Legislation Calls for Strengthening Constitutional Safeguards

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WASHINGTON, D.C. – Eighteen years after its creation in 2008 following the intelligence failures related to 9/11, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire. The program gives the federal government authority to conduct warrantless surveillance of foreign terrorists and national security threats overseas, but has repeatedly been abused by federal agencies who have targeted law-abiding Americans.

While some reforms have been implemented over the years, more must be done to safeguard Americans’ civil liberties. With Section 702 of FISA sunsetting in April, U.S. Senator Kevin Cramer (R-ND) joined U.S. Senators Mike Lee (R-UT) and Dick Durbin (D-IL) in introducing the Security and Freedom Enhancement (SAFE) Act. The bill maintains access to critical intelligence tools by extending Section 702 through April 20, 2028, while implementing targeted, enforceable safeguards to prevent abuse and strengthen accountability.

While some reforms have been implemented over the years, more must be done to safeguard Americans’ civil liberties. With Section 702 of FISA sunsetting in April, U.S. Senator Kevin Cramer (R-ND) joined U.S. Senators Mike Lee (R-UT) and Dick Durbin (D-IL) in introducing the Security and Freedom Enhancement (SAFE) Act. The bill maintains access to critical intelligence tools by extending Section 702 through April 20, 2028, while implementing targeted, enforceable safeguards to prevent abuse and strengthen accountability.

The SAFE Act strikes a balance between equipping the intelligence community to monitor legitimate foreign threats and protecting the constitutional rights of Americans.

“Well, we have to remember that Section 702 was meant to track foreign threats, not to create a warrantless backdoor into communications of Americans,” said Cramer. “And like the entire Constitution, the Fourth Amendment is not optional, and serious reforms do need to be made. I believe we can protect national security without sacrificing the constitutional rights of the people we’re sworn to serve. I think that this bill will do that.”

“The many documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment,” said Lee. “From warrantless searches targeting journalists, political commentators, and campaign donors to monitoring sitting members of Congress, these infringements reveal a blatant disregard for individual liberties. Our bipartisan reforms to FISA Section 702 are common sense and imperative to restoring trust in our government’s commitment to the Constitution.”

“Section 702 is a valuable tool to help keep our nation safe,” said Durbin. “However, it’s being used to conduct thousands of warrantless searches of Americans’ private communications. That’s unacceptable. Our bipartisan SAFE Act is a commonsense solution to continue protecting our country from foreign threats—while safeguarding Americans’ civil liberties and privacy.”

The bill would make key reforms to FISA Section 702, including:

  • A Practical Warrant Requirement: Requires a warrant before the government can access the contents of an American’s communications retrieved through a 702-database query, with clear exceptions for emergencies and cybersecurity threats.
  • Closing the Data Broker Loophole: Prevents federal agencies from sidestepping the Fourth Amendment by purchasing Americans’ sensitive data from commercial data brokers.
  • Fixing Overbroad Definitions: Narrows vague language that could expand surveillance obligations to virtually any organization which handles communications equipment to ensure churches and other places of worship are not unintentionally swept in.
  • Strengthening Independent Oversight: Enhances the role of amici curiae in FISA court proceedings to improve transparency and civil liberties protections.
  • Ending the Section 215 Workaround: Closes loopholes that allowed the government to continue relying on authorities Congress allowed to expire in 2020.
  • Greater Accountability: Adds new layers of internal review and supervision for U.S. queries and increases compliance safeguards.

Click here for bill text.