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SENATE-BILL 4402119th Congress

SENATE-BILL 4402: 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.

Introduced: April 27, 2026
Status: Introduced
R.for.R

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SENATE-BILL 4402 aims to enhance transparency and accountability in the government's use of artificial intelligence (AI) for accessing unminimized information collected under the Foreign Intelligence Surveillance Act (FISA). The legislation addresses major themes of privacy rights, government surveillance practices, and the balance between national security and individual freedoms. Key provisions include mandatory reporting on AI usage, which will be made public in unclassified form, and requirements for future AI systems to comply with FISA before accessing sensitive information. These changes are intended to protect individual rights and ensure oversight of surveillance practices. The bill raises potential impacts concerning the privacy of individuals, as it may lead to increased scrutiny of government actions and the potential for abuse of surveillance powers. The constitutional provisions implicated include Amendment I, which relates to free speech and association; Amendment IV, which protects against unreasonable searches and seizures; and Amendment V, which addresses due process concerns. Additionally, the bill amends senate-bill 4740, further contextualizing its legal implications and the existing framework surrounding surveillance and privacy rights.

Detailed Analysis

Section 1

Summary
Individuals
Impact

The bill requires reporting on the use of artificial intelligence (AI) in accessing unminimized information collected under the Foreign Intelligence Surveillance Act (FISA), which may affect individuals' privacy rights and the handling of their personal data.

Transparency

The requirement for reports to be made public (in unclassified form) aims to enhance transparency regarding government surveillance practices and the use of AI, potentially empowering individuals to understand how their data is being used.

Constitutional Rights
Amendment I

The First Amendment may be implicated as the use of AI in surveillance could affect free speech and association rights if individuals are monitored based on their communications.

Amendment IV

The Fourth Amendment is directly relevant as it protects against unreasonable searches and seizures, raising concerns about the unminimized access to personal information without adequate oversight.

Amendment V

The Fifth Amendment may be affected in terms of due process if individuals are subjected to surveillance without proper legal justification or recourse.

Constitutional Concerns
Privacy

There are significant concerns regarding the potential for abuse of surveillance powers and the lack of adequate safeguards to protect individual privacy rights.

Oversight

The bill establishes a framework for oversight but may not fully address the need for judicial review or public accountability, which could lead to unchecked government surveillance.

Key Points
Reporting Requirements

The bill mandates a report on AI usage with specific details, which could help ensure accountability and transparency in government surveillance practices.

Notification Before Access

Future AI systems must be assessed for compliance with FISA and related laws before being granted access to sensitive information, which could protect individual rights if implemented effectively.

Existing Legal Context
Constitutional Provisions
  • Amendment I
  • Amendment IV
  • Amendment V
Related Bills
  • senate-bill 4740

Constitutional Analysis

R.for.R

This bill has been analyzed for constitutional compliance using AI-powered analysis of constitutional principles and precedents.

Analysis generated using AI-powered review of constitutional principles and legal precedents.

Legal Framework

The legal framework behind this bill — the statutes it references, the constitutional provisions it implicates, and other bills it relates to.

Related Constitutional Provisions

Amendment IAmendment IVAmendment V

Related Legislation

80% confidence

aims to regulate the use of artificial intelligence in accessing unminimized information collected under the Foreign Intelligence Surveillance Act

Conflicts withSENATE-BILL 4342
50% confidence

addresses the use of AI in surveillance, which may overlap with the authorities extended by the FISA

Conflicts withSENATE-BILL 4344
50% confidence

addresses the use of AI in surveillance, which may overlap with the authorities extended by the FISA

Conflicts withSENATE-BILL 4444
50% confidence

addresses the use of AI in surveillance, which may overlap with the authorities extended by the FISA Amendments Act

Conflicts withSENATE-BILL 4465
50% confidence

addresses the use of AI in surveillance, which may overlap with the authorities extended by the FISA Amendments Act

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Policy Topics

Timeline

April 27, 2026

Bill Introduced

Current

Introduced

June 18, 2026

Last Updated

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