H.R. 7738

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7738 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7738

To amend title 18, United States Code, to require that notice of 
criminal surveillance orders be eventually provided to targets, to 
reform the use of non-disclosure orders to providers, to prohibit 
indefinite sealing of criminal surveillance orders, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 26, 2026

Mr. Lieu (for himself and Mr. Davidson) introduced the following bill; 
which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to require that notice of 
criminal surveillance orders be eventually provided to targets, to 
reform the use of non-disclosure orders to providers, to prohibit 
indefinite sealing of criminal surveillance orders, 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. SHORT TITLE.

This Act may be cited as the ``Government Surveillance Transparency 
Act of 2026''.

SEC. 2. CRIMINAL SURVEILLANCE ORDERS.

(a) In General.--Part II of title 18, United States Code, is 
amended by inserting after chapter 206 the following:

``CHAPTER 206A--CRIMINAL SURVEILLANCE ORDERS

``Sec.
``3131. Definitions.
``3132. Criminal surveillance orders.
``3133. Request for unsealing or challenging redactions.
``Sec. 3131. Definitions
``In this chapter:
``(1) Application.--The term `application'--
``(A) means an application for a criminal 
surveillance order; and
``(B) includes all supporting affidavits and 
exhibits.
``(2) Pen register; trap and trace device.--The terms `pen 
register', and `trap and trace device' have the meanings given 
the terms in section 3127.
``(3) Criminal surveillance order.--The term `criminal 
surveillance order' means--
``(A) an order authorizing or approving the 
interception of a wire communication, oral 
communication, or electronic communication under 
chapter 119 or under an equivalent State law;
``(B) an order authorizing or approving the 
installation and use of a pen register or a trap and 
trace device under chapter 206 or under an equivalent 
State law;
``(C) an order for the installation of a mobile 
tracking device under section 3117;
``(D) an order for disclosure under chapter 121;
``(E) an order for a delay of notification or 
nondisclosure under section 2705;
``(F) a search or seizure warrant issued using the 
procedures described in the Federal Rules of Criminal 
Procedure or in the case of a State or Tribal court, 
issued using State or Tribal warrant procedures;
``(G) in the case of a court-martial or other 
proceeding under chapter 47 of title 10 (Uniform Code 
of Military Justice), a warrant or order issued under 
section 846 of that title;
``(H) a warrant under section 3103a;
``(I) an order under section 1651 of title 28;
``(J) an order for third party assistance under 
section 2518(4) or section 3124; or
``(K) an order to enforce the assistance capability 
and capacity requirements under section 2522.
``(4) Electronic communication; oral communication; wire 
communication.--The terms `electronic communication', `oral 
communication', and `wire communication' have the meanings 
given the terms in section 2510.
``(5) Indian tribe.--The term `Indian Tribe' has the 
meaning given such term in section 102 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
``(6) Inventory.--The term `inventory' means the inventory 
and other materials--
``(A) returned to a Federal, State, or Tribal court 
or a court-martial or other proceeding under chapter 47 
of title 10 (Uniform Code of Military Justice) in 
connection with the execution of a criminal 
surveillance order (including under paragraph (1)(D) or 
(2)(B) of rule 41(f) of the Federal Rules of Criminal 
Procedure, under comparable State warrant procedures, 
or under procedures applicable to a court-martial or 
other proceeding under chapter 47 of title 10); or
``(B) provided to persons and other parties 
described in section 2518(8)(d).
``(7) State.--The term `State' means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Commonwealth 
of the Northern Mariana Islands, Guam, and the United States 
Virgin Islands.
``(8) Substantially prevails.--The term `substantially 
prevails' has the meaning given the term in section 
552(a)(4)(E) of title 5.
``Sec. 3132. Criminal surveillance orders
``(a) Limitation on Sealing.--
``(1) In general.--Except as provided in paragraph (2), a 
court may not seal a criminal surveillance order, application, 
or inventory for a period that extends after the later of--
``(A) date the order is executed; or
``(B) the date on which the authorized surveillance 
ends.
``(2) Exceptions.--
``(A) In general.--An applicant for a criminal 
surveillance order may file a written request for the 
court to seal the criminal surveillance order, the 
application, or the inventory for a period not to 
exceed 180 days after the later of the date the order 
is executed or the date on which the authorized 
surveillance ends, which request the court shall grant 
if the applicant certifies that there is reason to 
believe that failure to seal will have an adverse 
result described in subparagraph (B).
``(B) Adverse result.--
``(i) In general.--An adverse result 
described in this subparagraph is--
``(I) endangering the life or 
physical safety of an individual;
``(II) flight from prosecution;
``(III) destruction of or tampering 
with evidence;
``(IV) intimidation of potential 
witnesses; or
``(V) otherwise seriously 
jeopardizing the investigation to which 
the criminal surveillance order relates 
or unduly delaying a trial resulting 
from the investigation.
``(ii) Other requirements.--
``(I) In general.--When certifying 
an adverse result, the applicant shall 
certify that there is reason to believe 
that the person whose information is 
targeted by the order does not know--
``(aa) about the 
investigation; and
``(bb) that they are a 
target or person of interest in 
the investigation.
``(II) Failure to certify.--If the 
applicant does not satisfy the 
requirements of subclause (I)--
``(aa) the applicant must 
follow the higher standard of 
judicial review required by 
subparagraph (C)(ii); and
``(bb) the failure to 
satisfy such requirements shall 
be disclosed in both the 
criminal surveillance order and 
any preclusion of notice order 
issued for that criminal 
surveillance order.
``(iii) Review by court.--The court may, in 
its discretion, require the government to 
provide the factual basis for the certification 
described in clause (i) and may review that 
factual basis for sufficiency.
``(iv) Notification.--
``(I) In general.--For any criminal 
surveillance order, application, or 
inventory that is sealed at the 
Government's request, the Government 
shall promptly notify the court if the 
Government no longer has reason to 
believe that removal of a seal will 
have an adverse result described in 
this subparagraph.
``(II) Unsealing.--After being 
notified by the Government under 
subclause (I), the court shall unseal 
the criminal surveillance order, 
application, or inventory.
``(C) Extensions.--
``(i) In general.--The court may grant a 
single extension of a sealing order for up to 
180 days, upon the applicant's motion, based on 
a renewed certification that failure to extend 
the sealing period will have an adverse result 
described in subparagraph (B).
``(ii) Heightened judicial review of 
subsequent extensions.--
``(I) In general.--For any 
extension after an extension under 
clause (i), the court may grant an 
extension of a sealing order for up to 
180 days, upon the applicant's motion, 
if the applicant--
``(aa) demonstrates--

