S 4280 is sponsored by Durbin, Richard J. (Democratic), Lummis, Cynthia M. (Republican), Hirono, Mazie K. (Democratic), Cramer, Kevin (Republican), Sanders, Bernard (Independent), Scott, Rick (Republican), Booker, Cory A. (Democratic), Cruz, Ted (Republican), Markey, Edward J. (Democratic), Daines, Steve (Republican), Wyden, Ron (Democratic), and Lee, Mike (Republican).

What is the current status of S 4280?

This bill is in committee in the Senate. Introduced April 13, 2026. It must pass committee before a floor vote.

Where can I track S 4280?

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S 4280: SAFE Act | One Click Politics

Bill Text

Placed on Calendar Senate View text Current html April 14, 2026

Sections of law this bill changes

16 sections in 3 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Wire and electronic communications interception and interception of oral communications · 18 U.S.C. ch. 119 1 section

§ 2511 Interception and disclosure of wire, oral, or electronic communications prohibited Amends

18 U.S.C. § 2511 — at 2511(2)(a)

The law today

(1) Except as otherwise specifically provided in this chapter any person who—(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when—(i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) such device transmits communications by radio, or interferes with the transmission of such communication; or (iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (e) (i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (2) (a) (i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with—(A) a court ...

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Stored wire and electronic communications and transactional records access · 18 U.S.C. ch. 121 3 sections

§ 2702 Voluntary disclosure of customer communications or records Amends

18 U.S.C. § 2702 — at 2702(a)

The law today

(a) Prohibitions.— Except as provided in subsection (b) or (c)— (1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and (2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service— (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing; and (3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity. (b) Exceptions for disclosure of communications.— A provider described in subsection (a) may divulge the contents of a communication— (1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient; (2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of this title; (3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service; (4) to a person employed or authorized or whose facilities are used to forward such communication to its destination; (5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (6) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; (7) to a law enforcement agency— (A) if the contents— (i) were inadvertently obtained by the service provider; and (ii) appear to pertain to the commission of a crime; or [(B) Repealed. Pub. L. 108–21, title V, § 508(b)(1)(A), Apr. 30, 2003, 117 Stat. 684] (8) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency; or (9) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523. (c) Exceptions for Disclosure of Customer Records.— A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))— (1) as otherwise authorized in section 2703; (2) with the lawful consent of the customer or subscriber; (3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; (4) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency; (5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A; (6) to any person other than a governmental entity; or (7) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General h...

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§ 2703 Required disclosure of customer communications or records Amends

18 U.S.C. § 2703

The law today

(a) Contents of Wire or Electronic Communications in Electronic Storage.— A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section. (b) Contents of Wire or Electronic Communications in a Remote Computing Service.— (1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection— (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction; or (B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity— (i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or (ii) obtains a court order for such disclosure under subsection (d) of this section; except that delayed notice may be given pursuant to section 2705 of this title. (2) Paragraph (1) is applicable with respect to any wire or electronic communication that is held or maintained on that service— (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. (c) Records Concerning Electronic Communication Service or Remote Computing Service.— (1) A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction; (B) obtains a court order for such disclosure under subsection (d) of this section; (C) has the consent of the subscriber or customer to such disclosure; (D) submits a form...

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§ 2711 Definitions for chapter Amends

18 U.S.C. § 2711

The law today

As used in this chapter— (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; (2) the term “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system; (3) the term “court of competent jurisdiction” includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or (C) a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a military judge has been detailed; and (4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof.

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Foreign intelligence surveillance · 50 U.S.C. ch. 36 9 sections Amends the act as a whole 1 repealed

§ 1803 Designation of judges Amends

50 U.S.C. § 1803 — at 1803(i)(2), 1803(i), and 1803(i)(6)

The law today

(a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). (2) (A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 1 of this title or paragraph (4) or (5) of section 1881a(i) of this title, hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that— (i) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (ii) the proceeding involves a question of exceptional importance. (B) Any authority granted by this chapter to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this chapter on the exercise of such authority. (C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection. (b) Court of review; record, transmittal to Supreme Court The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. (c) Expeditious conduct of proceedings; security measures for maintenance of records Proceedings under this chapter shall be conducted as expeditiously as possible, and hearings shall be transcribed. The record of proceedings under this chapter, including applications made, transcriptions of hearings, and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of National Intelligence. Transcriptions and any related records, including testimony and affidavits, shall be stored in a file associated with the relevant application or order. (d) Tenure Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years. (e) Jurisdiction and procedures for review of petitions (1) Three judges designated under...

