Bill
S 4402
Establishes a joint, pre‑access review and mandatory reporting framework to govern any AI systems with access to unminimized FISA data, ensuring transparency and accountability.
Purpose
- To require a joint report on the use of artificial intelligence (AI) with access to unminimized information collected under the Foreign Intelligence Surveillance Act of 1978 (FISA), and to establish procedures for future AI access to such information.
Key Provisions
1) Definition
- The bill adopts the definition of “artificial intelligence” as set forth in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
2) Report on Use of AI (Section 2)
- Timing: Not later than 120 days after enactment.
- Responsible officials: The Attorney General and the Director of National Intelligence (DNI) must jointly submit the report.
- Recipients: The report must be provided to the entities and individuals listed in subsection (c) (see below).
- Content requirements (for each AI system with access to unminimized FISA information):
- Identify the AI system (name, if applicable) and describe its use, function, and purpose.
- Describe testing and evaluation prior to adoption and the ongoing performance monitoring process, including human review mechanisms.
- Identify the entity (government office or private entity) that developed, trained, initiated training, or modified the AI system.
- Describe training data and model fitness/limitations, including documentation on any stated model limitations.
- Identify when the AI system was first granted access to unminimized FISA information, the scope of its access, and any additional data sources used.
- Indicate whether the AI system's use has been reported previously to the specified entities and individuals, and whether FISA Court orders or opinions exist related to the AI’s use (including minimization or targeting procedures).
- Include any other information deemed necessary by the Attorney General or DNI.
- Recipients (subsection c):
- Congressional intelligence committees (as defined by the National Security Act).
- Senate Judiciary Committee.
- House Judiciary Committee.
- Presiding judge of the Foreign Intelligence Surveillance Court (FISC).
- Presiding judge of the Foreign Intelligence Surveillance Court of Review.
- Form and public access:
- The report must be provided in both unclassified and classified forms.
- The unclassified version must be published on the websites of the Department of Justice (DOJ) and the Office of the Director of National Intelligence (ODNI).
3) Pre-Access Notification Requirement (Section 3)
- Before allowing any future AI system to access unminimized FISA information, the Attorney General and DNI must jointly provide to the same list of recipients:
- A notification detailing the proposed AI system’s name, function, and access to information.
- An assessment of whether the proposed use complies with FISA, existing FISC procedures/opinions, and other applicable laws, directives, and regulations.
Overall Effect
- Establishes a formal, government-wide accountability framework for AI systems that are granted access to unminimized FISA data.
- Increases transparency (to Congress and designated courts) through required reporting, while balancing security by requiring dual (classified/unclassified) forms.
- Creates a pre-access review process to assess compliance with FISA and related rules before any new AI system gains access to unminimized information.
Impact and Stakeholders
Affected Parties:
Data and Compliance Implications:
Procedural and Timeline Notes
Sponsor
- Primary sponsor: Senator Adam Schiff (co-sponsor listed).
This bill seeks to increase transparency and oversight regarding AI systems that handle highly sensitive, unminimized intelligence data collected under FISA, including a mandated post-hoc report and a pre-access review process for future AI deployments.
Compiled from official sources — confirm details with the bill’s official record.
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