The Security And Freedom Enhancement Act of 2026, or SAFE Act, aims to reauthorize and implement substantial reforms to the Foreign Intelligence Surveillance Act of 1978 (FISA). Its core purpose is to bolster protections for United States persons, increase transparency in intelligence operations, and enhance oversight mechanisms within the foreign intelligence community. The bill addresses concerns regarding the collection, querying, and use of data under FISA authorities. Title I focuses on protections for U.S. persons whose communications are collected under FISA Section 702. It mandates regular audits of Federal Bureau of Investigation (FBI) queries, requiring prior approvals for sensitive queries involving elected officials, media, or religious organizations, and demanding written justifications for all covered queries. The bill also prohibits warrantless access to U.S. person communications content, with specific exceptions for court orders, exigent circumstances, consent, and defensive cybersecurity. Furthermore, Title I introduces new annual reporting requirements for Section 702 queries, detailing the number of queries, content accesses, and exceptions utilized. It establishes clear accountability procedures for FBI personnel who violate query guidelines, including escalating consequences and referrals for misconduct. The legislation explicitly prohibits "reverse targeting" of U.S. persons and mandates FISA Court review of targeting decisions, including random samples of such decisions. Title II introduces additional reforms across FISA activities, requiring the disclosure of all material and exculpatory information in FISA applications. It mandates certifications regarding the accuracy and completeness of these applications, including the reliability of human sources. The bill also limits the use of information from media sources or political campaigns as the sole basis for an application and establishes criminal penalties for knowingly submitting false information or making unauthorized disclosures to the FISA Court. This title also requires federal agencies to establish procedures for ensuring compliance with FISA and taking adverse personnel actions against violators. It limits civil immunity for entities providing assistance to the government without a court order and prohibits avoiding disclosure obligations through "parallel construction" by defining "derived from" broadly. Additionally, it sets a sunset date for the grandfather clause of FISA's business records provision. Title III reforms proceedings before the Foreign Intelligence Surveillance Court (FISC) by expanding the appointment authority for amicus curiae. These amici must possess privacy and civil liberties expertise and are appointed unless deemed inappropriate, especially for cases involving novel legal interpretations or significant civil liberties issues. Amicus curiae are granted broader access to case materials and can petition the FISC to certify questions of law for review by the Foreign Intelligence Surveillance Court of Review or even the Supreme Court. Title IV mandates periodic audits of FISA compliance by the Inspector General of the Department of Justice every three years. These audits will assess alleged or potential violations and the accuracy and completeness of applications and certifications submitted under various FISA sections. The findings of these audits must be reported to relevant congressional committees. Title V introduces significant protections for U.S. persons whose sensitive information is purchased by intelligence and law enforcement agencies. It limits the intelligence community's acquisition of "covered data" (U.S. person data) without a court order, allowing exceptions only for specific purposes like employment, compliance, imminent threats to life or safety, or consent. The bill also establishes strict minimization procedures for any acquired covered data. Similarly, Title V prohibits law enforcement agencies from purchasing personal data from data brokers, with comparable exceptions and minimization requirements. It extends consistent privacy protections to data held by interactive computing services and data brokers, requiring court orders for disclosure where applicable. The bill further protects data entrusted to intermediary or ancillary service providers, preventing their unauthorized disclosure. Finally, Title VI enhances transparency by requiring the Director of National Intelligence to provide more detailed annual reports. These reports must include disaggregated statistics on the number of U.S. person identities in intelligence reports, the number of queries conducted, and criminal proceedings utilizing FISA-derived information. Title VII allows for limited delays in the implementation of certain provisions, up to 180 days, if necessary for technical system development, hiring, or training.
The Security And Freedom Enhancement Act of 2026, or SAFE Act, aims to reauthorize and implement substantial reforms to the Foreign Intelligence Surveillance Act of 1978 (FISA). Its core purpose is to bolster protections for United States persons, increase transparency in intelligence operations, and enhance oversight mechanisms within the foreign intelligence community. The bill addresses concerns regarding the collection, querying, and use of data under FISA authorities. Title I focuses on protections for U.S. persons whose communications are collected under FISA Section 702. It mandates regular audits of Federal Bureau of Investigation (FBI) queries, requiring prior approvals for sensitive queries involving elected officials, media, or religious organizations, and demanding written justifications for all covered queries. The bill also prohibits warrantless access to U.S. person communications content, with specific exceptions for court orders, exigent circumstances, consent, and defensive cybersecurity. Furthermore, Title I introduces new annual reporting requirements for Section 702 queries, detailing the number of queries, content accesses, and exceptions utilized. It establishes clear accountability procedures for FBI personnel who violate query guidelines, including escalating consequences and referrals for misconduct. The legislation explicitly prohibits "reverse targeting" of U.S. persons and mandates FISA Court review of targeting decisions, including random samples of such decisions. Title II introduces additional reforms across FISA activities, requiring the disclosure of all material and exculpatory information in FISA applications. It mandates certifications regarding the accuracy and completeness of these applications, including the reliability of human sources. The bill also limits the use of information from media sources or political campaigns as the sole basis for an application and establishes criminal penalties for knowingly submitting false information or making unauthorized disclosures to the FISA Court. This title also requires federal agencies to establish procedures for ensuring compliance with FISA and taking adverse personnel actions against violators. It limits civil immunity for entities providing assistance to the government without a court order and prohibits avoiding disclosure obligations through "parallel construction" by defining "derived from" broadly. Additionally, it sets a sunset date for the grandfather clause of FISA's business records provision. Title III reforms proceedings before the Foreign Intelligence Surveillance Court (FISC) by expanding the appointment authority for amicus curiae. These amici must possess privacy and civil liberties expertise and are appointed unless deemed inappropriate, especially for cases involving novel legal interpretations or significant civil liberties issues. Amicus curiae are granted broader access to case materials and can petition the FISC to certify questions of law for review by the Foreign Intelligence Surveillance Court of Review or even the Supreme Court. Title IV mandates periodic audits of FISA compliance by the Inspector General of the Department of Justice every three years. These audits will assess alleged or potential violations and the accuracy and completeness of applications and certifications submitted under various FISA sections. The findings of these audits must be reported to relevant congressional committees. Title V introduces significant protections for U.S. persons whose sensitive information is purchased by intelligence and law enforcement agencies. It limits the intelligence community's acquisition of "covered data" (U.S. person data) without a court order, allowing exceptions only for specific purposes like employment, compliance, imminent threats to life or safety, or consent. The bill also establishes strict minimization procedures for any acquired covered data. Similarly, Title V prohibits law enforcement agencies from purchasing personal data from data brokers, with comparable exceptions and minimization requirements. It extends consistent privacy protections to data held by interactive computing services and data brokers, requiring court orders for disclosure where applicable. The bill further protects data entrusted to intermediary or ancillary service providers, preventing their unauthorized disclosure. Finally, Title VI enhances transparency by requiring the Director of National Intelligence to provide more detailed annual reports. These reports must include disaggregated statistics on the number of U.S. person identities in intelligence reports, the number of queries conducted, and criminal proceedings utilizing FISA-derived information. Title VII allows for limited delays in the implementation of certain provisions, up to 180 days, if necessary for technical system development, hiring, or training.