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119-s-3918119th Congress

Government Surveillance Transparency Act of 2026

Sponsored By: Senator Wyden, Ron [D-OR]

Introduced

Summary

Public transparency for criminal surveillance orders and limits on long-term secrecy. This bill would create a new Chapter 206A that defines covered surveillance authorities, requires public, text-searchable dockets, restricts sealing and delayed notice, and builds clear paths to challenge or unseal orders and redactions.

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  • Individuals and targets: Creates a right for any person to petition to unseal or challenge redactions and sets automatic unsealing and 10-business-day notice when seals expire. It limits routine sealing to certified periods, generally capped at 180 days, and requires courts to review factual bases for secrecy.
  • Courts and service providers: Requires machine-readable public dockets with case-level metadata and substantive access to applications and orders unless sealed. Adds inventory and Rule 41 reporting duties and directs judges to report order counts and details to the Administrative Office of the United States Courts for an annual public report.
  • States and Tribes: Ties state and tribal recognition to conformity with the new chapter, phases implementation over 2 to 4 years for jurisdictions that need time, and creates a grant program to help with compliance capped at $25.0 million.

*Would authorize up to $25.0 million in grants and appropriate $1.0 million for implementation, increasing potential federal spending by up to $26.0 million.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Limits on secrecy, delays, and warrants

If enacted, the bill would sharply limit how long courts can seal surveillance orders and delay notice. If enacted, sealing would generally end at the later of the execution date or the authorized surveillance end, except for narrow 180‑day sealing orders that may be renewed once; further renewals would need detailed, particularized facts. If enacted, most delayed‑notice or preclusion orders would be limited to 180 days with a single 180‑day extension and specific rules for further extensions. If enacted, certain location‑tracking and delayed‑notice authorities would be capped at 180 days and warrants would have to list the statute or rule that authorizes the search.

Provider notice, inventories, and unsealing

If enacted, providers who disclose customer data not authorized by a court would have to promptly return a detailed inventory to the court saying what data was shared. If enacted, courts must include inventories in Rule 41 returns and require disclosure when the government obtained data or searches beyond the court's authorization. If enacted, the bill would require notice to subscribers or customers before surveillance unless notice is lawfully delayed, and it would require notice within 7 days after a provider later supplies contact information. If enacted, any person could ask a court to unseal an application, order, or inventory or to challenge redactions, and courts must hear those petitions.

Public dockets, reports, and grants

If enacted, the bill would require courts to file surveillance applications and inventories electronically and publish public dockets as open data. If enacted, judges would report details each January to the Administrative Office of the U.S. Courts, and AOUSC would publish a public report each June. If enacted, courts would need to certify compliance with the new Chapter 206A to get full faith and credit, with most rules starting two years after enactment and some State or Tribal courts allowed up to four years to comply. If enacted, the law would authorize $1 million for AOUSC implementation and up to $25 million in grants to help State and Tribal courts modernize.

Sponsors & CoSponsors

Sponsor

Wyden, Ron [D-OR]

OR • D

Cosponsors

  • Sen. Daines, Steve [R-MT]

    MT • R

    Sponsored 2/25/2026

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 2/25/2026

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 2/25/2026

Roll Call Votes

No roll call votes available for this bill.

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