What does Preamble of HR 7738 do?

This bill aims to amend Title 18, United States Code, concerning criminal surveillance orders. It proposes requiring eventual notice to targets of criminal surveillance orders. The bill seeks to reform the use of non-disclosure orders to providers. It intends to prohibit the indefinite sealing of criminal surveillance orders.

What does SHORT TITLE. of HR 7738 do?

This bill is formally titled the Government Surveillance Transparency Act of 2026.

What does CRIMINAL SURVEILLANCE ORDERS. of HR 7738 do?

This section establishes Chapter 206A in Title 18 of the United States Code, concerning Criminal Surveillance Orders. It defines terms such as 'application,' 'pen register,' 'criminal surveillance order,' and 'inventory' within the context of this chapter. Generally, courts may not seal criminal surveillance orders, applications, or inventories for longer than the period after the order's execution or the end of authorized surveillance. An applicant can request a sealing for up to 180 days if they believe failure to seal will result in endangering life, flight from prosecution, destruction of evidence, intimidation of witnesses, or jeopardizing an investigation. The section also addresses delays in electronic filing for Federal, State, and Tribal courts based on security concerns. The amendments apply to applications filed and inventories returned on or after a specified date.

What does NOTICE TO COURTS OF UNLAWFUL SURVEILLANCE. of HR 7738 do?

This section amends Section 2703(d) of title 18, United States Code, to require a court order for disclosure to include an inventory described in Rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure if unauthorized data is disclosed. It amends Section 3123(b) of title 18, United States Code, to require an inventory under Rule 41(f)(1)(B) if unauthorized electronic data or dialing information is obtained. Rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure is amended to require inventories to disclose unauthorized data disclosures and searches exceeding court authorization. Inventories are required to disclose whether the provider disclosed unauthorized electronic data and provide detailed information regarding the disclosure. Inventories must also disclose if the government searched persons or property in a manner not authorized by the court and provide detailed information.

What does NOTICE TO SUBJECTS OF LAW ENFORCEMENT SURVEILLANCE. of HR 7738 do?

This section amends Section 2703 of Title 18, United States Code, related to the procedures for electronic surveillance. The amendments require compliance with warrant execution and return requirements in various subsections. Notice requirements to subscribers or customers are modified, with some delays permissible under Section 2705. Paragraph (3) of subsection (c) of Section 2703 is struck. Orders under Section 2703(d) must be issued in accordance with the Federal Rules of Criminal Procedure. Governmental entities receiving records or seeking orders must provide notice to subscribers or customers prior to surveillance, unless delayed under Section 2705. Section 1651 of Title 28, United States Code, is amended to require the Federal Government to comply with notice requirements applicable to warrants under the Federal Rules of Criminal Procedure when seeking orders from third parties. If a governmental entity receives a voluntary disclosure from a provider, it must provide notice to the subscriber or customer within 7 days, unless delayed under Section 2705.

What does DELAY AND PRECLUSION OF REQUIRED NOTICE. of HR 7738 do?

This section amends 18 U.S.C. § 2705 regarding the delay or preclusion of required notice to customers or subscribers. It allows a governmental entity to apply to a court for an order delaying notice under certain circumstances, such as when a warrant or order is sealed. The court may grant delays for sealed warrants or orders, and for subpoenas or emergency requests, with limitations on the duration of the delay, including extensions. The court may review the factual basis for certifications supporting delay orders. Governmental entities must notify the court when the reason for delaying notice no longer exists, triggering revocation of the order. Judges are required to report annually to the Administrative Office of the United States Courts regarding orders and extensions related to preclusion of notice. The Administrative Office of the United States Courts will publish a report annually on the number of applications, orders, and extensions granted or denied. Section 3103a of title 18, United States Code, is amended to include time limitations, not to exceed 180 days, for certain warrants. The table of sections for chapter 121 of title 18, United States Code, is amended to reflect the updated citation for section 2705.

What does INCENTIVES FOR STATE AND TRIBAL COURTS TO IMPLEMENT of HR 7738 do?

This section amends several sections of Title 18, United States Code, related to stored communications, wiretapping, pen registers, and trap and trace devices. The amendments generally require courts to certify compliance with chapter 206A of Title 18. Section 1738 of Title 28, United States Code, concerning full faith and credit, is amended to require criminal surveillance orders to contain a certification of compliance with chapter 206A to be entitled to full faith and credit. The amendments generally take effect two years after the date of enactment of this Act. However, the amendments apply four years after enactment to states or tribal courts that do not offer electronic docketing or public online access to dockets, or those that certify they need more time to comply.

What does MODERNIZING CRIMINAL SURVEILLANCE REPORTS. of HR 7738 do?

This section amends Title 18, United States Code, to require judges to report to the Administrative Office of the United States Courts regarding orders, warrants, and denials related to access to customer communications and records. These reports must include details such as the type of records sought, whether the order was granted or denied, the offense basis, and the investigative agency involved. The Director of the Administrative Office of the United States Courts is tasked with publishing an annual report on the Administrative Office's website, summarizing data from these reports. The Act also mandates reporting requirements for pen registers and trap and trace devices, similar to the requirements for customer communication surveillance. Additionally, the reporting requirements for emergency disclosures under Section 2702(d) of Title 18 are expanded to include publication on the Department of Justice website. The Director of the Administrative Office of the United States Courts must publish a machine-readable form for these reports, consulting with various entities.

What does GRANTS. of HR 7738 do?

This section establishes a grant program to assist State and Tribal court systems. The Attorney General is authorized to award grants to cover implementation costs related to amendments made by this Act. The grants will be available for a five-year period beginning on the date of enactment. The total amount of grants awarded under this section is capped at $25,000,000.

What does AUTHORIZATION OF APPROPRIATIONS. of HR 7738 do?

This section authorizes appropriations for the Administrative Office of the United States Courts. It authorizes $1,000,000 for the Administrative Office to implement the requirements of this Act and its amendments. This section also authorizes $25,000,000 to carry out the grant program under section 8.

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Government Surveillance Transparency Act of 2026 — HR. 7738

Last updated: 2/26/2026 · Introduced: 2/26/2026

Author: Ted Lieu (D-CA)

TL;DR (AI)

This bill establishes new rules and transparency requirements for criminal surveillance orders, including limitations on how long such orders can be sealed.
It mandates inventories of data collected during surveillance, including disclosures of unauthorized data access and searches exceeding court authorization.
The bill requires government entities to provide notice to individuals subject to surveillance, with limited exceptions for delays approved by a court.
It creates a grant program, capped at $25 million, to help state and tribal courts implement the new requirements.
The bill authorizes reporting requirements for judges and the Administrative Office of the United States Courts to track surveillance orders and related data, promoting greater oversight.

119th Congressin committeeS. 3918(In Committee)Official page

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Includes provisions on preamble, short title., and 9 more.

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