IC Oversight & Policy — 2026-09-19

House Bill Requires DNI Report on AI Use in Section 702 Surveillance Programs

BLUFPassage before the 119th Congress adjourns is unlikely, but the bill's bipartisan framing positions AI-driven 702 querying as a durable oversight target for future legislative cycles.

Representatives James Walkinshaw (D-VA) and Addison McDowell (R-NC) introduced the bipartisan FISA AI Reporting Act on September 17, requiring the Director of National Intelligence to submit a report to Congress within 180 days on intelligence community use of artificial intelligence systems under Section 702 of FISA 1H.R.10502 - To direct the Director of National Intelligence to submit to Congress a report on the use of artificial intelligence systems... under section 702 of FISA" data-source="Congress.gov (Library of Congress)" data-url="https://www.congress.gov/bill/119th-congress/house-bill/10502" data-rt="primary" data-mbfc="high" data-otype="government">2. The bill, filed as H.R.10502, directs the report to summarize how the IC uses AI to acquire, analyze, query, and disseminate Section 702 data, and to assess safeguards ensuring compliance with FISA and the Fourth Amendment 1. Required content also includes any AI-related submissions made to the Foreign Intelligence Surveillance Court and identification of the specific AI models in use, with the report permitted to carry a classified annex 1. The DNI would coordinate the report with the Attorney General and the directors of the CIA, FBI, and NSA 1. Nextgov/FCW listed the measure among its weekly roundup of tech-focused congressional bills 3.

Analysis
Passage would force the first public DNI accounting of AI-driven querying and dissemination inside Section 702 collection, exposing IC legal practices that have so far escaped congressional scrutiny. House passage before the 119th Congress adjourns is unlikely, since bipartisan sponsorship has not yet produced committee markup or floor scheduling. This judgment reflects moderate confidence: sponsor statements and bill text corroborate scope and intent, but sourcing traces almost entirely to the Walkinshaw office's own release and Congress.gov text, with Nextgov/FCW's weekly-roundup mention functioning as aggregation rather than independent verification of momentum. The bill may function primarily as a messaging vehicle ahead of the 2027 Section 702 reauthorization debate rather than a near-term legislative priority. If it advances, IC legal and compliance offices must begin compiling AI-use documentation and FISC submission records now to meet the 180-day reporting clock; if it stalls, AI deployment under Section 702 continues without added disclosure obligations.
3 sources
  1. Walkinshaw, McDowell Lead Bipartisan FISA AI Reporting Act to Increase Oversight of Artificial Intelligence Use Under FISA - Office of Rep. James Walkinshaw
  2. H.R.10502 - To direct the Director of National Intelligence to submit to Congress a report on the use of artificial intelligence systems... under section 702 of FISA - Congress.gov (Library of Congress)
  3. Tech bills of the week: Monitoring AIs use under Section 702 - Nextgov/FCW

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