserting ``July 17, 2026''.
(b) Effective Date.--The amendment made by this section shall take
effect on the earlier of the date of the enactment of this Act or June
11, 2026.
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