[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4739 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4739
To implement reforms relating to foreign intelligence surveillance
authorities, to prohibit reverse targeting of United States persons and
persons located in the United States, 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, to prohibit reverse targeting of United States persons and
persons located in the United States, 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. PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS
AND PERSONS LOCATED IN THE UNITED STATES.
(a) Definition of Covered Person.--Section 701(b) of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1881) is amended by adding at
the end the following new paragraph:
``(6) Covered person.--The term `covered person' means,
with respect to a query, a communication, an acquisition, or
creation of information, a person who is--
``(A) a United States person; or
``(B) a person known or believed to be located in
the United States--
``(i) at the time of the applicable query;
or
``(ii) at the time of the acquisition,
communication, or creation of the information
subject to the applicable query.''.
(b) Prohibition on Reverse Targeting.--Section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) may not intentionally target a person reasonably
believed to be located outside the United States if a
significant purpose of such acquisition is to acquire the
information of one or more particular, known covered persons,
unless--
``(A)(i) there is a reasonable belief that an
emergency exists involving an imminent threat of death
or serious bodily harm to such covered persons;
``(ii) the information is sought for the purpose of
assisting that covered persons; and
``(iii) not later than 14 days after the targeting,
a description of the targeting 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
``(B) the covered persons have provided consent to
the targeting, or if such persons are incapable of
providing consent, a third party legally authorized to
consent on behalf of such covered person has provided
consent; and'';
(2) in subsection (d)(1), by amending subparagraph (A) to
read as follows:
``(A) ensure that--
``(i) any acquisition authorized under
subsection (a) is limited to targeting persons
reasonably believed to be non-United States
persons located outside the United States; and
``(ii) except as provided in subsection
(b)(6), it is not a significant purpose of an
acquisition to acquire the information of one
or more particular, known covered persons;
and'';
(3) in subsection (h)(2)(A)(i), by amending subclause (I)
to read as follows:
``(I) ensure that--
``(aa) an acquisition
authorized under subsection (a)
is limited to targeting persons
reasonably believed to be non-
United States persons located
outside the United States; and
``(bb) except as provided
in subsection (b)(6), it is not
a significant purpose of an
acquisition to acquire the
information of one or more
particular, known covered
persons; and''; and
(4) in subsection (j)(2)(B), by amending clause (i) to read
as follows:
``(i) ensure that--
``(I) an acquisition authorized
under subsection (a) is limited to
targeting persons reasonably believed
to be non-United States persons located
outside the United States; and
``(II) except as provided in
subsection (b)(6), it is not a
significant purpose of an acquisition
to acquire the information of one or
more particular, known covered persons;
and''.
SEC. 2. PROHIBITION ON WARRANTLESS ACQUISITION OF DOMESTIC
COMMUNICATIONS PURSUANT TO SECTION 702.
Section 702 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a) is amended--
(1) in subsection (b)(4), by striking ``known at the time
of the acquisition'' and inserting ``known or believed at the
time of acquisition or communication'';
(2) in subsection (d)(1)(B), by striking ``known at the
time of the acquisition'' and inserting ``known or believed at
the time of acquisition or communication'';
(3) in subsection (h)(2)(A)(i)(II), by striking ``known at
the time of the acquisition'' and inserting ``known or believed
at the time of acquisition or communication''; and
(4) in subsection (j)(2)(B)(ii), by striking ``known at the
time of the acquisition'' and inserting ``known or believed at
the time of acquisition or communication''.
SEC. 3. COURT SUPERVISION OF COLLECTION TARGETING UNITED STATES PERSONS
AND PERSONS LOCATED INSIDE THE UNITED STATES.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881 et seq.) is amended--
(1) by striking sections 703, 704, and 705 (50 U.S.C.
1881b, 1881c, and 1881d); and
(2) by inserting after section 702 (50 U.S.C. 1881a) the
following:
``SEC. 703. ACQUISITIONS TARGETING UNITED STATES PERSONS AND PERSONS
LOCATED INSIDE THE UNITED STATES.
``(a) Warrant Requirement.--No officer or employee of the Federal
Government may intentionally target a covered person for the purpose of
acquiring foreign intelligence information, where such acquisition
would be of communications content, location information, web browsing
history, or internet search history of the covered person, or the
acquisition would occur under circumstances in which the person has a
reasonable expectation of privacy, or a warrant would be required for
the acquisition of such information if the officer or employee sought
to compel production of the information inside the United States for
law enforcement purposes, unless such person is the subject of--
``(1) an order or emergency authorization under section 105
or 304 of this Act covering the period of the acquisition and
the acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
order or authorization; or
``(2) a warrant issued pursuant to the Federal Rules of
Criminal Procedure by a court of competent jurisdiction
covering the period of the acquisition and the acquisition is
subject to the use, dissemination, querying, retention, and
other minimization limitations required by such warrant.
``(b) Pen Register or Trap and Trace.--No officer or employee of
the Federal Government may intentionally target a covered person for
the purpose of collecting foreign intelligence information through the
installation and use of a pen register or trap and trace device, or to
acquire information the compelled production of which would require a
pen register or trap and trace device order if conducted inside the
United States, unless such person is the subject of--
``(1) an order or emergency authorization under title IV of
this Act covering the period of the acquisition and the
acquisition is subject to the use, dissemination, querying,
retention, and other minimization limitations required by such
authorization; or
``(2) an order has been issued pursuant to section 3123 of
title 18, United States Code, by a court of competent
jurisdiction covering the period of the acquisition.
``(c) Matters Relating to Emergency Acquisition.--If an acquisition
is conducted pursuant to an emergency authorization described in
subsection (a)(1) or (b)(1) and the subsequent application to authorize
electronic surveillance, a physical search, an acquisition, or the
installation and use of a pen register or trap and trace device
pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or
in any other case in which the acquisition has been conducted and no
order is issued approving the acquisition--
``(1) no information obtained or evidence derived from such
acquisition may be used, received in evidence, or otherwise
disseminated in any investigation, 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
``(2) no information obtained or evidence derived from such
acquisition concerning a covered person may subsequently be
used or disclosed in any other manner 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.
``(d) Rule of Construction.--Subsections (a), (b), and (c) shall
apply regardless of the location of the acquisition.''.
(b) Conforming Amendments.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is further amended--
(1) in section 601(a)(1) (50 U.S.C. 1871(a)(1))--
(A) by striking subparagraphs (D) through (F); and
(B) in subparagraph (B), by striking the semicolon
and inserting ``; and'';
(2) in section 603(b)(1) (50 U.S.C. 1873(b)(1)), in the
matter before subparagraph (A), by striking ``and sections 703
and 704''; and
(3) in section 706 (50 U.S.C. 1881e), by striking
subsection (b).
(c) Clerical Amendment.--The table of contents for such Act is
amended--
(1) by striking the items relating to sections 703, 704,
and 705; and
(2) by inserting after the item relating to section 702 the
following:
``Sec. 703. Acquisitions targeting United States persons and persons
located inside the United States.''.
SEC. 4. THREE-MONTH EXTENSION OF SECTION 702 OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(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 ``September 18, 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 ``September 18, 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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