Congress demands transparency on AI access to your surveillance data
S. 4402 — 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. · Filed by Adam Schiff (D-CA) · Introduced Apr 27, 2026 · Referred to committee
Your members of Congress
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What it does
This bill requires the Attorney General and Director of National Intelligence to report within 120 days on all AI systems that have access to unminimized surveillance data collected under the Foreign Intelligence Surveillance Act (FISA). The report must detail each system's name, function, testing, developer, training data, access level, and any prior court review. Before deploying any new AI system to such data, the agencies must notify Congress and the FISA courts and assess legal compliance.
Why we flagged it
The bill's core mechanism is mandatory disclosure and pre-deployment review of AI systems accessing classified surveillance data. It is fundamentally a transparency and accountability measure, not a deregulation, subsidy, or carve-out.
What the text implies
- The bill does not restrict or prohibit AI use in FISA surveillance—it only requires reporting and notification. Agencies retain full authority to deploy AI systems after notifying Congress and the FISA courts.
- The unclassified version will be publicly available, but the classified version (likely containing the most sensitive details about AI capabilities and access) will remain restricted to Congress and the courts.
- The 120-day reporting deadline applies only to systems already in use; the bill does not specify penalties or enforcement mechanisms if agencies fail to report or misrepresent their AI systems.
- The bill requires assessment of legal compliance but does not empower Congress or the courts to block deployment—it is a notification and review requirement, not a veto mechanism.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Citizens and their elected representatives gain transparency into how AI is being used to access their surveillance data, enabling democratic oversight of a powerful and previously opaque surveillance tool. The requirement for pre-deployment legal review and notification creates a check on unilateral agency expansion of AI surveillance capabilities.
Named in the bill
Attorney General, Director of National Intelligence, Foreign Intelligence Surveillance Act of 1978, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Court of Review, Senate Committee on the Judiciary, House Committee on the Judiciary, Congressional Intelligence Committees, National Artificial Intelligence Initiative Act of 2020, Department of Justice, Office of the Director of National Intelligence
Where it stands
- Apr 27, 2026 — Introduced · Congress.gov: “Introduced in Senate”
- Apr 27, 2026 — Referred to Senate Committee on the Judiciary · Congress.gov: “Read twice and referred to the Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (5,024 characters) on Jun 3, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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