S. 4402 — A bill to require a report on the use of artificial intelligence with respect to access to unminimized information collected pursuant to the Foreign Intelligence Surveillance Act of 1978, and for other purposes.

This section directs the Attorney General and Director of National Intelligence to jointly submit to the congressional intelligence committees, Senate and House Judiciary Committees, and presiding judges of the Foreign Intelligence Surveillance Court (FISC) and FISC Court of Review, not later than 120 days after enactment, a report describing all uses of artificial intelligence (AI) with access to unminimized information collected under the Foreign Intelligence Surveillance Act of 1978 (FISA). For each AI use, the report must include (1) the system's name (if applicable), use, function, and purpose; (2) testing, evaluation, continuous monitoring, and human review processes prior to and following adoption; (3) the developing, training, or modifying entity; (4) training or fine-tuning data, model fitness, and limitations; (5) initial access date to unminimized FISA information, scope of access, and other data sources; (6) prior reporting to specified recipients and any related FISC orders or opinions; and (7) additional information as determined necessary. The report must be submitted in classified and unclassified form, with the unclassified version publicly available on the Department of Justice and Office of the Director of National Intelligence websites.

This section requires the Attorney General and Director of National Intelligence, before providing any future artificial intelligence system access to unminimized information collected under the Foreign Intelligence Surveillance Act of 1978 (FISA), to jointly notify the entities and individuals specified in section 2(c) of (1) the system's proposed name, function, and information access and (2) an assessment of whether such use complies with FISA, procedures or opinions of the Foreign Intelligence Surveillance Court, and other applicable laws, directives, and regulations.