``(AA) a 
particularized showing 
that failure to extend 
the sealing period will 
have an adverse result 
described in 
subparagraph (B); and

``(BB) a 
particularized showing 
that the adverse result 
would not be avoided by 
redaction of specified 
words, phrases, or 
passages in the 
criminal surveillance 
order, application, or 
inventory; and

``(bb) details--

``(AA) the nature 
of the investigation;

``(BB) the 
suspected crimes;

``(CC) the name of 
the target; and

``(DD) specific 
facts that substantiate 
the need for the 
extension.

``(II) Redacted documents.--
``(aa) In general.--If the 
court determines that an 
applicant has met the 
requirements of subitem (AA) of 
subclause (I)(aa), but not the 
requirements of subitem (BB) of 
subclause (I)(aa), the court 
shall order the applicant to 
submit proposed redactions to 
each sealed document.
``(bb) Disposition.--After 
considering the proposed 
redactions of the applicant, if 
any, the court may order the 
applicant to refile 1 or more 
sealed documents with such 
redactions as the court finds 
appropriate, direct the clerk 
to unseal the entirety of 1 or 
more sealed documents, or order 
that 1 or more sealed documents 
remain under seal.
``(D) Sealing of rejected applications and 
unexecuted criminal surveillance orders.--A court may, 
pursuant to subparagraph (A), seal an unexecuted 
criminal surveillance order, or a rejected application.
``(E) Challenge of adverse result certification or 
extension.--
``(i) In general.--Any person seeking to 
unseal a surveillance order, application, or 
inventory may challenge--
``(I) a certification of the 
adverse result under this paragraph; or
``(II) the particularized showings 
and detailed information necessary for 
a second and subsequent extension.
``(ii) Heightened standard.--If an order 
under this paragraph is issued earlier than 1 
year before the date on which a challenge under 
clause (i) is made, the requirements of 
subparagraph (C)(ii) shall apply to a warrant 
or order sealed in accordance with chapter 
206A.
``(iii) Costs.--If a person substantially 
prevails in a challenge under this 
subparagraph, the court shall order the 
applicant for the criminal surveillance order 
at issue to pay the litigation costs of the 
person (including reasonable attorney's fees).
``(b) Docketing and Publication of Criminal Surveillance Orders, 
Applications, Inventories, and Associated Docket Records.--
``(1) Docket records.--Except as provided in paragraph (2), 
regardless of whether a court seals a criminal surveillance 
order or application under this section, the public docket 
record for any criminal surveillance case shall--
``(A) be made available as an open Government data 
asset and under an open license, as such terms are 
defined in section 3502 of title 44, and in a manner 
that facilitates downloading docket records in bulk, in 
accordance with rules promulgated by the Judicial 
Conference of the United States, after consultation 
with the National Institute of Standards and 
Technology, the Administrator of General Services, the 
Electronic Public Access Public User Group, private 
entities offering electronic case management software, 
the National Center for State Courts, and the National 
American Indian Court Judges Association, on the 
website of the court; and
``(B) include, at a minimum--
``(i) the date and time the application was 
filed, the order was entered, and the warrant 
was returned to the court, where applicable;
``(ii) the type of order, including--
``(I) the statutory authority under 
which the order was issued;
``(II) the type of crime under 
investigation;
``(III) the investigating agency;
``(IV) the duration of the 
requested surveillance if any;
``(V) whether sealing and deferred 
notice were requested, if so for how 
long;
``(VI) whether an order for third 
party assistance was requested; and
``(VII) disposition by the court, 
whether granted, modified, or denied;
``(iii) an index describing any subsequent 
filings or orders related to the case;
``(iv) the unique case number in accordance 
with paragraph (3); and
``(v) the date on which the seal will 
expire (unless extended pursuant to subsection 
(a)(2)(C)).
``(2) Showing of adverse result.--If an applicant in a 
sealed case demonstrates that public disclosure of any docket 
item listed in paragraph (1)(B)(ii) will have an adverse result 
described in subsection (a)(2)(B), the court may direct the 
clerk to withhold that item from the public docket record until 
