S. 4739

119 S4739 IS: To implement reforms relating to foreign intelligence surveillance authorities, to prohibit reverse targeting of United States persons and persons located in the United States, and for other purposes.
 U.S. Senate
 2026-06-10
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 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. 4739  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 implement reforms relating to foreign intelligence surveillance authorities, to prohibit reverse targeting of United States persons and persons located in the United States, and for other purposes.
1.
Prohibition on reverse targeting of United States persons and persons located in the United States
(a)
Definition of covered person
Section 701(b) of the Foreign Intelligence Surveillance Act ( 50 U.S.C. 1881 ) is amended by adding at the end the following new paragraph:
(6)
Covered person
The term  covered person  means, with respect to a query, a communication, an acquisition, or creation of information, a person who is—
(A)
a United States person; or
(B)
a person known or believed to be located in the United States—
(i)
at the time of the applicable query; or
(ii)
at the time of the acquisition, communication, or creation of the information subject to the applicable query.
 .
(b)
Prohibition on reverse targeting
Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended—
(1)
in subsection (b)—
(A)
in paragraph (5), by striking  ; and  and inserting a semicolon;
(B)
by redesignating paragraph (6) as paragraph (7); and
(C)
by inserting after paragraph (5) the following:
(6)
may not intentionally target a person reasonably believed to be located outside the United States if a significant purpose of such acquisition is to acquire the information of one or more particular, known covered persons, unless—
(A)
(i)
there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm to such covered persons;
(ii)
the information is sought for the purpose of assisting that covered persons; and
(iii)
not later than 14 days after the targeting, a description of the targeting is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate; or
(B)
the covered persons have provided consent to the targeting, or if such persons are incapable of providing consent, a third party legally authorized to consent on behalf of such covered person has provided consent; and
 ;
(2)
in subsection (d)(1), by amending subparagraph (A) to read as follows:
(A)
ensure that—
(i)
any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(ii)
except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and
 ;
(3)
in subsection (h)(2)(A)(i), by amending subclause (I) to read as follows:
(I)
ensure that—
(aa)
an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(bb)
except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and
   ; and
(4)
in subsection (j)(2)(B), by amending clause (i) to read as follows:
(i)
ensure that—
(I)
an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and
(II)
except as provided in subsection (b)(6), it is not a significant purpose of an acquisition to acquire the information of one or more particular, known covered persons; and
 .
2.
Prohibition on warrantless acquisition of domestic communications pursuant to Section 702
Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended—
(1)
in subsection (b)(4), by striking  known at the time of the acquisition  and inserting  known or believed at the time of acquisition or communication ;
(2)
in subsection (d)(1)(B), by striking  known at the time of the acquisition  and inserting  known or believed at the time of acquisition or communication ;
(3)
in subsection (h)(2)(A)(i)(II), by striking  known at the time of the acquisition  and inserting  known or believed at the time of acquisition or communication ; and
(4)
in subsection (j)(2)(B)(ii), by striking  known at the time of the acquisition  and inserting  known or believed at the time of acquisition or communication .
3.
Court supervision of collection targeting United States persons and persons located inside the United States
(a)
In general
Title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 et seq. ) is amended—
(1)
by striking sections 703, 704, and 705 ( 50 U.S.C. 1881b , 1881c, and 1881d); and
(2)
by inserting after section 702 ( 50 U.S.C. 1881a ) the following:
703.
Acquisitions targeting United States persons and persons located inside the United States
(a)
Warrant requirement
No officer or employee of the Federal Government may intentionally target a covered person for the purpose of acquiring foreign intelligence information, where such acquisition would be of communications content, location information, web browsing history, or internet search history of the covered person, or the acquisition would occur under circumstances in which the person has a reasonable expectation of privacy, or a warrant would be required for the acquisition of such information if the officer or employee sought to compel production of the information inside the United States for law enforcement purposes, unless such person is the subject of—
(1)
an order or emergency authorization under section 105 or 304 of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such order or authorization; or
(2)
a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such warrant.
(b)
Pen register or trap and trace
No officer or employee of the Federal Government may intentionally target a covered person for the purpose of collecting foreign intelligence information through the installation and use of a pen register or trap and trace device, or to acquire information the compelled production of which would require a pen register or trap and trace device order if conducted inside the United States, unless such person is the subject of—
(1)
an order or emergency authorization under title IV of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such authorization; or
(2)
an order has been issued pursuant to section 3123 of title 18, United States Code, by a court of competent jurisdiction covering the period of the acquisition.
(c)
Matters relating to emergency acquisition
If an acquisition is conducted pursuant to an emergency authorization described in subsection (a)(1) or (b)(1) and the subsequent application to authorize electronic surveillance, a physical search, an acquisition, or the installation and use of a pen register or trap and trace device pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or in any other case in which the acquisition has been conducted and no order is issued approving the acquisition—
(1)
no information obtained or evidence derived from such acquisition may be used, received in evidence, or otherwise disseminated in any investigation, trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and
(2)
no information obtained or evidence derived from such acquisition concerning a covered person may subsequently be used or disclosed in any other manner without the consent of such person, except with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person.
(d)
Rule of construction
Subsections (a), (b), and (c) shall apply regardless of the location of the acquisition.
 .
(b)
Conforming amendments
The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is further amended—
(1)
in section 601(a)(1) ( 50 U.S.C. 1871(a)(1) )—
(A)
by striking subparagraphs (D) through (F); and
(B)
in subparagraph (B), by striking the semicolon and inserting  ; and ;
(2)
in section 603(b)(1) ( 50 U.S.C. 1873(b)(1) ), in the matter before subparagraph (A), by striking  and sections 703 and 704 ; and
(3)
in section 706 ( 50 U.S.C. 1881e ), by striking subsection (b).
(c)
Clerical amendment
The table of contents for such Act is amended—
(1)
by striking the items relating to sections 703, 704, and 705; and
(2)
by inserting after the item relating to section 702 the following:
Sec. 703. Acquisitions targeting United States persons and persons located inside the United States.
  .
4.
Three-month extension of section 702 of the Foreign Intelligence Surveillance Act of 1978
(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  September 18, 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  September 18, 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.