The Government Surveillance Transparency Act of 2026 introduces a new chapter, 206A, to title 18 of the United States Code, establishing comprehensive rules for criminal surveillance orders. It defines various types of surveillance orders, including those for wiretaps, pen registers, and search warrants, and sets forth new procedures for their handling. A primary goal is to ensure greater transparency and accountability in the government's use of surveillance tools. A key provision limits the sealing of criminal surveillance orders, applications, and inventories. Generally, these documents cannot be sealed beyond the date the order is executed or surveillance ends. Exceptions allow for initial 180-day sealing periods if an adverse result, such as endangering an individual or jeopardizing an investigation, is certified, with extensions requiring heightened judicial review and particularized showings. The bill mandates that public docket records for criminal surveillance cases be made available as open government data, including details like the type of order, investigating agency, and duration of surveillance. Each targeted entity will receive a unique case number, and the system will include mechanisms for automatic unsealing and notification to law enforcement. Furthermore, all applications and inventories must be filed electronically. New requirements are imposed on providers and the government to report unauthorized data disclosures or searches. Specifically, court orders for disclosure or pen registers must now require an inventory detailing any electronic data or information obtained beyond the court's authorization. This aims to prevent overreach and ensure compliance with judicial directives. Governmental entities are generally required to provide notice to the subject of court-authorized surveillance prior to or within seven days of obtaining information, unless delayed notice is explicitly granted. The bill reforms the conditions under which notice can be delayed, linking it to the sealing of orders and imposing strict time limits and review standards for such delays, particularly for subpoenas and emergency requests. Judges are now required to report annually on orders delaying notice, including details on applications, grants, denials, and durations, with the Administrative Office of the United States Courts publishing a public, machine-readable report. Similar enhanced reporting requirements are established for judges issuing orders for access to customer communications and pen registers, providing a more comprehensive overview of surveillance activities. To encourage compliance, the bill ties certain federal legal recognitions, such as the full faith and credit for surveillance orders, to a state or tribal court's adherence to the new transparency requirements. It also authorizes a grant program, totaling $25 million, to assist state and tribal court systems in implementing these new mandates over a five-year period. An additional $1 million is authorized for the Administrative Office of the United States Courts to support implementation.
The Government Surveillance Transparency Act of 2026 introduces a new chapter, 206A, to title 18 of the United States Code, establishing comprehensive rules for criminal surveillance orders. It defines various types of surveillance orders, including those for wiretaps, pen registers, and search warrants, and sets forth new procedures for their handling. A primary goal is to ensure greater transparency and accountability in the government's use of surveillance tools. A key provision limits the sealing of criminal surveillance orders, applications, and inventories. Generally, these documents cannot be sealed beyond the date the order is executed or surveillance ends. Exceptions allow for initial 180-day sealing periods if an adverse result, such as endangering an individual or jeopardizing an investigation, is certified, with extensions requiring heightened judicial review and particularized showings. The bill mandates that public docket records for criminal surveillance cases be made available as open government data, including details like the type of order, investigating agency, and duration of surveillance. Each targeted entity will receive a unique case number, and the system will include mechanisms for automatic unsealing and notification to law enforcement. Furthermore, all applications and inventories must be filed electronically. New requirements are imposed on providers and the government to report unauthorized data disclosures or searches. Specifically, court orders for disclosure or pen registers must now require an inventory detailing any electronic data or information obtained beyond the court's authorization. This aims to prevent overreach and ensure compliance with judicial directives. Governmental entities are generally required to provide notice to the subject of court-authorized surveillance prior to or within seven days of obtaining information, unless delayed notice is explicitly granted. The bill reforms the conditions under which notice can be delayed, linking it to the sealing of orders and imposing strict time limits and review standards for such delays, particularly for subpoenas and emergency requests. Judges are now required to report annually on orders delaying notice, including details on applications, grants, denials, and durations, with the Administrative Office of the United States Courts publishing a public, machine-readable report. Similar enhanced reporting requirements are established for judges issuing orders for access to customer communications and pen registers, providing a more comprehensive overview of surveillance activities. To encourage compliance, the bill ties certain federal legal recognitions, such as the full faith and credit for surveillance orders, to a state or tribal court's adherence to the new transparency requirements. It also authorizes a grant program, totaling $25 million, to assist state and tribal court systems in implementing these new mandates over a five-year period. An additional $1 million is authorized for the Administrative Office of the United States Courts to support implementation.