the sealing order expires.
``(3) Case number and caption.--
``(A) In general.--A court shall assign for each 
application--
``(i) a unique case number for every 
identified target, including for each unique 
street address, parcel, person, phone number, 
device, or account targeted; and
``(ii) a case caption providing only 
generic information about the type of order 
sought and the target of the order.
``(B) Requirements.--A court shall assign a case 
number and case caption under subparagraph (A) in 
accordance with rules promulgated by the Judicial 
Conference of the United States, in consultation with 
the Electronic Public Access Public User Group, or in 
the case of a State court, in accordance with rules 
promulgated by the highest court of the State, and in 
the case of a Tribal court, in accordance with rules 
promulgated by the highest court of the Indian Tribe.
``(4) Compliance with the rehabilitation act of 1973.--Each 
criminal surveillance order, application, inventory, and public 
docket record for any criminal surveillance case required under 
this subsection shall be published in a form that complies with 
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
``(5) Nondisclosure orders.--When applying for an order for 
nondisclosure under section 2705, to prevent the disclosure of 
a subpoena--
``(A) the applicant for the order shall include a 
copy of the subpoena; and
``(B) the court shall docket the subpoena as part 
of the application for the order.
``(6) Automatic unsealing and notification.--The court 
shall employ a technical mechanism to automatically--
``(A) unseal criminal surveillance orders not later 
than the end of the next business day after the seal 
expires; and
``(B) provide notice, 10 business days before 
scheduled unsealing, to the law enforcement agency that 
filed the application for the criminal surveillance 
order.
``(c) Filing.--An application and the inventory shall be filed 
electronically.
``Sec. 3133. Request for unsealing or challenging redactions
``(a) In General.--Any person may submit a request to a court to--
``(1) unseal an application for a criminal surveillance 
order, a criminal surveillance order, or an inventory; or
``(2) challenge a redaction under section 
3132(a)(2)(C)(ii)(II).
``(b) Form.--A request described in subsection (a) may be submitted 
as part of--
``(1) the particular criminal surveillance matter, 
including as a motion to unseal; or
``(2) as a stand-alone, separate case.
``(c) Multiple Applications and Orders Unsealed.--A request 
described in subsection (a) may include more than 1 application for a 
criminal surveillance order, criminal surveillance order, or an 
inventory.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 18, United States Code, is amended--
(A) in section 2518(8)--
(i) by striking paragraph (b); and
(ii) by redesignating paragraphs (c) and 
(d) as subparagraphs (b) and (c), respectively;
(B) in section 3123, by striking subsection (d); 
and
(C) in section 3103a(b)(1)--
(i) by striking ``2705'' and inserting 
``3132)''; and
(ii) by striking ``trial)'' and inserting 
``trial''.
(2) E-government act of 2002.--
(A) In general.--Section 205 of the E-Government 
Act of 2002 (44 U.S.C. 3501 note) is amended--
(i) in subsection (a), by adding at the end 
the following:
``(8) Access to the substance of all applications for 
criminal surveillance orders, criminal surveillance orders, and 
inventories in a text searchable format in accordance with 
chapter 206A of title 18, United States Code.''; and
(ii) in subsection (c)--
(I) by striking paragraph (2) and 
inserting the following:
``(2) Exceptions.--
``(A) In general.--Documents that are filed that 
are not otherwise available to the public, such as 
documents filed under seal, shall not be made available 
online.
``(B) Criminal surveillance orders.--Subparagraph 
(A) shall not apply to applications for criminal 
surveillance orders, criminal surveillance orders, and 
inventories that are publicly available in accordance 
with chapter 206A of title 18, United States Code.''; 
and
(II) in paragraph (3), by adding at 
the end the following:
``(D) The Supreme Court shall update the rules 
prescribed under subparagraph (A) to address personal 
information included in criminal surveillance orders, 
applications, and inventories that are made available 
to the public.''.
(3) Table of chapters.--The table of chapters for part II 
of title 18, United States Code, is amended by inserting after 
the item relating to chapter 206 the following:

