S. 4738

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4738 Introduced in Senate (IS)]

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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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