Government Surveillance Transparency Act of 2026

This bill amends federal law to increase transparency in criminal surveillance by requiring eventual notice to targets, limiting the sealing of surveillance orders, and reforming non-disclosure orders to service providers. It also creates new reporting requirements and provides grants to help state and tribal courts comply.

Sec. 2, Criminal surveillance orders: This section creates a new chapter in federal law that generally prohibits courts from sealing a criminal surveillance order, application, or inventory beyond the later of the date the order is executed or surveillance ends. It allows a court to seal these documents for up to 180 days if the applicant certifies that failure to seal would endanger life, cause flight from prosecution, or lead to destruction of evidence.

Sec. 3, Notice to courts of unlawful surveillance: This section requires that court orders for customer records or pen register/trap and trace devices include an inventory returned to the court if the provider disclosed unauthorized data or the government obtained unauthorized information. It also amends Rule 41 of the Federal Rules of Criminal Procedure to require that such inventories disclose whether unauthorized data was disclosed or unauthorized searches occurred.

Sec. 4, Notice to subjects of law enforcement surveillance: This section requires that before conducting court-authorized surveillance, the government must provide notice to the subscriber or customer unless notice is delayed under section 2705. If prior notice is infeasible due to inadequate contact information, notice must be given within 7 days after receiving adequate contact information. It also requires notice within 7 days for voluntary disclosures of communications or records.

Sec. 5, Delay and preclusion of required notice: This section revises the rules for delaying notice to a customer or subscriber. For warrants and orders, delay is only allowed if the underlying order is sealed under the new chapter. For subpoenas and emergency requests, delay can be up to 180 days with a certification of adverse result, with extensions possible. It also requires judges to report annually on preclusion-of-notice orders and requires a public report from the Administrative Office of the U.S. Courts.

Sec. 6, Incentives for state and tribal courts to implement requirements: This section conditions the validity of state and tribal court surveillance orders on a certification that the court is complying with the new chapter. It provides a 2-year effective date, with a 4-year delay for courts that do not offer electronic docketing or need more time.

Sec. 7, Modernizing criminal surveillance reports: This section requires judges to report annually on orders for customer records and pen register/trap and trace devices, including the type of records, whether granted or denied, and the agency involved. The Administrative Office must publish a public report and develop a machine-readable form for these reports.

Sec. 8, Grants: This section authorizes the Attorney General to make grants to state and tribal court systems for the cost of implementing the bill's requirements over 5 years, with a total cap of $25,000,000.

Sec. 9, Authorization of appropriations: This section authorizes $1,000,000 for the Administrative Office of the U.S. Courts and $25,000,000 for the grant program.

Sec. 10, Severability: This section states that if any provision of the Act is held unconstitutional, the remaining provisions will still be in effect.