Bill > S4280

This bill, known as the "Security And Freedom Enhancement Act of 2026" or the "SAFE Act," aims to reauthorize and reform certain authorities under the Foreign Intelligence Surveillance Act of 1978 (FISA) while enhancing transparency and oversight. Key provisions include mandatory audits of the Federal Bureau of Investigation's (FBI) queries of data collected under Section 702 of FISA, requiring prior approval for certain sensitive queries involving U.S. persons, and mandating written justification for each query. The bill also prohibits warrantless access to the communications of U.S. persons and individuals in the U.S. under Section 702, with specific exceptions for concurrent authorization, exigent circumstances, consent, and defensive cybersecurity. It introduces annual reporting requirements on query data, establishes accountability procedures for FBI employees who violate query rules, and prohibits "reverse targeting" of U.S. persons or those in the U.S. under Section 702. Furthermore, the bill reforms the Foreign Intelligence Surveillance Court (FISC) by expanding the appointment of amici curiae (friends of the court) with privacy expertise and granting them greater authority to seek review of court decisions. It also mandates public disclosure of certain FISA court documents and enhances reporting requirements for the Director of National Intelligence. The bill also includes provisions to limit intelligence agencies' acquisition of U.S. person data and restricts law enforcement's purchase of personal data from data brokers, aiming to provide more consistent privacy protections. Finally, it introduces criminal penalties for knowingly submitting false information or making material omissions in applications to the FISA court and prohibits avoiding disclosure obligations through "parallel construction," which is defined as the government using information it would not have obtained but for a FISA acquisition, regardless of subsequent attenuation or reacquisition.

https://www.congress.gov/bill/119th-congress/senate-bill/4280/all-info