SAFE Act
Sponsored By: Senator Mike Lee
Introduced
Summary
Limits warrantless FBI queries of foreign‑intelligence systems and boosts oversight of FISA §702 collection. This bill would impose strict query controls, ramp up audits and reporting, and add penalties and accountability for misuse of collected data.
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- U.S. persons and households: It would bar warrantless access to unminimized §702 content except narrow exceptions and prohibit reverse targeting of people in the United States. It requires notification when a Member of Congress is queried and sets consent rules for defensive briefings.
- Federal law enforcement and intelligence agencies: It would require training before any covered query and annual refreshers, extra approvals and written justification for sensitive queries, recordkeeping of query terms and personnel, and DOJ audits every 180 days with audits completed within 90 days and results sent to key congressional committees.
- Data brokers and covered governmental entities: It would bar covered governmental entities from buying or using covered personal data from data providers except for specific exceptions like court orders, emergencies, or consent. Illegally obtained data and evidence derived from it may not be used and the Attorney General must issue minimization rules while the Director of National Intelligence must report identified datasets within 180 days.
*Seeks to tighten privacy safeguards, increase transparency, and impose new oversight and penalties across FISA and §702 operations.*
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Tighter rules for intelligence searches
If enacted, the bill would define who counts as a "covered person" and what counts as a "covered query." It would bar targeting U.S. persons or people reasonably believed to be in the United States and forbid "reverse targeting" under Section 702. FBI staff would need initial and annual training before running §702 queries. Sensitive searches would generally need prior attorney approval and a short written factual justification saved with the query. Systems would require users to affirmatively choose to include unminimized §702 content when mixed with other data. The DNI and Attorney General must do a declassification review, and directives must include service summaries until December 31, 2026. The bill would also narrow civil immunity for emergency interception help, require a written certification, and limit immunity to when assistance stopped, the communication was obtained, or 48 hours after interception began.
Stronger oversight and court transparency
If enacted, DOJ must audit every covered §702 query in each 180‑day period and finish each audit within 90 days. DOJ must send unredacted results to oversight committees within 30 days of audit completion and brief committees in person if deadlines are missed. The DOJ Inspector General must audit FISA compliance by June 30 of the first calendar year after enactment and every three years. The FBI Director must adopt accountability rules, suspend access for initial incidents until fixed, and report to Congress within 180 days and then annually. The bill would require full disclosure of material and exculpatory information in FISA filings, set minimum accuracy procedures for applications, and create crimes for knowingly false or unauthorized disclosures. It would expand amici access and roles in court, require FISC to include a random sample of targeting decisions, speed declassification reviews to 180 days, and extend contempt powers to the FISA courts. The Attorney General may delay implementation for up to 180 days to build systems or train staff. The bill also fixes some sunsets and timing rules, including setting certain Title VII expirations and definition rollbacks on set dates.
Limits on government buying personal data
If enacted, the bill would bar law enforcement and intelligence agencies from buying or otherwise obtaining covered personal data from data brokers, except for narrow exceptions like court orders, emergencies, consented background checks, employment checks, whistleblower reports, and limited compliance uses. Agencies would have to minimize, remove, or destroy covered personal data that is not allowed and may not use or admit evidence derived from illegally obtained covered data in proceedings. Intermediary providers would be barred from disclosing stored communication contents or subscriber records to government for the services they handle. The bill would broaden what counts as data "derived from" a surveillance and require AG and DNI guidance within 90 days.
Sponsors & CoSponsors
Sponsor
Mike Lee
UT • R
Cosponsors
Richard Durbin
IL • D
Sponsored 2/23/2026
Kevin Cramer
ND • R
Sponsored 2/23/2026
Mazie Hirono
HI • D
Sponsored 2/23/2026
Steve Daines
MT • R
Sponsored 2/25/2026
Cory Booker
NJ • D
Sponsored 2/25/2026
Cynthia Lummis
WY • R
Sponsored 3/11/2026
Tammy Baldwin
WI • D
Sponsored 3/11/2026
Roll Call Votes
No roll call votes available for this bill.
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