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.
- Bill Number
- S. 4738
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-06-10: Read twice and referred to the Select Committee on Intelligence.
- Last Updated
- 2026-06-22T20:16:00Z
AI-Generated Summary
Summary of S. 4738
Purpose of the Legislation
This bill amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to strengthen protections against warrantless government access to the communications and data of U.S. persons and individuals located in the United States. It also extends the authorization for Section 702 surveillance authorities by nine months.
Key Provisions Outlined
- Amendments to Query Rules: Updates Section 702(f) of FISA with new definitions for "covered information" (communications content and data requiring a warrant for law enforcement), "covered person" (U.S. persons or those in the U.S.), "covered query," and "query" (any technique to retrieve acquired data).
- Prohibition on Warrantless Access: Bans federal officers from accessing covered information from covered queries without authorization, except in specific cases.
- Exceptions include active court orders or warrants, imminent emergencies involving death or serious harm (with post-access reporting), consent from the individual, or defensive cybersecurity purposes.
- Requires foreign intelligence purpose for most queries, with limited FBI exceptions for emergencies or legal discovery obligations.
- Documentation Requirements: Mandates electronic records for all queries and accesses, including terms used, dates, officer identifiers, and justifications; agencies must maintain systems to track these.
- Compliance Reporting: Requires agency heads to report on adherence to record-keeping rules within 90 days of enactment.
- Extension of Section 702: Extends the sunset date for Title VII authorities from June 12, 2026, to March 12, 2027.
Significant Changes to Existing Law Introduced
- Replaces prior limitations focused only on U.S. persons with broader "covered person" rules that include individuals in the U.S.
- Introduces a general warrant requirement for accessing query results, shifting from previous minimization procedures.
- Adds mandatory documentation and auditing for queries, along with judicial review for emergency exceptions.
- Extends existing surveillance powers without substantive reforms to the core collection authorities.
Potential Impacts
- On Government Agencies: Intelligence and law enforcement agencies (such as the FBI) would face stricter query protocols, increased documentation burdens, and potential delays in accessing data during non-emergency situations.
- On Citizens: Enhances privacy safeguards for U.S. persons and residents by limiting warrantless reviews of their communications, with exceptions only for narrow circumstances.
- On International Relations: Minimal direct effects, though extended surveillance authorities could influence data-sharing agreements with foreign partners.
Main Stakeholders Affected
- Federal intelligence and law enforcement agencies authorized under FISA.
- U.S. persons and individuals located in the United States whose data may be queried.
- Congressional oversight committees (intelligence and judiciary).
- The Foreign Intelligence Surveillance Court, which gains additional review responsibilities.
Notable Legal, Constitutional, or Political Implications
- Strengthens Fourth Amendment-like protections by requiring warrants or equivalent authorizations for domestic-related queries, potentially addressing prior concerns about incidental collection.
- Introduces new judicial oversight mechanisms for emergency access, which could lead to stricter enforcement of probable cause standards.
- The short-term extension maintains continuity of surveillance programs while reforms are debated, balancing national security needs with privacy reforms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-10: Read twice and referred to the Select Committee on Intelligence.
- 2026-06-10: Introduced in Senate
Bill Versions
- 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. — issued 2026-06-10 — PDF (15 pages)