[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4738 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4738
To implement reforms relating to foreign intelligence surveillance
authorities, protections relating to warrantless queries for the
communications of United States persons, 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 implement reforms relating to foreign intelligence surveillance
authorities, protections relating to warrantless queries for the
communications of United States persons, 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. PROTECTIONS RELATING TO WARRANTLESS QUERIES FOR THE
COMMUNICATIONS OF UNITED STATES PERSONS.
(a) In General.--Section 702(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended--
(1) in paragraph (1)(A), by inserting ``and the limitations
and requirements in this subsection'' after ``Constitution of
the United States'';
(2) in paragraph (5)--
(A) by striking subparagraph (B), and inserting the
following:
``(B) The term `covered information' means--
``(i) communications content; and
``(ii) information, the compelled
disclosure of which would require a probable
cause warrant if sought for law enforcement
purposes inside the United States.
``(C) The term `covered person' means--
``(i) a United States person; or
``(ii) a person reasonably believed to be
located in the United States--
``(I) at the time of the applicable
query; or
``(II) at the time of the
communication or creation of the
information subject to the applicable
query.
``(D) The term `covered query' means a query that
is conducted--
``(i) using any terms associated with 1 or
more covered persons; or
``(ii) for a significant purpose of
detecting or retrieving information of or
concerning 1 or more covered persons.
``(E) The term `query'--
``(i) means the use of any technique,
whether manual or automated, to detect or
retrieve information obtained through
acquisitions authorized under subsection (a)
from within a system, collection, or assortment
of information, or a subset thereof; and
``(ii) does not include the manual
observation of retrieved information.''; and
(3) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Prohibition on warrantless access to the
communications and other information of united states persons
and persons located in the united states.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no officer or employee of
the Federal Government may access covered information
returned in response to a covered query.
``(B) Exceptions for concurrent authorization,
consent, emergency situations, and certain defensive
cybersecurity queries.--
``(i) In general.--Subparagraph (A) shall
not apply if--
``(I) the covered person to whom
the covered query relates is the
subject of an order or emergency
authorization authorizing electronic
surveillance or physical search under
section 105, 304, 703 or 704 of this
Act, or a warrant issued pursuant to
the Federal Rules of Criminal Procedure
by a court of competent jurisdiction,
if--
``(aa) such order,
authorization, or warrant is
active at the time the covered
query is conducted;
``(bb) the covered query is
conducted and covered
information is accessed in
compliance with all use,
dissemination, querying,
retention, and other
minimization limitations
required by the order,
authorization, or warrant; and
``(cc) with respect to an
emergency authorization, the
Attorney General makes or has
made an application to the
Foreign Intelligence
Surveillance Court in
accordance with section 105,
304, 703 or 704, as applicable;
``(II)(aa) the officer or employee
accessing the covered information has a
reasonable belief that--
``(AA) an emergency exists
involving an imminent threat of
death or serious bodily harm;
and
``(BB) in order to prevent
or mitigate the threat
described in item (aa), the
covered information must be
accessed before authorization
described in clause (i) can,
with due diligence, be
obtained; and
``(bb) not later than 7 days after
the covered information is accessed, a
description of the circumstances
justifying the accessing of the covered
information is provided to the Foreign
Intelligence Surveillance Court, the
congressional intelligence committees,
the Committee on the Judiciary of the
House of Representatives, and the
Committee on the Judiciary of the
Senate;
``(III) the covered person to whom
the covered query relates or, if such
person is incapable of providing
consent, a third party legally
authorized to consent on behalf of such
person, has provided consent for the
access on a case-by-case basis; or
``(IV)(aa) the covered information
is accessed and used for defensive
cybersecurity purposes, including the
protection of a covered person from
cybersecurity attack;
``(bb) other than for such
defensive cybersecurity purposes, no
covered information is accessed or
reviewed; and
``(cc) not later than 7 days after
the covered information is accessed, a
description of the circumstances
justifying the accessing of the covered
information is provided to the Foreign
Intelligence Surveillance Court, the
congressional intelligence committees,
the Committee on the Judiciary of the
House of Representatives, and the
Committee on the Judiciary of the
Senate.
``(ii) Matters relating to emergency
queries.--
``(I) Treatment of denials of
applications after emergency
authorizations.--If the Foreign
Intelligence Surveillance Court denies
an application described in clause
(i)(I)(cc), the restrictions set forth
in section 105(e)(5), 304(e)(5),
703(d)(4), or 704(d)(4), as applicable,
shall apply.
``(II) Foreign intelligence
surveillance court review of emergency
exception.--
``(aa) In general.--Not
later than 7 days after receipt
of a description provided under
clause (i)(II)(bb), the Foreign
Intelligence Surveillance Court
shall determine whether the
criteria set forth in clause
(i)(II)(aa) were met.
``(bb) Submission.--The
Foreign Intelligence
Surveillance Court may require
the submission of any
additional information the
Court considers necessary to
make the determination
described in item (aa).
