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S4280119th CongressWALLET

SAFE Act

Sponsored By: Senator Lee, Mike [R-UT]

In Committee

Summary

Strengthens limits on government access to Americans' communications by tightening who can query Section 702 data, adding audits and training, and expanding court and public oversight to reduce warrantless or unreviewed use of U.S.-person information.

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  • Everyday Americans and Members of Congress gain new protections: queries tied to U.S. persons are restricted and often require documented justification or an exception, and congressional leaders plus affected Members must be notified when queries might identify a Member.
  • DOJ, the FBI, and the intelligence community face stricter rules and checks. Covered queries must have written justifications, FBI staff need initial and annual training, audits of covered queries occur every 180 days and must be completed within 90 days, and the Department of Justice Inspector General must report by June 30 of the first calendar year after enactment and every 3 years.
  • Online and intermediary service providers face tighter limits on voluntary disclosures and new harmonized court standards. The Foreign Intelligence Surveillance Court will use privacy amici, expanded access to materials, and stronger declassification and public-reporting requirements.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

Stricter FBI query rules and audits

If enacted, FBI personnel would need initial training and annual refreshers before running covered queries of Section 702 content. Sensitive queries and batch queries would generally require prior approval from an FBI attorney except in exigent circumstances. Each covered query would need a written factual-basis statement and recorded metadata (terms, date, and personnel). Systems that mix unminimized Section 702 content would require an affirmative opt-in and an electronic authorization record before anyone can view returned communications. The DOJ would audit covered queries every 180 days starting at enactment, finish each audit within 90 days, and send unredacted results to Congress within 30 days of audit completion.

Limits on government buying and using data

If enacted, the Attorney General would have to write rules to minimize acquisition and retention of covered personal data by law-enforcement and intelligence agencies. Agencies would have to try to exclude covered-person data before they acquire compilations, delete it before operational use, and promptly destroy covered data that is not allowed. The bill would generally bar agencies from buying covered personal data for anything of value, with limited exceptions such as court orders, emergencies, employment-related checks, or case-by-case consent. Covered personal data obtained or provided in violation of the rules could not be used, admitted in evidence, or disseminated by government entities.

New definitions and provider protections

If enacted, this bill would change key legal definitions and broaden which companies count as "online service providers." It would bar intermediary providers from knowingly sharing stored message content or user records with the government. The bill would narrow the period of immunity for companies that assist emergency intercepts and require a written certification; that immunity would end when an order is denied, when the data was obtained, or 48 hours after interception began. A recent provider-definition change would be reversed effective December 31, 2026.

More transparency for intelligence activity

If enacted, the Attorney General and DNI would publish an annual, agency-by-agency report each April about Section 702 queries, access counts, orders, exceptions, and related metrics for the prior calendar year. The DNI would complete a 180-day declassification review to publish provider and service-type information when possible. FISC would generally appoint privacy/civil-liberties amici in sensitive cases and expand amicus access and review rights. The bill would also expand which congressional committees get notices about certain unauthorized disclosures.

Tighter accuracy rules and court penalties

If enacted, the Attorney General would adopt accuracy procedures for FISA court applications and officers would have to certify they reviewed supporting records. Section 702 certifiers would have to attest that the AG and DNI were told of any information that might affect a certification's accuracy. Applicants would have to disclose material information, including exculpatory facts, to the court. The bill would make it a crime to knowingly submit false material statements or to disclose a FISA application to unauthorized persons, subject to statutory whistleblower exceptions. It would also treat information obtained under certain sections as Title I electronic surveillance for handling rules.

Sunsets, dates, and implementation delays

If enacted, certain timing rules and grandfathering would change. Title V of FISA as in effect on March 14, 2020 would cease to apply to investigations 180 days after enactment. Some expiration language would be fixed to the calendar date April 20, 2028. The Attorney General, coordinated with the DNI as appropriate, could delay implementing any provision for up to 180 days after showing the relevant congressional committees that the delay is needed to build systems or hire and train staff.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 4/13/2026

  • Sen. Lummis, Cynthia M. [R-WY]

    WY • R

    Sponsored 4/15/2026

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 4/20/2026

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 4/21/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 4/15/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 4/15/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 4/21/2026

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 4/15/2026

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 4/20/2026

  • Sen. Daines, Steve [R-MT]

    MT • R

    Sponsored 4/22/2026

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 4/22/2026

Roll Call Votes

No roll call votes available for this bill.

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