S. 4739

[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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