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§ 1804 Applications for court orders Repeals

50 U.S.C. § 1804 — at 1804(a)(13)

The law today

(a) Submission by Federal officer; approval of Attorney General; contents Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include— (1) the identity of the Federal officer making the application; (2) the identity, if known, or a description of the specific target of the electronic surveillance; (3) a sworn statement of the facts and circumstances relied upon by the applicant to justify his belief that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (4) a statement of the proposed minimization procedures; (5) a description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance; (6) a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official— (A) that the certifying official deems the information sought to be foreign intelligence information; (B) that a significant purpose of the surveillance is to obtain foreign intelligence information; (C) that such information cannot reasonably be obtained by normal investigative techniques; (D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; (E) including a statement of the basis for the certification that— (i) the information sought is the type of foreign intelligence information designated; and (ii) such information cannot reasonably be obtained by normal investigative techniques; and 1 (F) that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless— (i) the political organization is clearly identified in the body of the statement described in paragraph (3); (ii) the information has been corroborated; and (iii) the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and (G) that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, and where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information; (7) a summary statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance; (8) a statement of the facts concerning all previous applications that have been made...

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§ 1805 Issuance of order Amends

50 U.S.C. § 1805 — at 1805(a)

The law today

(a) Necessary findings Upon an application made pursuant to section 1804 of this title, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that— (1) the application has been made by a Federal officer and approved by the Attorney General; (2) on the basis of the facts submitted by the applicant there is probable cause to believe that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (3) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) of this title; and (4) the application which has been filed contains all statements and certifications required by section 1804 of this title and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804(a)(7)(E) 1 of this title and any other information furnished under section 1804(d) 1 of this title. (b) Determination of probable cause In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target. (c) Specifications and directions of orders (1) Specifications.— An order approving an electronic surveillance under this section shall specify— (A) the identity, if known, or a description of the specific target of the electronic surveillance identified or described in the application pursuant to section 1804(a)(3) of this title; (B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; (C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance; (D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance; and (E) the period of time during which the electronic surveillance is approved. (2) direct— 2 (A) that the minimization procedures be followed; (B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance; (C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and (D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid. (3) Special directions for certain orders.— An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of— (A) the nature and location of each new facili...

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§ 1809 Criminal sanctions Amends

50 U.S.C. § 1809 — at 1809(a)

The law today

(a) Prohibited activities A person is guilty of an offense if he— (1) intentionally engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; (2) intentionally discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; or (3) knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States an application, in whole or in part, for an order for electronic surveillance under this chapter. (b) Defense It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. (c) Penalty A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both. (d) Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

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§ 1872 Declassification of significant decisions, orders, and opinions Amends

50 U.S.C. § 1872 — at 1872(a)

The law today

(a) Declassification required Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review, to be concluded as soon as practicable, but not later than 180 days after the commencement of such review, of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 1871(e) of this title) that includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of the term “specific selection term”, and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form. (c) National security waiver The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a), if— (1) the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) the Director of National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence— (A) summarizing the significant construction or interpretation of any provision of law, which shall include, to the extent consistent with national security, a description of the context in which the matter arises and any significant construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.

