S3918119th CongressWALLET

Government Surveillance Transparency Act of 2026

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

Introduced

Summary

Transparency for criminal surveillance orders is the main goal. The Government Surveillance Transparency Act of 2026 would create a new Chapter 206A in Title 18 and would set strict rules for sealing, docketing, electronic filing, notice, and public reporting of criminal surveillance orders.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Public court dockets and case IDs

If enacted, the bill would require courts to file surveillance applications and inventories electronically and publish unsealed materials in text-searchable form. Courts would publish open, machine-readable public dockets with required fields and bulk-download access, and records must meet accessibility rules. Each target would get a unique case number and generic public captions to protect identities. Judges and the Administrative Office would report and publish machine-readable summaries, and orders must certify compliance to help cross-jurisdiction recognition.

Which surveillance orders are covered

If enacted, the bill would define "criminal surveillance order" to cover many order types. That list would include wiretaps, pen registers, mobile tracking orders, disclosure orders, delayed-notice orders, search warrants, military warrants, and third-party assistance orders. The definition would apply across Federal, State, Tribal, and military proceedings as specified.

Limits on sealing and challenges

If enacted, the bill would limit how long courts may keep surveillance records sealed. Initial sealing would be up to 180 days, with one 180-day renewal allowed on certification and further renewals only after a particularized showing. Courts would automatically unseal documents by the next business day after a seal expires, and the government would get 10 business days' notice before unsealing. Anyone could challenge sealing, and a challenger who substantially prevails would recover litigation costs and attorney fees.

Earlier notice and provider inventories

If enacted, the bill would require government entities to notify subscribers or customers before getting their records when feasible, unless delayed under section 2705. If contact details are missing, notice must be given within 7 days after the provider supplies adequate contact information. The bill would require prompt, detailed inventories when providers disclose data and require returns to the court if providers disclosed data not authorized by the court or if searches exceeded authorization.

Grants and funding for court changes

If enacted, the bill would authorize $1,000,000 for the Administrative Office of the U.S. Courts and up to $25,000,000 in grants over five years. The Attorney General would award grants to State and Tribal courts to help pay for implementing the Act's electronic filing, docketing, and access rules.

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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