WASHINGTON, DC – U.S. Representatives Warren Davidson (R-OH-08) and Zoe Lofgren (D-CA-18) and U.S. Senators Ron Wyden (D-OR) and Mike Lee (R-UT) today introduced the bipartisan, bicameral Government Surveillance Reform Act to reauthorize Section 702 of the Foreign Intelligence Surveillance Act with important new protections for Americans’ constitutional rights.

“For decades, U.S. Intelligence agencies have been circumventing our 4th Amendment right to privacy by spying on Americans without a warrant. The Government Surveillance Reform Act would end abuses under the Foreign Intelligence Surveillance Act and end unauthorized surveillance programs,” said Rep. Warren Davidson.

“It would be unwise for Members of Congress to greenlight another major surveillance reauthorization without carefully considering and enacting surveillance reform measures. For too long, federal intelligence and law enforcement agencies have had nearly unchecked access to Americans’ personal data,” said Rep. Zoe Lofgren. “Our bipartisan, bicameral comprehensive and calibrated legislation provides reform solutions sought for decades. With widespread support from across the political spectrum the Government Surveillance Reform Act would dramatically curb surveillance abuse and protect Americans' civil liberties, while preserving national security.”

“Americans know that it is possible to confront our country’s adversaries ferociously without throwing our constitutional rights in the trash can.  But for too long surveillance laws have not kept up with changing times,” Sen. Ron Wyden said. “Our bill continues to give government agencies broad authority to collect information on threats at home and abroad, including the ability to act quickly in emergencies and settle up with the court later.  But it creates much stronger protections for the privacy of law-abiding Americans, and restores the warrant protections that are at the heart of the Fourth Amendment.”

“The FISA Court and the Director of National Intelligence have confirmed that our government conducted warrantless surveillance of millions of Americans’ private communications,” Sen. Mike Lee said. “It is imperative that Congress enact real reforms to protect our civil liberties, including warrant requirements and statutory penalties for privacy violations, in exchange for reauthorizing Section 702. Our bipartisan Government Surveillance Reform Act stops illegal government spying and restores the Constitutional rights of all Americans.”   

The legislation is co-sponsored in the House by Reps. Andy Biggs (R-AZ-05), Pramila Jayapal (D-WA-07), Thomas Massie (R-KY-04), Sara Jacobs (D-CA-51), Nancy Mace (R-SC-01), Judy Chu (D-CA-28), Lloyd Doggett (D-TX-35), Barbara Lee (D-CA-12), Rep. Lou Correa (D-CA-26), and Rep. Ted Lieu (D-CA-36). 

The Senate bill is co-sponsored by Sens. Tammy Baldwin (D-WI), Steve Daines (R-MT), Mazie Hirono (D-HI), Cynthia Lummis (R-WY), Jon Tester (D-MT), Elizabeth Warren (D-MA), and Edward Markey (D-MA).

The bill reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA) for four years, allowing intelligence agencies to continue to use the authorities granted by that law, but with key new protections against documented abuses and new accountability measures when abuses occur. It also includes a host of reforms to government surveillance authorities beyond Section 702, including requiring warrants for government purchases of private data from data brokers.

Although surveillance proponents claimed that the previous 702 reauthorization included sufficient safeguards to prevent abuse, intelligence agencies have documented extensive new violations in recent years. Abuses include warrantless searches for a U.S. Senator, a member of Congress, and a state court judge, among others.

The bill’s reforms include:

• Closing the backdoor search loophole: The bill requires law enforcement to secure a warrant before searching U.S. individuals' data.
• Closing the data broker loophole: The bill prevents law enforcement from sidestepping the Fourth Amendment by outlawing the purchase of U.S. individuals' data from brokers without a warrant.
• Prohibiting reverse targeting: The bill prohibits the monitoring of foreign individuals outside the U.S. as a pretext to surveil U.S. persons within the country, known as "reverse targeting."
• Ending "abouts" collection: The bill terminates the practice of gathering non-U.S. citizens’ communications that merely reference U.S. persons, curbing mass, warrantless surveillance of Americans.
• Enhancing oversight and accountability: The bill stipulates stricter auditing, reporting, and redress processes, promoting responsibility and transparency across intelligence activities.
• Curtailing overreach in Section 702 data use: The bill ensures that data collected under Section 702 is not used in criminal or civil cases unless directly connected to national security threats, thus avoiding its application in unrelated legal contexts. 
• Halting warrantless collection of business records: The bill enhances the personal data security of working individuals by disallowing warrantless surveillance of businesses.

Click here for a one-page summary of the bill.
Click here for a section-by-section summary of the bill.
Click here for full text of the full bill.

The bill has been endorsed by dozens of civil society organizations:

Asian Americans Advancing Justice (AAJC), AAPI Equity Alliance, AAPI Victory Alliance, American Civil Liberties Union (ACLU), Americans for Prosperity, API Equality-LA, Asian American Federal Employees for Nondiscrimination (AAFEN), Asian Texans for Justice, Aurora Commons LLC, Brennan Center for Justice at NYU School of Law, Center for Democracy & Technology, Chinese for Affirmative Action, Demand Progress, Due Process Institute, Electronic Frontier Foundation (EFF), Electronic Privacy Information Center (EPIC), Empowering Marginalized Asian Communities, Fight for the Future, FreedomWorks, Free Press Action, Libertas Institute, Media Alliance, Muslim Advocates, National Association of Criminal Defense Lawyers (NACDL), Oakland Privacy, OCA, OCA Greater Cleveland - Asian Pacific American Advocates, OCA Silicon Valley, Project for Privacy and Surveillance Accountability (PPSA), Project on Government Oversight (POGO), Restore the Fourth, Secure Justice, Stop AAPI Hate, Surveillance Technology Oversight Project and X-Lab.