A bill to require a report on the use of artificial intelligence with respect to access to unminimized information collected pursuant to the Foreign Intelligence Surveillance Act of 1978, and for other purposes.
- Bill Number
- S. 4402
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-04-27: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-05-08T20:39:07Z
AI-Generated Summary
Purpose
This bill requires a report on current uses of artificial intelligence (AI) systems that access raw, unprocessed data ("unminimized information") collected under the Foreign Intelligence Surveillance Act of 1978 (FISA, a law authorizing surveillance for national security purposes). It also mandates notifications and assessments before future AI systems gain such access, to promote transparency and oversight.
Key Provisions
- Definition of AI: Uses the definition from the National Artificial Intelligence Initiative Act of 2020 (a machine-based system that performs tasks requiring human-like intelligence).
- Report on Current AI Uses (Section 2):
- Attorney General (AG) and Director of National Intelligence (DNI) must submit a joint report within 120 days of enactment.
- Covers all AI systems accessing unminimized FISA-collected data.
- Report details for each system: name and purpose; testing, evaluation, monitoring, and human oversight processes; developer (government or private); training data and limitations; access start date, scope, and other data sources; prior reports to Congress/courts; any Foreign Intelligence Surveillance Court (FISC, a special court for FISA approvals) orders.
- Submitted to congressional intelligence and judiciary committees, FISC presiding judges (in classified and unclassified forms).
- Unclassified version publicly posted on Department of Justice (DOJ) and Office of the Director of National Intelligence (ODNI) websites.
- Future AI Access Requirements (Section 3):
- Before any new AI system accesses unminimized FISA data, AG and DNI must notify the same congressional committees and FISC judges.
- Notification includes: proposed name, function, and data access.
- Includes an assessment of compliance with FISA, FISC procedures, and other laws/regulations.
Significant Changes to Existing Law
- Introduces mandatory reporting and pre-approval notifications for AI use with sensitive FISA data, which were not previously required.
- No direct amendments to FISA, but adds oversight layers for AI integration into intelligence processes.
Potential Impacts
- Government Agencies: Increases administrative burden on DOJ, ODNI, and intelligence agencies for documentation, reporting, and compliance checks; may slow AI adoption in surveillance.
- Citizens: Enhances congressional and public transparency on AI in surveillance, potentially building trust; unclassified reports could inform privacy debates.
- International Relations: Minimal direct impact, but greater scrutiny of AI in foreign intelligence could affect U.S. intelligence-sharing with allies.
Main Stakeholders
- Intelligence Community: DOJ, ODNI, and agencies like FBI/CIA using FISA data and AI.
- Congress: Intelligence and Judiciary Committees (oversight role).
- Judiciary: FISC presiding judges (review compliance).
- Private Sector: AI developers or trainers providing systems to government.
- Public: Gains access to unclassified summaries, affecting privacy advocacy groups.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens accountability for AI in FISA (balancing national security with oversight); ensures compliance with minimization rules (protecting U.S. persons' data).
- Constitutional: Supports Fourth Amendment privacy protections by mandating human review and court notifications, addressing AI risks like bias or errors in surveillance.
- Political: Bipartisan potential in transparency push; could spark debates on AI regulation in intelligence amid growing tech concerns, without restricting operations outright.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-27: Read twice and referred to the Committee on the Judiciary.
- 2026-04-27: Introduced in Senate
Bill Versions
- To require a report on the use of artificial intelligence with respect to access to unminimized information collected pursuant to the Foreign Intelligence Surveillance Act of 1978, and for other purposes. — issued 2026-04-27 — PDF (5 pages)