S. 4740

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4740 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4740

To amend the Foreign Intelligence Surveillance Act of 1978 to improve 
transparency, 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 amend the Foreign Intelligence Surveillance Act of 1978 to improve 
transparency, 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. PUBLIC RELEASE OF FOREIGN INTELLIGENCE SURVEILLANCE COURT 
OPINION RELATED TO SECTION 702 CERTIFICATIONS.

As soon as practicable, but not later than 14 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall, in consultation with the Attorney General, publicly release the 
Memorandum Opinion and Order of the Foreign Intelligence Surveillance 
Court dated March 17, 2026, regarding section 702 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), with such 
redactions as may be necessary to protect intelligence sources and 
methods.

SEC. 2. REPORTS TO CONGRESS ON SENSITIVE QUERIES.

Section 702(f)(3) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(f)(3)) is amended by adding at the end the 
following:
``(E) Reports to congress.--Not less frequently 
than once each year, the Attorney General shall submit 
to the appropriate committees of Congress an annual 
report on the number of--
``(i) requests to conduct sensitive queries 
in the year covered by the report;
``(ii) requests to conduct sensitive 
queries that were approved and denied in the 
year covered by the report; and
``(iii) sensitive queries conducted in the 
year covered by the report, with such numbers 
disaggregated by the subclause of subparagraph 
(D)(ii) under which the requests were made or 
the sensitive queries were conducted.''.

SEC. 3. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
OPINIONS.

Section 602 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1872) is amended by striking subsection (a) and inserting 
the following:
``(a) Declassification Required.--
``(1) In general.--Subject to subsection (b), the Director 
of National Intelligence, in consultation with the Attorney 
General, shall--
``(A) conduct a declassification review of each 
decision, order, or opinion issued by the Foreign 
Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review (as defined 
in section 601(e)) that is described in paragraph (2);
``(B) consistent with that review, make publicly 
available to the greatest extent practicable each such 
decision, order, or opinion; and
``(C) complete the declassification review required 
by subparagraph (A) and public release of each such 
decision, order, or opinion pursuant to subparagraph 
(B) by not later than 180 days after the date on which 
the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review 
issues such decision, order, or opinion.
``(2) Decision, order, or opinion described.--A decision, 
order, or opinion issued by the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Surveillance 
Court of Review that is described in this paragraph is any such 
decision, order, or opinion issued before, on, or after the 
date of the enactment of this Act that--
``(A) includes a significant construction or 
interpretation of any provision of law, including any 
novel or significant construction or interpretation of 
any term;
``(B) involves a sensitive investigative matter (as 
defined in section 103(i)(12)); or
``(C) has been nominated for a declassification 
review by an amicus curiae appointed by the court.
``(3) Definition of sensitive investigative matter.--In 
this subsection, the term `sensitive investigative matter' 
means--
``(A) an investigative matter involving the 
activities of--
``(i) a domestic public official or 
political candidate, or an individual serving 
on the staff of such an official or candidate;
``(ii) a domestic religious or political 
organization, or a known or suspected United 
States person prominent in such an 
organization; or
``(iii) the domestic news media; or
``(B) any other investigative matter involving a 
domestic entity or a known or suspected United States 
person that, in the judgment of the Foreign 
Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review, is similarly 
as sensitive as an investigative matter described in 
subparagraph (A).''.

SEC. 4. REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

Section 511 of the National Security Act of 1947 (50 U.S.C. 3110) 
is amended by adding at the end the following:
``(c) Public Availability.--
``(1) In general.--The Director of National Intelligence 
shall make each report submitted under subsection (a) available 
to the public on an internet website, with such redactions as 
may be necessary to protect sources and methods.
``(2) Retroactive report publication.--With respect to a 
report submitted under subsection (a) prior to the date of the 
enactment of this paragraph, such report shall be made publicly 
available pursuant to paragraph (1) by not later than 180 days 
after the date of the enactment of this paragraph.
``(d) Department of Justice Report.--The Attorney General shall, in 
consultation with the Director of National Intelligence, submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a version of the report 
described in subsection (a) that addresses violations of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).''.

SEC. 5. TRANSPARENCY RELATED TO UNITED STATES PERSON QUERIES OUTSIDE OF 
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA).

Section 603(b) of the Foreign Intelligence Surveillance Act (50 
U.S.C. 1873) is amended--
(1) in paragraph (6)(C) by striking ``; and'' and inserting 
a semicolon;
(2) in paragraph (7), by striking the period at the end and 
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a good faith estimate of the number of United States 
person search terms and queries, by each element of the 
intelligence community, used to retrieve information acquired 
pursuant to Executive Order 12333 (50 U.S.C. 3001 note; 
relating to United States intelligence activities), or 
successor order, outside of this Act.''.

SEC. 6. FIVE-WEEK 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 ``July 17, 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 ``July 17, 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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