S. 4740

119 S4740 IS: To amend the Foreign Intelligence Surveillance Act of 1978 to improve transparency, and for other purposes.
 U.S. Senate
 2026-06-10
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4740  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.
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.
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.
 .
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).
 .
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. ).
 .
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.
  .
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.