Sens. Mike Lee (R-UT) and Dick Durbin (D-IL) introduced the Security and Freedom Enhancement (SAFE) Act on Monday, legislation designed to protect Americans from warrantless government surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA).

Section 702 is intended to allow intelligence agencies to monitor foreign adversaries, but in practice, it often collects Americans’ private communications incidentally. Critics say this infringes on Fourth Amendment protections against warrantless searches. The SAFE Act would reauthorize Section 702 for two years while implementing safeguards to prevent abuse.

The legislation would require government agencies to obtain a FISA Title 1 order or a warrant before accessing the content of Americans’ communications collected under Section 702, though exceptions would apply for urgent or “exigent” circumstances. Warrantless surveillance would still be allowed for foreign communications or for investigations connecting Americans to targeted foreign subjects.

Other provisions of the SAFE Act include strengthening the role of amici curiae who advise the FISA Court, closing loopholes that allow the government to access Americans’ data through third-party brokers, narrowing the definition of Electronic Communications Service Providers to prevent overbroad collection, and ending the Section 215 loophole that allowed expired surveillance authority to continue.

Sen. Lee said the bill addresses abuses documented under FISA, including warrantless monitoring of journalists, political commentators, campaign donors, and members of Congress. “Our bipartisan reforms are common sense and imperative to restoring trust in our government’s commitment to the Constitution,” he said.

Sen. Durbin added that while Section 702 is a critical tool for national security, “thousands of warrantless searches of Americans’ private communications are unacceptable. The SAFE Act balances security with civil liberties.”

Advocates across the political spectrum praised the legislation. James Czerniawski of the Consumer Choice Center called it “a line in the sand, delivering oversight Americans deserve without compromising security.” Demand Progress policy advisor Hajar Hammado said the bill “models how Republicans and Democrats can come together to stop oppressive government overreach.”

Some White House officials reportedly favor a “clean” extension of Section 702 without additional safeguards, but key House Republicans, including Speaker Mike Johnson (R-LA), have expressed concern about preserving Americans’ privacy. House Intelligence Committee Chairman Rick Crawford (R-AR) and Judiciary Committee Chairman Jim Jordan (R-OH) are negotiating compromises to strengthen protections while keeping the law effective for national security purposes.

Attorney General Pam Bondi told Rep. Andy Biggs (R-AZ) in a hearing earlier this year that the Trump administration is committed to working with Congress to ensure Americans’ private communications are not searched without probable cause, saying, “We are committed to working on that issue.”

The SAFE Act represents a bipartisan effort to ensure Americans’ privacy is protected while allowing the government to continue targeting foreign threats.