McDowell Leads Bipartisan FISA AI Reporting Act to Increase Oversight of Artificial Intelligence Use Under FISA

WASHINGTON, D.C.—Today, Congressman Addison McDowell (NC-06) introduced a bipartisan bill with Congressman James Walkinshaw (VA-11) to direct the intelligence community to report to Congress on how it uses artificial intelligence with data collected under Section 702 of the Foreign Intelligence Surveillance Act of 1978, including which systems are being used and what safeguards are in place to protect Americans’ Fourth Amendment rights.

“Artificial intelligence is changing the way industries across our country are collecting and analyzing information,” Congressman McDowell said. “Congress has a responsibility to ensure these tools strengthen our national security while protecting the constitutional rights and freedoms that define our Nation.”

"Congress must have strong oversight and transparency over federal AI use,” Congressman Walkinshaw said. “When intelligence agencies use AI to analyze sensitive communications and data, Congress needs to know how they use it and for what purpose. Our laws and oversight must keep pace with the technology."

What the FISA AI Reporting Act does:

• Requires the Director of National Intelligence to submit a report to Congress within 180 days on the intelligence community’s use of artificial intelligence systems under Section 702 of the Foreign Intelligence Surveillance Act.
• Requires the report to include:
  • A summary of how the intelligence community is using artificial intelligence systems to acquire, analyze, query, disseminate or otherwise access data under Section 702.
  • An assessment of safeguards in place to ensure the use of artificial intelligence complies with FISA and the Fourth Amendment to the U.S. Constitution.
  • Information submitted by the Department of Justice or intelligence community to the Foreign Intelligence Surveillance Court regarding the use of artificial intelligence under Section 702.
  • An identification of the types of artificial intelligence models being used under Section 702.
• Allows the report to include a classified annex.
• Requires the Director of National Intelligence to coordinate with the Attorney General, CIA Director, FBI Director, NSA Director, and other relevant intelligence community officials in preparing the report.

The Foreign Intelligence Surveillance Act (FISA), first enacted in 1978, sets out the legal framework for the government’s collection of foreign intelligence information, including electronic surveillance, physical searches, the use of pen registers and trap and trace devices, and business records.

Section 702 of FISA allows the government to conduct targeted surveillance of foreign persons located outside the United States to obtain foreign intelligence information, with the compelled assistance of electronic communication service providers.

Read the full bill text here.