``206A. Criminal surveillance orders........................ 3121''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and 
(3), the amendments made by this section shall take effect on 
the date that is 2 years after the date of enactment of this 
Act.
(2) Delayed applicability for certain state and tribal 
courts.--
(A) In general.--Subsections (b)(1)(A) and (c) of 
section 3132 of title 18, United States Code, as added 
by subsection (a) of this section, shall apply on and 
after the date that is 4 years after the date of 
enactment of this Act--
(i) to a State or Tribal court that, on the 
date of enactment of this Act, does not offer 
electronic docketing or public online access to 
dockets; or
(ii) any State or Tribal court that 
certifies that the court needs more time to 
comply with the requirements of those 
subsections.
(3) Authority to delay electronic filing.--
(A) Certification.--
(i) Federal courts.--The application of 
subsection (c) of section 3132 of title 18, 
United States Code, as added by subsection (a) 
of this section, to Federal courts under 
paragraph (1) of this subsection shall be 
delayed for 1 year if the Director of the 
Administrative Office of the United States 
Courts certifies that the system used by 
Federal courts for electronic filing is not 
sufficiently secure.
(ii) State and tribal courts.--The 
application of subsection (c) of section 3132 
of title 18, United States Code, as added by 
subsection (a) of this section, to a State or 
Tribal court under paragraph (1) or (2) of this 
subsection, as applicable, shall be delayed for 
1 year if the chief judge of the highest court 
of the State or Tribe certifies that the system 
used by the State or Tribal court for 
electronic filing is not sufficiently secure.
(B) Contents.--A certification under subparagraph 
(A) shall include an estimate of the date by which the 
electronic filing system of the applicable court will 
be sufficiently secure.
(C) Renewal of delay.--The delay of the application 
of subsection (c) of section 3132 of title 18, United 
States Code, as added by subsection (a) of this 
section, to Federal courts or to a State or Tribal 
court may be delayed for 1 or more additional 1-year 
periods if the Director of the Administrative Office of 
the United States Courts or the chief judge of the 
highest court of the State or Tribe, respectively, 
submits an additional certification in accordance with 
subparagraphs (A) and (B).
(D) Publication.--Any certification under this 
paragraph shall be--
(i) made available on the website of the 
court system with respect to which the 
certification is submitted; and
(ii) submitted to the Committee on the 
Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives.
(d) Applicability.--
(1) Definitions.--In this subsection, the terms 
``application'', ``criminal surveillance order'', and 
``inventory'' have the meanings given such terms in section 
3131 of title 18, United States Code, as added by subsection 
(a).
(2) Application.--The amendments made by this section shall 
apply to--
(A) any application filed or inventory returned on 
or after the date described in subsection (d); and
(B) any criminal surveillance order entered on or 
after the date described in subsection (d).
(3) Rule of construction regarding unsealing.--Nothing in 
the amendments made by this section shall be construed to 
prohibit a court from unsealing--
(A) a criminal surveillance order entered or 
inventory returned before the date described in 
subsection (d); or
(B) an application for a criminal surveillance 
order made before the date described in subsection (d).
(4) Rule of construction regarding interpretation.--The 
amendments made by this section shall be liberally construed in 
favor of public access to documents, to the extent possible.

SEC. 3. NOTICE TO COURTS OF UNLAWFUL SURVEILLANCE.

