S. 4739
Introduced in Senate · June 16, 2026June 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 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”.
SEC. 2. Prohibition on warrantless acquisition of domestic communications pursuant to Section 702.