Government Surveillance Reform Act of 2026
- Bill Number
- H.R. 7901
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-03-12: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-26T11:45:38Z
AI-Generated Summary
Purpose The Government Surveillance Reform Act of 2026 seeks to update and strengthen privacy protections and oversight mechanisms for government surveillance activities, particularly under the Foreign Intelligence Surveillance Act (FISA). It aims to balance national security needs with safeguards for U.S. persons while addressing concerns about warrantless access to communications and data.
Key Provisions
- Title I (FISA Section 702 Reforms): Requires warrants or equivalent judicial authorization for queries targeting U.S. persons or persons in the United States; limits use of Section 702 data in criminal, civil, or administrative proceedings; prohibits reverse targeting; imposes a five-year data retention limit with narrow exceptions; enhances Foreign Intelligence Surveillance Court supervision of technical assistance demands; mandates a primary foreign intelligence purpose for acquisitions; and extends Section 702 authorities for four years.
- Title II (Fourth Amendment Is Not for Sale Act): Prohibits federal law enforcement agencies from purchasing personal data (including location, biometric, and browsing data) from data brokers without a warrant or other legal process, with limited exceptions.
- Title III (Additional FISA Reforms): Establishes court supervision for acquisitions targeting U.S. persons inside the United States; strengthens accuracy and completeness requirements for FISA applications; clarifies treatment of derived evidence; sunsets certain grandfathered provisions; and enhances amicus curiae roles, declassification of opinions, and accountability for violations.
- Title IV (Non-FISA Foreign Intelligence Surveillance): Applies similar warrant and query protections to intelligence activities outside FISA; prohibits warrantless acquisition of domestic communications and U.S. person data.
- Title V (Independent Oversight): Expands Inspector General audits of FISA applications and directives; improves communications between the intelligence community and the Privacy and Civil Liberties Oversight Board; and requires congressional reporting on grants of immunity.
- Title VI (ECPA Reforms): Requires warrants for location information, web browsing records, and search query records; extends consistent protections to phone and app-based records; and updates rules for subpoenas and voluntary disclosures.
- Title VII (Car Data Protection): Requires warrants for federal access to vehicle data (such as from event data recorders or telematics systems), with narrow exceptions for consent or emergencies.
- Title VIII (Intelligence Transparency): Mandates enhanced annual reporting on FISA activities, including query statistics, error rates, and use of U.S. person data.
- Title IX (Severability and Implementation): Includes severability provisions and allows limited delays (up to one year) for technical or training needs.
Significant Changes to Existing Law
- Introduces warrant requirements for queries of U.S. person communications and data collected under Section 702, reversing prior practices that allowed warrantless access in many cases.
- Expands Fourth Amendment-like protections to data held by third parties (data brokers, online services) and to real-time location tracking.
- Strengthens procedural safeguards, including accuracy certifications, record-keeping for queries, and expanded roles for amici curiae and the Foreign Intelligence Surveillance Court.
- Repeals expanded definitions of electronic communication service providers and certain querying rules from prior amendments.
- Creates new minimization and retention rules across intelligence and law enforcement contexts.
Potential Impacts
- Government Agencies: Intelligence and law enforcement agencies face new compliance burdens, including warrant processes, data retention limits, and enhanced auditing. The Department of Justice and intelligence community must update procedures and reporting systems.
- Citizens: U.S. persons gain stronger protections against warrantless access to their communications, location data, browsing history, and vehicle information, potentially reducing incidental collection and use in domestic proceedings.
- International Relations: May affect data-sharing agreements with foreign partners due to stricter limits on U.S. person data and retention rules, though core foreign intelligence collection authorities remain.
- Technology Sector: Electronic communication service providers and data brokers face increased obligations to comply with court orders and restrictions on data sales.
Main Stakeholders Affected
- Federal intelligence agencies (NSA, CIA, FBI) and the Department of Justice.
- Foreign Intelligence Surveillance Court and Court of Review.
- Technology companies and online service providers.
- U.S. persons and civil liberties advocates.
- Congressional intelligence and judiciary committees.
- State and local law enforcement (indirectly, through transparency and data broker rules).
Notable Legal, Constitutional, or Political Implications
- Reinforces Fourth Amendment principles by requiring judicial oversight for many forms of digital surveillance previously conducted without warrants.
- Addresses ongoing debates over the scope of Section 702 and incidental collection of U.S. person data.
- Introduces bipartisan reforms (sponsored by members from both parties) focused on transparency, accuracy, and accountability.
- Includes explicit severability language to preserve remaining provisions if any part is invalidated.
- Enhances public reporting and oversight mechanisms to promote greater transparency in surveillance activities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Davidson, Warren [R-OH-8]
Cosponsors (5)
Rep. Lofgren, Zoe [D-CA-18], Rep. Jayapal, Pramila [D-WA-7], Rep. Jacobs, Sara [D-CA-51], Rep. Nadler, Jerrold [D-NY-12], Rep. Rulli, Michael A. [R-OH-6]
Recent Actions
- 2026-03-12: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-12: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-12: Introduced in House
- 2026-03-12: Introduced in House
Bill Versions
- Government Surveillance Reform Act of 2026 — issued 2026-03-12 — PDF (198 pages)