(a) Required Disclosure of Customer Communications or Records.--
Section 2703(d) of title 18, United States Code, is amended--
(1) by striking ``A court order'' and inserting the 
following:
``(1) In general.--A court order''; and
(2) by adding at the end the following:
``(2) Required inventory.--A court order for disclosure 
issued under subsection (b) or (c) shall require an inventory 
described in rule 41(f)(1)(B) of the Federal Rules of Criminal 
Procedure, or any successor thereto, be promptly returned to 
the court if the provider disclosed to the government any data 
not authorized by the court.''.
(b) Issuance of an Order for a Pen Register or a Trap and Trace 
Device.--Section 3123(b) of title 18, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and 
inserting ``; and''; and
(3) by adding at the end the following:
``(3) shall require an inventory described in rule 
41(f)(1)(B) of the Federal Rules of Criminal Procedure, or any 
successor thereto, be promptly returned to the court if--
``(A) the provider disclosed to the government any 
electronic data not authorized by the court; or
``(B) the government obtained dialing, routing, 
addressing, or signaling information that was not 
authorized by the court or in a manner that exceeded 
the authorization granted by the court.''.
(c) Rule 41.--Rule 41(f)(1)(B) of the Federal Rules of Criminal 
Procedure is amended by inserting after the period at the end the 
following:
``If an inventory is required pursuant to this rule, or if an 
inventory is required by section 2703(d)(2) of title 18, United 
States Code, or section 3123(b)(3) of that title, the inventory 
shall--
``(i) disclose whether the provider 
disclosed to the government any electronic data 
not authorized by the court and, if so, provide 
detailed information regarding the disclosure; 
and
``(ii) disclose whether the government 
searched persons or property, including 
accounts or electronic devices, or obtained 
dialing, routing, addressing, or signaling 
information not authorized by the court or in a 
manner that exceeded the authorization granted 
by the court and, if so, provide detailed 
information regarding the search.''.

SEC. 4. NOTICE TO SUBJECTS OF LAW ENFORCEMENT SURVEILLANCE.

(a) In General.--Section 2703 of title 18, United States Code, is 
amended--
(1) in subsection (a), in the first sentence--
(A) by inserting ``and in accordance with the 
requirements for executing and returning a warrant'' 
after ``the procedures'';
(B) by inserting ``and execution and return'' after 
``State warrant''; and
(C) by inserting ``and in accordance with the 
requirements for executing and returning such a 
warrant'' after ``that title'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``without required 
notice to the subscriber or 
customer,'';
(II) by inserting ``and in 
accordance with the requirements for 
executing and returning a warrant'' 
after ``the procedures'';
(III) by inserting ``and execution 
and return'' after ``State warrant''; 
and
(IV) by inserting ``and in 
accordance with the requirements for 
executing and returning such a 
warrant'' after ``that title''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking the 
semicolon at the end and inserting a 
period; and
(II) in the matter following clause 
(ii), by striking ``except that delayed 
notice may be given pursuant to section 
2705 of this title.''; and
(B) by adding at the end the following:
``(3) Notice may not be delayed pursuant to section 2705 for a 
disclosure under paragraph (1)(B)(i).'';
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by inserting ``and in accordance with 
the requirements for executing and returning a 
warrant'' after ``the procedures'';
(ii) by inserting ``and execution and 
return'' after ``State warrant''; and
(iii) by inserting ``and in accordance with 
the requirements for executing and returning 
such a warrant'' after ``that title''; and
(B) by striking paragraph (3);
(4) in subsection (d), as amended by section 3(a) of this 
Act, by adding at the end the following:
``(3) Requirements.--Orders under this subsection shall be 
issued in accordance with the requirements for executing and 
returning a warrant under the Federal Rules of Criminal 
Procedure.''; and
(5) by adding at the end the following:
``(i) Service.--
``(1) In general.--A governmental entity receiving records 
or information under subsection (a), (b), or (c) of this 
section or seeking an order under section 3123 shall provide 
notice prior to conducting the court-authorized surveillance to 
the subscriber or customer or the person described in 
subsection (b)(1)(A) of that section, as applicable, unless 
notice is delayed in accordance with section 2705. If prior 
notice is infeasible due to inadequate contact information, the 
governmental entity shall provide the required notice within 7 
days after receipt of adequate contact information from the 
provider.
``(2) Other requirements.--For purposes of serving a copy 
of a warrant or order described in this section and a receipt 
for the warrant or order--
``(A) the person or persons whose wire or 
electronic communications are obtained under the 
warrant or order shall be the person or persons whose 
property was searched or who possessed the information 
that was seized or copied; and
``(B) service of the copy of the warrant or order 
and the receipt may only be delayed in accordance with 
section 2705.''.
(b) Writs.--Section 1651 of title 28, United States Code, is 
amended by adding at the end the following:
``(c) In seeking an order to a third party under this section, the 
Federal Government shall comply with any requirement for notice 
applicable to warrants issued under the Federal Rules of Criminal 
Procedure.''.
(c) Voluntary Disclosure of Customer Communications or Records.--
Section 2702 of title 18, United States Code, is amended by adding at 
the end the following:
``(e) Notice.--If a governmental entity requests and receives a 
voluntary disclosure from a provider described in subsection (a)--
``(1) the contents of communications pursuant to subsection 
(b)(8); or
``(2) a record or other information pertaining to a 
subscriber to or customer of such service pursuant to 
subsection (c)(4),
the governmental entity shall within 7 days provide notice to the 
subscriber or customer, unless notice is delayed in accordance with 
section 2705.''.

