[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4402 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4402
To require a report on the use of artificial intelligence with respect
to access to unminimized information collected pursuant to the Foreign
Intelligence Surveillance Act of 1978, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
April 27, 2026
Mr. Schiff introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To require a report on the use of artificial intelligence with respect
to access to unminimized information collected pursuant to the Foreign
Intelligence Surveillance Act of 1978, 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. DEFINITION OF ARTIFICIAL INTELLIGENCE.
In this Act, the term ``artificial intelligence'' has the meaning
given that term in section 5002 of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9401).
SEC. 2. REPORT ON USE OF ARTIFICIAL INTELLIGENCE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Attorney General and the Director of
National Intelligence shall jointly submit to the entities and
individuals specified in subsection (c) a report describing all use of
artificial intelligence with access to unminimized information
collected pursuant to any section of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b) Contents.--The report required by subsection (a) shall include,
for each use of artificial intelligence included in the report, the
following:
(1) The name of the artificial intelligence system, if
applicable, and a description of its use, function, and
purpose.
(2) A description of the testing and evaluation process
prior to adoption, as well as the process for continuous
monitoring of the system's performance, including a description
of mechanisms and protocols for continuous human review.
(3) An identification of the entity, whether an office
within a government agency or a private entity, that developed,
trained, initiated the training of, or intentionally modified
the artificial intelligence system.
(4) A description of the data used to train or fine-tune
the artificial intelligence system, including a description of
the fitness of the selected model and its training data for the
functions described in paragraph (1), as well as any stated
limitations of the selected model indicated in documentation
associated with the selected model.
(5) An identification of--
(A) when the artificial intelligence system was
initially allowed access to unminimized information
collected pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.);
(B) what access the artificial intelligence system
has to that information; and
(C) any additional data sources the artificial
intelligence system uses for operation in the functions
identified in paragraph (1).
(6) Whether the use of the artificial intelligence system
has previously been reported to the entities and individuals
specified in subsection (c) and, if so, whether the Foreign
Intelligence Surveillance Court has issued any orders or
opinions regarding the use of the artificial intelligence,
including as part of minimization or targeting procedures.
(7) Any additional information determined necessary by the
Attorney General or the Director of National Intelligence.
(c) Entities and Individuals Specified.--The entities and
individuals specified in this subsection are--
(1) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives;
(4) the presiding judge of the Foreign Intelligence
Surveillance Court; and
(5) the presiding judge of the Foreign Intelligence
Surveillance Court of Review.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified and classified form.
(e) Public Availability.--The unclassified version of the report
required by subsection (a) shall be made publicly available on the
websites of the Department of Justice and the Office of the Director of
National Intelligence.
SEC. 3. REQUIREMENT RELATING TO USE OF ARTIFICIAL INTELLIGENCE.
Before providing any future artificial intelligence system with
access to unminimized information collected pursuant to any section of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), the Attorney General and the Director of National Intelligence
shall jointly provide to the entities and individuals specified in
section 2(c) the following:
(1) A notification describing the proposed name, function,
and access to information of the artificial intelligence
system.
(2) An assessment of whether such use of the artificial
intelligence complies with the Foreign Intelligence
Surveillance Act, existing procedures or opinions adopted or
issued by the Foreign Intelligence Surveillance Court, and any
other applicable laws, directives, and regulations.
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