S. 4402

119 S4402 IS: 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.
 U.S. Senate
 2026-04-27
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 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. 4402  IN THE SENATE OF THE UNITED STATES   April 27, 2026   Mr. Schiff  introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    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.
1.
Definition of artificial intelligence
In this Act, the term  artificial intelligence  has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401 ).
2.
Report on use of artificial intelligence
(a)
In general
Not later than 120 days after the date of the enactment of this Act, the Attorney General and the Director of National Intelligence shall jointly submit to the entities and individuals specified in subsection (c) a report describing all use of artificial intelligence with access to unminimized information collected pursuant to any section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ).
(b)
Contents
The report required by subsection (a) shall include, for each use of artificial intelligence included in the report, the following:
(1)
The name of the artificial intelligence system, if applicable, and a description of its use, function, and purpose.
(2)
A description of the testing and evaluation process prior to adoption, as well as the process for continuous monitoring of the system’s performance, including a description of mechanisms and protocols for continuous human review.
(3)
An identification of the entity, whether an office within a government agency or a private entity, that developed, trained, initiated the training of, or intentionally modified the artificial intelligence system.
(4)
A description of the data used to train or fine-tune the artificial intelligence system, including a description of the fitness of the selected model and its training data for the functions described in paragraph (1), as well as any stated limitations of the selected model indicated in documentation associated with the selected model.
(5)
An identification of—
(A)
when the artificial intelligence system was initially allowed access to unminimized information collected pursuant to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. );
(B)
what access the artificial intelligence system has to that information; and
(C)
any additional data sources the artificial intelligence system uses for operation in the functions identified in paragraph (1).
(6)
Whether the use of the artificial intelligence system has previously been reported to the entities and individuals specified in subsection (c) and, if so, whether the Foreign Intelligence Surveillance Court has issued any orders or opinions regarding the use of the artificial intelligence, including as part of minimization or targeting procedures.
(7)
Any additional information determined necessary by the Attorney General or the Director of National Intelligence.
(c)
Entities and individuals specified
The entities and individuals specified in this subsection are—
(1)
the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ));
(2)
the Committee on the Judiciary of the Senate;
(3)
the Committee on the Judiciary of the House of Representatives;
(4)
the presiding judge of the Foreign Intelligence Surveillance Court; and
(5)
the presiding judge of the Foreign Intelligence Surveillance Court of Review.
(d)
Form
The report required by subsection (a) shall be submitted in unclassified and classified form.
(e)
Public availability
The unclassified version of the report required by subsection (a) shall be made publicly available on the websites of the Department of Justice and the Office of the Director of National Intelligence.
3.
Requirement relating to use of artificial intelligence
Before providing any future artificial intelligence system with access to unminimized information collected pursuant to any section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), the Attorney General and the Director of National Intelligence shall jointly provide to the entities and individuals specified in section 2(c) the following:
(1)
A notification describing the proposed name, function, and access to information of the artificial intelligence system.
(2)
An assessment of whether such use of the artificial intelligence complies with the Foreign Intelligence Surveillance Act, existing procedures or opinions adopted or issued by the Foreign Intelligence Surveillance Court, and any other applicable laws, directives, and regulations.