SEC. 5. DELAY AND PRECLUSION OF REQUIRED NOTICE.

(a) In General.--Section 2705 of title 18, United States Code, is 
amended--
(1) in the section heading, by striking ``Delayed'' and 
inserting ``Delay and preclusion of'';
(2) by striking subsection (a) and inserting the following:
``(a) Delay of Required Notice to Customer or Subscriber.--
``(1) In general.--A governmental entity acting under 
section 2702, 2703, or section 3123 may apply to a court for an 
order delaying the required notice to the person whose wire or 
electronic communications or records or information are 
obtained.
``(2) Warrants and orders.--The court may enter an order 
described in paragraph (1) with respect to a warrant or order 
only if the warrant or order is sealed in accordance with 
chapter 206A, and only for the period during which the sealing 
order is in effect.
``(3) Subpoenas and emergency requests.--
``(A) In general.--The court shall enter an order 
described in paragraph (1) with respect to a subpoena 
or emergency request for a period not to exceed 180 
days after the return date of the subpoena or the 
emergency request if the governmental entity certifies 
that there is reason to believe that failure to issue 
the order will have an adverse result described in 
section 3132(a)(2)(B).
``(B) Extensions.--
``(i) In general.--The court shall grant a 
single extension of an order described in 
paragraph (1) with respect to a subpoena or 
emergency request for a period not to exceed 
180 days upon the governmental entity's motion, 
based on a renewed certification that failure 
to extend the order will have an adverse result 
described in section 3132(a)(2)(B).
``(ii) Subsequent extensions.--
``(I) In general.--For any 
extension after an extension under 
clause (i), the court may grant an 
extension of an order described in 
paragraph (1) with respect to a 
subpoena or emergency request for up to 
180 days, upon the governmental 
entity's motion, if the governmental 
entity demonstrates a particularized 
showing described in subitems (AA) and 
(BB) of section 3132(a)(2)(C)(I)(aa) 
and details the information described 
in item (bb) of section 
3132(a)(2)(C)(I).
``(II) Redacted documents.--The 
court shall consider and order 
redactions under this clause in 
accordance with the procedures under 
section 3132(a)(2)(C)(II).
``(C) Review by court.--The court may, in its 
discretion, require the governmental entity to provide 
the factual basis for the certification described in 
subparagraph (A) and may review that factual basis for 
sufficiency.
``(D) Notification.--
``(i) In general.--A governmental entity 
shall promptly notify the court once the 
governmental entity no longer has reason to 
believe that the order is necessary to prevent 
an adverse result described in section 
3132(a)(2)(B).
``(ii) Revocation.--After being notified by 
the governmental entity under clause (i), the 
court shall revoke the order.''; and
(3) by adding at the end the following:
``(c) Reports Concerning Preclusion of Notice Orders.--
``(1) In general.--In January of each year, any judge who 
has issued an order (or an extension thereof) under subsection 
(b) that expired during the preceding year, or who has denied 
approval of a request for a preclusion of notice order, shall 
report to the Administrative Office of the United States 
Courts--
``(A) the fact that an order or extension was 
applied for;
``(B) the fact that the order or extension was 
granted as applied for, was modified, or was denied;
``(C) the period of the preclusion of notice 
required by the order, and the number and duration of 
any extensions of the order;
``(D) the nature of the offense or criminal 
investigation that was the basis for the underlying 
criminal surveillance order;
``(E) the name of each provider of electronic 
communication service or remote computing service 
served with the order, if so granted; and
``(F) the investigative or law enforcement agency 
that submitted the application.
``(2) Public report.--In June of each year, the Director of 
the Administrative Office of the United States Courts shall 
publish on the website of the Administrative Office of the 
United States Courts and include in the report required under 
section 2519(3)--
``(A) a full and complete report concerning--
``(i) the number of applications for orders 
authorizing or approving the preclusion of 
notice pursuant to this section; and
``(ii) the number of orders and extensions 
granted or denied pursuant to this section 
during the preceding calendar year; and
``(B) a detailed summary and analysis of each 
category of data required to be reported under 
paragraph (1).
``(3) Format.--Not later than 180 days after the date of 
enactment of this section, the Director of the Administrative 
Office of the United States Courts shall, in consultation with 
the National Institute of Standards and Technology and the 
Administrator of General Services, private entities offering 
electronic case management software, the National Center for 
State Courts, and the National American Indian Court Judges 
Association, publish a machine readable form that shall be used 
for any report required under paragraph (1).
``(4) Regulations.--The Director of the Administrative 
Office of the United States Courts may promulgate regulations 
with respect to the content and form of the reports required 
under paragraph (1).
``(d) Duration.--Any order issued under subsection (a) before the 
effective date of chapter 206A shall be for a period of not longer than 
180 days.''.
(b) Additional Grounds for Issuing Warrant.--Section 3103a of title 
18, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, not to exceed 
180 days,'' after ``certain'';
(2) in subsection (c), by inserting ``, not to exceed 180 
days'' before the period at the end; and
(3) in subsection (d)(1)--
(A) in subparagraph (C), by striking ``and'' at the 
end;
(B) in subparagraph (D), by striking the period at 
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) the identification of the statute or rule of 
law authorizing the search and seizure of property or 
material.''.
(c) Technical and Conforming Amendment.--The table of sections for 
chapter 121 of title 18, United States Code, is amended by striking the 
item relating to section 2705 and inserting the following:

