What does Preamble of S 3918 do?

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

What does SHORT TITLE. of S 3918 do?

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

What does CRIMINAL SURVEILLANCE ORDERS. of S 3918 do?

This section establishes a new chapter (206A) in Title 18 of the United States Code concerning criminal surveillance orders. It defines key terms related to criminal surveillance orders, including 'application,' 'pen register,' 'criminal surveillance order,' and 'inventory.' The section limits the sealing of criminal surveillance orders, applications, and inventories, generally preventing sealing beyond the end of authorized surveillance. Applicants can request a temporary sealing (up to 180 days) if they believe it's necessary to protect an individual's safety or prevent jeopardizing an investigation. The section addresses the applicability of these amendments to existing and future applications and orders. It includes provisions for delaying the application of certain requirements to Federal and State courts if their electronic filing systems are deemed insufficiently secure.

What does NOTICE TO COURTS OF UNLAWFUL SURVEILLANCE. of S 3918 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 also amends Section 3123(b) of title 18, United States Code, to require an inventory under similar circumstances for orders related to pen registers or trap and trace devices. Rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure is amended to specify that inventories must disclose unauthorized data disclosures and searches exceeding court authorization. If an inventory is required, it must disclose whether the provider disclosed unauthorized electronic data and provide detailed information. The inventories must also disclose whether 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 S 3918 do?

This section amends Section 2703 of Title 18, United States Code, to modify procedures related to law enforcement surveillance. The amendments generally require compliance with warrant execution and return requirements. Notice to subscribers or customers is generally required prior to surveillance, unless delayed under Section 2705. Delayed notice under Section 2705 is restricted in certain circumstances, specifically for disclosures under paragraph (1)(B)(i). Orders issued under this subsection must be in accordance with the Federal Rules of Criminal Procedure. Governmental entities receiving records or information must provide notice to the subscriber or customer prior to surveillance, with a 7-day window for providing notice after obtaining adequate contact information. Section 1651 of Title 28, United States Code, is amended to require the Federal Government to comply with notice requirements applicable to warrants issued under the Federal Rules of Criminal Procedure when seeking orders from third parties. If a governmental entity requests and receives a voluntary disclosure, they 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 S 3918 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 warrants and orders for the period the sealing order is in effect. For subpoenas or emergency requests, the court may issue an order delaying notice for up to 180 days, with potential extensions. The court may require the governmental entity to provide a factual basis for certifications and may review that basis. 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 denials related to preclusion of notice. The Administrative Office of the United States Courts will publish a report in June of each year summarizing these applications and orders. Section 3103a of title 18, United States Code, is amended to include time limits, not to exceed 180 days, for certain warrant provisions. 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 S 3918 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 require courts to certify compliance with chapter 206A of Title 18 in certain orders and procedures. Section 1738 of Title 28, United States Code, concerning full faith and credit, is amended to require certification of compliance with chapter 206A for criminal surveillance orders 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 S 3918 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 and warrants issued or denied under sections 2703 and 3126. These reports must include details such as the type of records sought, whether the order was granted or denied, the nature of the offense, and the investigative agency involved. The Director of the Administrative Office of the United States Courts is required to publish a public report on the agency's website in June of each year, summarizing the data collected. The report will include the number of applications for orders or warrants, the number granted or denied, and a detailed analysis of the data. The Director must also publish a machine-readable form for these reports, consulting with various entities including NIST and private software providers. Section 2702(d) of Title 18 is also amended to require the Department of Justice to publish emergency disclosures on its website.

What does GRANTS. of S 3918 do?

This section establishes a grant program for 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. The term 'Indian Tribe' is defined as having the meaning given in section 102 of the Federally Recognized Indian Tribe List Act of 1994. The term 'State' includes the several States of the United States, the District of Columbia, and various U.S. territories.

What does AUTHORIZATION OF APPROPRIATIONS. of S 3918 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. It authorizes $25,000,000 to carry out the grant program under section 8.

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Government Surveillance Transparency Act of 2026 — S. 3918

Last updated: 2/25/2026 · Introduced: 2/25/2026

Author: Ron Wyden (D-OR)

TL;DR (AI)

This bill establishes new rules for criminal surveillance orders, including limitations on sealing orders and requirements for inventories of data disclosed.
It mandates that courts order inventories of unauthorized data disclosures or searches exceeding authorization during surveillance, requiring detailed information about the incident.
The bill generally requires law enforcement to notify individuals subject to surveillance, with limited exceptions for delayed notice under specific circumstances.
Courts can delay required notice under certain conditions, such as when an order is sealed or in emergency situations, but must provide a factual basis for such delays and report annually on these actions.
The bill provides grants up to $25 million to State and Tribal court systems to help cover implementation costs associated with these new requirements.

119th Congressin committeeHR. 7738(In Committee)Official page

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