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§ 1873 Annual reports Amends

50 U.S.C. § 1873 — at 1873(b)(2), 1873(b), 1873(d), and 1873(d)(1)

The law today

(a) Report by Director of the Administrative Office of the United States Courts (1) Report required The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report that includes— (A) the number of applications or certifications for orders submitted under each of sections 1805, 1824, 1842, 1861,1 1881a, 1881b, and 1881c of this title; (B) the number of such orders granted under each of those sections; (C) the number of orders modified under each of those sections; (D) the number of applications or certifications denied under each of those sections; (E) the number of appointments of an individual to serve as amicus curiae under section 1803 of this title, including the name of each individual appointed to serve as amicus curiae; (F) the number of findings issued under section 1803(i) of this title that such appointment is not appropriate and the text of any such findings; and (G) the number of times the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 21 of title 18 and a description of each use of such authority. (2) Publication The Director shall make the report required under paragraph (1) publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph (F) of paragraph (1). (b) Mandatory reporting by Director of National Intelligence Except as provided in subsection (d), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period— (1) the total number of orders issued pursuant to subchapters I and II and sections 1881b and 1881c of this title and a good faith estimate of— (A) the number of targets of such orders; (B) the number of targets of such orders who are known to not be United States persons; and (C) the number of targets of such orders who are known to be United States persons; (2) the total number of orders issued pursuant to section 1881a of this title, including pursuant to subsection (f)(2) of such section, and a good faith estimate of— (A) the number of targets of such orders; (B) the number of search terms concerning a known United States person used to retrieve the unminimized contents (or combined unminimized contents and noncontents information) of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person; (C) the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person; 2 (D) the number of instances in which the Federal Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation of a United States person (who is not considered a threat to national security) based wholly or in part on an acquisition authorized under such section; (3) the total number of orders issued pursuant to subchapter III and a good faith estimate of— (A) the number of targets of such orders, including— (i) the number of targets of such orders who are known to not be United States persons; and (ii) the number of targets of such orders who are known to be United States persons; and (B) the number of unique ...

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§ 1881a Procedures for targeting certain persons outside the United States other than United States persons Amends

50 U.S.C. § 1881a — at 1881a(f), 1881a(n)(2), 1881a(i), and 1881a(h)(2)

The law today

(a) Authorization Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (j)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information. (b) Limitations An acquisition authorized under subsection (a)— (1) may not intentionally target any person known at the time of acquisition to be located in the United States; (2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States; (3) may not intentionally target a United States person reasonably believed to be located outside the United States; (4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; (5) may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a); and (6) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States. (c) Conduct of acquisition (1) In general An acquisition authorized under subsection (a) shall be conducted only in accordance with— (A) the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and (B) upon submission of a certification in accordance with subsection (h), such certification. (2) Determination A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (j)(3) prior to the implementation of such authorization. (3) Timing of determination The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)— (A) before the submission of a certification in accordance with subsection (h); or (B) by amending a certification pursuant to subsection (j)(1)(C) at any time during which judicial review under subsection (j) of such certification is pending. (4) Construction Nothing in subchapter I shall be construed to require an application for a court order under such subchapter for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States. (d) Targeting procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to— (A) ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and (B) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States. (2) Judicial review The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j). (e) Minimization procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate, for acquisitions authorized under subsection (a). (...

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§ 1881e Use of information acquired under this subchapter Amends

50 U.S.C. § 1881e — at 1881e(a)(2)(A)(i)

The law today

(a) Information acquired under section 1881a (1) In general Information acquired from an acquisition conducted under section 1881a of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title, except for the purposes of subsection (j) of such section. (2) United States persons (A) In general Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless— (i) the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or (ii) the Attorney General determines that— (I) the criminal proceeding affects, involves, or is related to the national security of the United States; or (II) the criminal proceeding involves— (aa) death; (bb) kidnapping; (cc) serious bodily injury, as defined in section 1365 of title 18; (dd) conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 20911 of title 34; (ee) incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42; (ff) cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18; (gg) transnational crime, including transnational narcotics trafficking and transnational organized crime; or (hh) human trafficking. (B) No judicial review A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review. (b) Information acquired under section 1881b Information acquired from an acquisition conducted under section 1881b of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title.