``2705. Delay and preclusion of notice.''.

SEC. 6. INCENTIVES FOR STATE AND TRIBAL COURTS TO IMPLEMENT 
REQUIREMENTS.

(a) Amendments.--
(1) Stored communications.--Chapter 121 of title 18, United 
States Code, is amended--
(A) in section 2703, as amended by section 4(a) of 
this Act, by inserting after ``return procedures'' each 
place the term appears the following: ``and containing 
a certification that the court is acting in compliance 
with chapter 206A''; and
(B) in section 2711(3)(B), by inserting ``that is 
acting in compliance with chapter 206A'' after ``search 
warrants''.
(2) Wiretapping.--Section 2516(2) of title 18, United 
States Code, is amended by striking ``The principal prosecuting 
attorney of any State'' and inserting ``If a State requires 
that courts in the state comply with chapter 206A, the 
principal prosecuting attorney of that State''.
(3) Pen registers and trap and trace devices.--Section 
3122(a)(2) of title 18, United States Code, is amended by 
inserting ``and if the State requires that courts in the state 
comply with chapter 206A,'' after ``law,''.
(4) Full faith and credit.--The third undesignated 
paragraph of section 1738 of title 28, United States Code, is 
amended by inserting ``, provided that any criminal 
surveillance order, as defined in section 3131 of title 18, 
shall be entitled to full faith and credit only if the order 
contains a certification that the court that issued the order 
is acting in compliance with the requirements of chapter 206A 
of title 18'' before the period at the end.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the 
amendments made by subsection (a) shall take effect on the date 
that is 2 years after the date of enactment of this Act.
(2) Delayed applicability for certain state and tribal 
courts.--The amendments made by subsection (a) shall apply on 
and after the date that is 4 years after the date of enactment 
of this Act--
(A) to a State or Tribal court that, on the date of 
enactment of this Act, does not offer electronic 
docketing or public online access to dockets; or
(B) to any State or Tribal court that certifies 
that the court needs more time to comply with the 
requirements of the subsection.

SEC. 7. MODERNIZING CRIMINAL SURVEILLANCE REPORTS.

