The "Government Surveillance Transparency Act of 2026" introduces significant reforms to criminal surveillance procedures, primarily by establishing a new chapter in title 18, United States Code. This legislation aims to ensure that individuals targeted by criminal surveillance orders eventually receive notice and that such orders are not indefinitely sealed. It broadly defines "criminal surveillance order" to include various forms of electronic surveillance, search warrants, and orders for third-party assistance.

A key provision limits the sealing of surveillance orders, applications, and inventories. While an initial 180-day sealing period is allowed if an "adverse result" (such as endangering life or jeopardizing an investigation) is certified, indefinite sealing is prohibited. Subsequent extensions face increasingly heightened judicial review, requiring particularized showings and detailed justifications, and courts may order redactions instead of full sealing.

The bill mandates public docketing of criminal surveillance cases, even if sealed, as open government data. These public records must include details like the type of order, investigating agency, duration of surveillance, and whether sealing was requested. Furthermore, the Act requires the assignment of unique case numbers for each identified target and generic case captions, ensuring greater transparency while protecting sensitive information.

To enhance accountability, the legislation requires an inventory return to the court if a provider discloses unauthorized data or if the government obtains information beyond the scope of the order. It also stipulates that governmental entities must provide prior notice to subjects of court-authorized surveillance, or within seven days if prior notice is infeasible, unless a delay is explicitly granted under reformed non-disclosure order provisions. These delay orders are tied to the sealing period and also face stricter review and reporting.

The Act significantly reforms the process for delaying notice to targets, linking it directly to the sealing of surveillance orders. It also introduces comprehensive annual reporting requirements for judges and the Administrative Office of the U.S. Courts regarding all types of surveillance orders, including those for delayed notice, to be published publicly in machine-readable formats. Finally, the bill provides incentives, including grants, for State and Tribal courts to adopt these new transparency and reporting standards.