Skip to content
Govbase
Govbase
Congress·In Committee·S. 3893

Sen. Lee and Sen. Durbin Introduce Bipartisan SAFE Act to Require Warrants for FBI Surveillance of Americans

SAFE Act

24 days ago·View on Congress.gov

Legislative Progress

Senate
House
President
Law

Key Points

  • The bill requires the FBI and other agencies to get a warrant or court order before accessing Americans' private communications collected under Section 702 foreign surveillance, with limited exceptions for emergencies, consent, and cybersecurity defense. This is a major shift from current practice where the FBI can query this data without a warrant.

    From policy text

    “no officer or employee of any agency that has access to unminimized communications or information obtained through an acquisition under this section may access communications content, or information the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States, acquired under subsection (a) and returned in response to a covered query.”
    View in full text
  • The bill closes a 'data broker loophole' by prohibiting intelligence agencies and law enforcement from purchasing Americans' personal data from private companies without a court order, with narrow exceptions for employment, background checks, emergencies, and consent.
  • The FISA Court gets more independent oversight through expanded use of amicus curiae (independent legal experts) in cases involving novel legal questions, First Amendment concerns, sensitive investigative matters, new technology, and civil liberties issues. Amici can now raise issues on their own and seek review of court decisions.

    From policy text

    “may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court, regardless of whether the court has requested assistance on that issue.”
    View in full text
  • The bill creates criminal penalties for officials who lie to or mislead the FISA Court, and establishes escalating disciplinary consequences for FBI employees who violate surveillance query rules, including suspension of access, reassignment, and referral for investigation.
  • Section 702 surveillance authorities would be extended through April 20, 2028, but only with the new privacy and oversight reforms in place. The bill also sunsets the expanded definition of 'electronic communication service provider' on December 31, 2026, limiting which entities can be compelled to assist with surveillance.
  • The bill bans 'parallel construction' — the practice of using surveillance-obtained information while hiding its origin by recreating it through other investigative means. It also requires all FISA applications to include exculpatory information and mandates accuracy certification procedures.
Civil RightsNational Security Foreign PolicyTechnology DigitalCriminal Justice

Impact Analysis

Personal Impact

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
Feb 23, 2026Senate

Read twice and referred to the Committee on the Judiciary.

Feb 23, 2026

Introduced in Senate

Source Information

Document Type

Congressional Bill

Official Title

SAFE Act

Bill NumberS 3893
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

(7)
D: 4R: 3

Analysis generated by AI. Always verify with official sources.