(a) Reports Concerning Access to Customer Communications or 
Records.--
(1) In general.--Section 2703 title 18, United States Code, 
as amended by section 4(5) of this Act, is amended by adding at 
the end the following:
``(j) Reports Concerning Access to Customer Communications or 
Records.--
``(1) In general.--In January of each year, any judge who 
has issued an order under this section or a warrant to obtain 
records described in this section, or who has denied approval 
of an application under this section during the preceding year, 
shall report to the Administrative Office of the United States 
Courts--
``(A) the fact that the order or warrant was 
applied for;
``(B) the type of records sought in the order or 
warrant;
``(C) whether the order or warrant was--
``(i) granted as applied for;
``(ii) granted as modified; or
``(iii) denied;
``(D) the subsection of this section under which 
the application for the order or warrant was filed;
``(E) the nature of the offense or criminal 
investigation that was the basis for the application 
for the order or warrant;
``(F) the name of each provider of electronic 
communication service or remote computing service 
served with the order or warrant, if so granted; and
``(G) the investigative or law enforcement agency 
that submitted the application.
``(2) Public report.--In June of each year, the Director of 
the Administrative Office of the United States Courts shall 
publish on the website of the Administrative Office of the 
United States Courts and include in the report required under 
section 2519(3)--
``(A) a full and complete report concerning the 
number of applications for orders or warrants requiring 
the disclosure of, during the preceding calendar year--
``(i) the contents of wire or electronic 
communications in electronic storage under 
subsection (a);
``(ii) the contents of wire or electronic 
communications in a remote computer service 
under subsection (b); and
``(iii) records concerning electronic 
communication service or remote computer 
service under subsection (c);
``(B) the number of orders and warrants granted or 
denied under this section during the preceding calendar 
year; and
``(C) a detailed summary and analysis of each 
category of data required to be filed with the 
Administrative Office of the United States Courts under 
paragraph (1).
``(3) Format.--Not later than 180 days after the date of 
enactment of the Government Surveillance Transparency Act of 
2026, the Director of the Administrative Office of the United 
States Courts shall, in consultation with the National 
Institute of Standards and Technology, the Administrator of 
General Services, the Electronic Public Access Public User 
Group, private entities offering electronic case management 
software, the National Center for State Courts, and the 
National American Indian Court Judges Association, publish a 
machine readable form that shall be used for any report 
required under paragraph (1).
``(4) Regulations.--The Director of the Administrative 
Office of the United States Courts may issue binding 
regulations with respect to the content and form of the reports 
required under paragraph (1).''.
(2) Technical and conforming amendment.--Section 2519(3) of 
title 18, United States Code, is amended, in the first 
sentence, by inserting ``publish on the website of the 
Administrative Office of the United States Courts'' before 
``transmit''.
(b) Reports Concerning Pen Registers and Trap and Trace Devices.--
Section 3126 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3126. Reports concerning pen registers and trap and trace 
devices
``(a) In General.--In January of each year, any judge who has 
issued an order (or an extension thereof) under section 3123 that 
expired during the preceding year, or who has denied approval of an 
installation and use of a pen register or trap and trace device during 
that year, shall report to the Administrative Office of the United 
States Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for;
``(3) the fact that the order or extension was granted as 
applied for, was modified, or was denied;
``(4) the period of installation and use of a pen register 
or trap and trace device authorized by the order, and the 
number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or 
extension of an order;
``(6) the precise nature of the facilities affected and the 
precise nature of the information sought; and
``(7) the investigative or law enforcement agency that 
submitted the application.
``(b) Public Report.--In June of each year, the Director of the 
Administrative Office of the United States Courts shall publish on the 
website of the Administrative Office of the United States Courts and 
include in the report required under section 2519(3)--
``(1) a full and complete report concerning--
``(A) the number of applications for orders 
authorizing or approving the installation and use of a 
pen register or trap and trace device pursuant to this 
chapter; and
``(B) the number of orders and extensions granted 
or denied pursuant to this chapter during the preceding 
calendar year; and
``(2) a detailed summary and analysis of each category of 
data required to be reported under subsection (a).
``(c) Format.--Not later than 180 days after the date of enactment 
of the Government Surveillance Transparency Act of 2026, the Director 
of the Administrative Office of the United States Courts shall, in 
consultation with the National Institute of Standards and Technology 
and the Administrator of General Services, private entities offering 
electronic case management software, the National Center for State 
Courts, and the National American Indian Court Judges Association, 
publish a machine readable form that shall be used for any report 
required under subsection (a).
``(d) Regulations.--The Director of the Administrative Office of 
the United States Courts may issue binding regulations with respect to 
the content and form of the reports required under subsection (a).''.
(c) Reporting of Emergency Disclosures.--Section 2702(d) of title 
18, United States Code, is amended, in the matter preceding paragraph 
(1), by inserting ``and publish on the website of the Department of 
Justice'' after ``Senate''.

SEC. 8. GRANTS.

(a) Definitions.--In this section--
(1) the term ``Indian Tribe'' has the meaning given such 
term in section 102 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5130); and
(2) the term ``State'' means each of the several States of 
the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the United States Virgin 
Islands.
(b) Authority.--The Attorney General shall make grants to State and 
Tribal court systems for the cost of implementing the requirements 
under the amendments made by this Act for the 5-year period beginning 
on the date of enactment of this Act.
(c) Maximum Amount.--The total amount of grants awarded under this 
section shall be not greater than $25,000,000.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--
(1) $1,000,000 to the Administrative Office of the United 
States Courts to implement the requirements of this Act and the 
amendments made by this Act; and
(2) $25,000,000 to carry out the grant program under 
section 8.

SEC. 10. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remaining provisions 
of and amendments made by this Act, and the application of the 
provision or amendment held to be unconstitutional to any other person 
or circumstance, shall not be affected thereby.
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