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§ 1881f Congressional oversight Amends

50 U.S.C. § 1881f

The law today

(a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter. (b) Content Each report under subsection (a) shall include— (1) with respect to section 1881a of this title— (A) any certifications submitted in accordance with section 1881a(h) of this title during the reporting period; (B) with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section; (C) any directives issued under section 1881a(i) of this title during the reporting period; (D) a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 1881a of this title and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 1881a of this title; (E) any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 1881a(i) of this title; (F) any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 1881a(a) of this title; (G) a description of any incidents of noncompliance— (i) with a directive issued by the Attorney General and the Director of National Intelligence under section 1881a(i) of this title, including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under section 1881a(i) of this title; and (ii) by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of section 1881a of this title; and (H) any procedures implementing section 1881a of this title; (2) with respect to section 1881b of this title— (A) the total number of applications made for orders under section 1881b(b) of this title; (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and (3) with respect to section 1881c of this title— (A) the total number of applications made for orders under section 1881c(b) of this title; (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications.

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Also cites: 18 U.S.C. § 119, 18 U.S.C. § 798, 18 U.S.C. § 2510, 26 U.S.C. § 7623, 28 U.S.C. § 1254, 50 U.S.C. § 1813, 50 U.S.C. § 1821, 50 U.S.C. § 1823, 50 U.S.C. § 1841, 50 U.S.C. § 1842, 50 U.S.C. § 1861, 50 U.S.C. § 1862 and 4 more

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces stricter regulations and oversight for the querying procedures of United States persons in foreign intelligence surveillance, enhancing transparency and accountability.

50 U.S.C. 1881a(f)

The term 'covered query' means a query that-- (I) is conducted using 1 or more terms associated with 1 or more covered persons, including but not limited to personally identifiable information; (II) is conducted in whole or in part for the purpose of detecting or retrieving information of or concerning 1 or more covered persons; or (III) is conducted with specific reason to believe the query will detect or retrieve information of or concerning 1 or more covered persons.

A new definition for 'covered query' is added, specifying the criteria for queries associated with individuals.
50 U.S.C. 1881a(f)

The Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements: (A) Training.-- A requirement that personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures prior to conducting any query, and on an annual basis thereafter.

A new training requirement for FBI personnel conducting queries is established.
50 U.S.C. 1881a(f)

A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows: Approval from an attorney at the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States elected official, a governor of a State, an appointee of the President or the governor of a State, a United States political candidate, a United States political organization or a United States person prominent in such organization, a United States media organization or a United States person who is a member of such organization.

Establishes a requirement for prior attorney approval for sensitive queries involving prominent individuals.
50 U.S.C. 1881a(f)

For each covered query, the Federal Bureau of Investigation shall keep a record of the query term or terms, the date of the query, the identifier of the personnel conducting the query, and the written statement of the specific factual basis required.

Mandates record-keeping for each query to ensure accountability and tracking.
50 U.S.C. 1881a(f)

~~paragraph (5)~~ → paragraph (5) as paragraph (6);

Reorganizes the existing paragraphs within the section.
50 U.S.C. 1881a(f)

The term 'query' means the use of any technique, whether manual or automated, to detect or retrieve information obtained through acquisitions authorized under subsection (a).

Clarifies and formalizes the definition of 'query' related to the information retrieval process.

Action History

April 14, 2026
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 371.
April 13, 2026
Introduced in Senate
April 13, 2026
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 535 not signed on

Sponsors (1)

Lee, Mike Republican

Not signed on (535)

535 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Subjects

public-safety civil-rights veterans

Frequently asked questions

Who sponsors S 4280?: S 4280 is sponsored by Durbin, Richard J. (Democratic), Lummis, Cynthia M. (Republican), Hirono, Mazie K. (Democratic), Cramer, Kevin (Republican), Sanders, Bernard (Independent), Scott, Rick (Republican), Booker, Cory A. (Democratic), Cruz, Ted (Republican), Markey, Edward J. (Democratic), Daines, Steve (Republican), Wyden, Ron (Democratic), and Lee, Mike (Republican).
What is the current status of S 4280?: This bill is in committee in the Senate. Introduced April 13, 2026. It must pass committee before a floor vote.
Where can I track S 4280?: Track S 4280 free on One Click Politics — get push/email alerts when it moves.

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