The Security And Freedom Enhancement (SAFE) Act aims to reauthorize and enact substantial reforms to the Foreign Intelligence Surveillance Act (FISA), with a particular focus on Section 702 authorities. Its core purpose is to bolster protections for United States persons, increase transparency in intelligence collection, and strengthen judicial and congressional oversight of surveillance activities. The bill seeks to balance national security needs with civil liberties concerns by imposing new restrictions and accountability measures on government agencies. Title I introduces significant reforms to query procedures under Section 702, mandating regular audits of Federal Bureau of Investigation (FBI) queries involving U.S. persons. It requires specific prior approvals from FBI attorneys for sensitive queries, such as those identifying elected officials, media members, or religious organizations, and demands written justifications for all covered queries. Crucially, the bill prohibits warrantless access to the communications content of U.S. persons obtained through Section 702, allowing exceptions only for concurrent court orders, exigent circumstances, or consent. This title also enhances accountability by requiring the FBI to establish procedures for addressing violations of query rules, including escalating consequences for employees. It strengthens the prohibition against "reverse targeting," ensuring that Section 702 acquisitions are not intended to target U.S. persons or those in the United States. Furthermore, the FISA Court is granted new authority to review a random sample of targeting decisions and supporting justifications, and Title VII of FISA is extended until April 20, 2028. Title II introduces additional reforms, including a requirement for the government to disclose all material and exculpatory information in FISA applications to the court. It mandates specific accuracy procedures for applications, ensuring thorough review of factual assertions and reliability of human sources, and limits the use of information derived from media sources or political campaigns. The bill also expands criminal penalties for knowingly submitting false information or material omissions to the FISA Court and requires agencies to establish clear procedures for addressing FISA violations by personnel. A significant provision in Title II defines "derived from" broadly to prevent agencies from avoiding disclosure obligations through parallel construction, ensuring that evidence obtained through FISA is properly acknowledged. Title III focuses on judicial reforms, expanding the role of amicus curiae in the FISA Court by making their appointment mandatory in certain cases and granting them the authority to seek review of court decisions. It also expedites the declassification and public disclosure of FISA Court opinions to enhance transparency. Title IV establishes independent executive branch oversight by mandating periodic audits of FISA compliance by the Department of Justice Inspector General, covering the accuracy and completeness of applications across various FISA authorities. Title V introduces groundbreaking protections for U.S. persons whose sensitive information is acquired or purchased by intelligence and law enforcement agencies. It generally prohibits intelligence agencies from acquiring commercially available covered data on U.S. persons without a court order, with narrow exceptions for employment, compliance, life-threatening emergencies, or consent. Similarly, Title V prohibits law enforcement agencies from purchasing covered personal data from data brokers, applying similar exceptions and strict minimization procedures to prevent the acquisition and use of U.S. person data without proper legal authorization. It also extends consistent privacy protections to data held by "online service providers" and "intermediary or ancillary service providers," ensuring that governmental demands for such data meet stringent court order requirements. Finally, Title VI enhances transparency by requiring the Director of National Intelligence to provide more detailed annual reports to Congress, including statistics on U.S. person identities in intelligence reports and queries of unminimized communications, and mandates notification of certain unauthorized disclosures.
Read twice and referred to the Committee on the Judiciary.
SAFE Act
USA119th CongressS-3893| Senate
| Updated: 2/23/2026
The Security And Freedom Enhancement (SAFE) Act aims to reauthorize and enact substantial reforms to the Foreign Intelligence Surveillance Act (FISA), with a particular focus on Section 702 authorities. Its core purpose is to bolster protections for United States persons, increase transparency in intelligence collection, and strengthen judicial and congressional oversight of surveillance activities. The bill seeks to balance national security needs with civil liberties concerns by imposing new restrictions and accountability measures on government agencies. Title I introduces significant reforms to query procedures under Section 702, mandating regular audits of Federal Bureau of Investigation (FBI) queries involving U.S. persons. It requires specific prior approvals from FBI attorneys for sensitive queries, such as those identifying elected officials, media members, or religious organizations, and demands written justifications for all covered queries. Crucially, the bill prohibits warrantless access to the communications content of U.S. persons obtained through Section 702, allowing exceptions only for concurrent court orders, exigent circumstances, or consent. This title also enhances accountability by requiring the FBI to establish procedures for addressing violations of query rules, including escalating consequences for employees. It strengthens the prohibition against "reverse targeting," ensuring that Section 702 acquisitions are not intended to target U.S. persons or those in the United States. Furthermore, the FISA Court is granted new authority to review a random sample of targeting decisions and supporting justifications, and Title VII of FISA is extended until April 20, 2028. Title II introduces additional reforms, including a requirement for the government to disclose all material and exculpatory information in FISA applications to the court. It mandates specific accuracy procedures for applications, ensuring thorough review of factual assertions and reliability of human sources, and limits the use of information derived from media sources or political campaigns. The bill also expands criminal penalties for knowingly submitting false information or material omissions to the FISA Court and requires agencies to establish clear procedures for addressing FISA violations by personnel. A significant provision in Title II defines "derived from" broadly to prevent agencies from avoiding disclosure obligations through parallel construction, ensuring that evidence obtained through FISA is properly acknowledged. Title III focuses on judicial reforms, expanding the role of amicus curiae in the FISA Court by making their appointment mandatory in certain cases and granting them the authority to seek review of court decisions. It also expedites the declassification and public disclosure of FISA Court opinions to enhance transparency. Title IV establishes independent executive branch oversight by mandating periodic audits of FISA compliance by the Department of Justice Inspector General, covering the accuracy and completeness of applications across various FISA authorities. Title V introduces groundbreaking protections for U.S. persons whose sensitive information is acquired or purchased by intelligence and law enforcement agencies. It generally prohibits intelligence agencies from acquiring commercially available covered data on U.S. persons without a court order, with narrow exceptions for employment, compliance, life-threatening emergencies, or consent. Similarly, Title V prohibits law enforcement agencies from purchasing covered personal data from data brokers, applying similar exceptions and strict minimization procedures to prevent the acquisition and use of U.S. person data without proper legal authorization. It also extends consistent privacy protections to data held by "online service providers" and "intermediary or ancillary service providers," ensuring that governmental demands for such data meet stringent court order requirements. Finally, Title VI enhances transparency by requiring the Director of National Intelligence to provide more detailed annual reports to Congress, including statistics on U.S. person identities in intelligence reports and queries of unminimized communications, and mandates notification of certain unauthorized disclosures.