``(cc) Criteria not met.--
If the Foreign Intelligence
Surveillance Court determines
that the criteria set forth in
item (aa) of clause (i)(II)
were not met, no information
obtained or evidence derived
from the accessing of querying
results shall be received in
evidence, or otherwise
disclosed in any trial,
hearing, or other proceeding in
or before any court, grand
jury, department, office,
agency, regulatory body,
legislative committee, or other
authority of the United States,
a State, or political
subdivision thereof, and no
information concerning any
covered person acquired from
accessing of the results of the
covered query shall
subsequently be used or
disclosed in any other manner
by Federal officers or
employees without the consent
of such person, except with the
approval of the Attorney
General if the information
indicates a threat of death or
serious bodily harm to any
person.
``(dd) Submissions to
congress.--Not later than 7
days after the determination
described in item (aa) is made,
a copy of such determination
shall be provided to the
congressional intelligence
committees, the Committee on
the Judiciary of the House of
Representatives, and the
Committee on the Judiciary of
the Senate.
``(iii) Assessment of compliance.--Not less
frequently than once each year, the Attorney
General shall assess compliance with the
requirements under subclauses (I)(cc) and
(II)(bb) of clause (i) and subclauses (I) and
(II)(cc) of clause (ii).
``(C) Foreign intelligence purpose required for
queries.--
``(i) In general.--Except as provided in
clause (ii), no officer or employee of the
Federal Government may conduct a query unless
the query is--
``(I) reasonably likely to retrieve
foreign intelligence information; and
``(II) is made with a significant
foreign intelligence purpose.
``(ii) Exceptions.--An officer or employee
of the Federal Bureau of Investigation may
conduct a query if--
``(I)(aa) the officer or employee
conducting the query has a reasonable
belief that--
``(AA) an emergency exists
involving an imminent threat of
death or serious bodily harm;
and
``(BB) the query could
reasonably be expected to
assist in mitigating or
eliminating that threat to life
or serious bodily harm; and
``(bb) not later than 7 days after
the query is conducted, a description
of the query is provided to the Foreign
Intelligence Surveillance Court, the
congressional intelligence committees,
the Committee on the Judiciary of the
House of Representatives, and the
Committee on the Judiciary of the
Senate; or
``(II) the query is necessary to
identify information that must be
produced or preserved in connection
with a litigation matter or to fulfill
discovery obligations in a criminal
matter under the laws of the United
States or any State.
``(iii) Rule of construction.--Nothing in
this subparagraph shall be construed to limit
any oversight or training activities required
under any other provision of law.
``(3) Required documentation and query record system.--
``(A) Documentation.--No officer or employee of the
Federal Government may conduct a query, or access
covered information returned in response to a covered
query, unless an electronic record is created that
includes--
``(i) for each query--
``(I) each term used for the
conduct of the query;
``(II) the date of the query;
``(III) the identifier of the
officer or employee who conducted the
query; and
``(IV) a statement of facts
justifying that the query is reasonably
likely to retrieve foreign intelligence
information and the significant foreign
intelligence purpose for the query or,
if an exception under subparagraph
(D)(ii) applies, a description of the
basis for such exception; and
``(ii) for each access--
``(I) the date of the access;
``(II) the identifier of the
officer or employee who did the
particular access; and
``(III) a statement of facts
showing that an access is authorized by
an exception under subparagraph (B).
``(B) Query record system.--Each head of an agency
who is authorized to conduct a covered query shall
ensure that a system, mechanism, or business practice
is in place to maintain the records described in
subparagraph (A), including ensuring that any queries
or accesses to covered information returned in response
to covered queries, that are conducted by automated
means are attributed to the officer or employee who was
the proximate cause of such query or access.''.
(b) Report on Compliance With Query Record System Requirement.--Not
later than 90 days after the date of enactment of this Act, each head
of a Federal agency described in section 702(f)(3)(B) of such Act, as
added by subsection (a), shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the House of
Representatives, and the Committee on the Judiciary of the Senate a
report on the compliance of the Federal agency with the requirement of
such section.
(c) Conforming Amendments.--Section 702(f) of such Act, as amended
by subsection (a), is further amended--
(1) in the headings for subparagraph (B) of paragraph (1),
subparagraph (A) of paragraph (2), and subparagraph (A) of
paragraph (3), by striking ``United states person'' each place
it appears and inserting ``covered person'';
(2) in paragraph (6)--
(A) in the heading, by striking ``non-united states
persons'' and inserting ``noncovered persons''; and
(B) by striking ``non-United States persons'' and
inserting ``noncovered persons''; and
(3) in paragraphs (1) through (6), by striking ``United
States person'' each place it appears and inserting ``covered
person''.
SEC. 2. NINE-MONTH 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 ``March 12, 2027''; and
(2) in paragraph (2) (18 U.S.C. 2511 note), in the matter
preceding subparagraph (A), by striking ``June 12, 2026'' and
inserting ``March 12, 2027''.
(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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