109 S4280 PCS: Security And Freedom Enhancement Act of 2026 U.S. Senate 2026-04-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 371119th CONGRESS2d SessionS. 4280IN THE SENATE OF THE UNITED STATESApril 13, 2026Mr. Lee (for himself and Mr. Durbin) introduced the following bill; which was read the first timeApril 14, 2026Read the second time and placed on the calendarA BILLTo amend the Foreign Intelligence Surveillance Act of 1978 to reauthorize and reform certain authorities and to provide greater transparency and oversight.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Security And Freedom Enhancement Act of 2026 or the SAFE Act.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Protections for United States persons whose communications are collected under section 702 of the Foreign Intelligence Surveillance Act of 1978Sec. 101. Query procedure reform.Sec. 102. Annual reports.Sec. 103. Accountability and reporting procedures for compliance violations relating to queries conducted by the Federal Bureau of Investigation.Sec. 104. Prohibition on reverse targeting of United States persons and persons located in the United States.Sec. 105. FISA court review of targeting decisions.Sec. 106. Sunset of changes to definition of electronic communication service provider.Sec. 107. Limitation on directives under Foreign Intelligence Surveillance Act of 1978 relating to certain electronic communication service providers.Sec. 108. Extension of title VII of FISA; expiration of FISA authorities; effective dates.TITLE II—Additional reforms relating to activities under the Foreign Intelligence Surveillance Act of 1978Sec. 201. Required disclosure of information and limits on use of certain information and on issuance of orders.Sec. 202. Criminal penalties for violations of FISA.Sec. 203. Agency procedures To ensure compliance.Sec. 204. Limit on civil immunity for providing information, facilities, or technical assistance to the Government absent a court order.Sec. 205. Prohibition on avoiding disclosure obligations through parallel construction.Sec. 206. Sunset on grandfather clause of FISA’s business records provision.TITLE III—Reforms relating to proceedings before the Foreign Intelligence Surveillance Court and other courtsSec. 301. Foreign Intelligence Surveillance Court reform.Sec. 302. Public disclosure and declassification of certain documents.Sec. 303. Technical amendment to contempt power of FISC and FISC-R.TITLE IV—Independent executive branch oversightSec. 401. Periodic audit of FISA compliance by Inspector General.TITLE V—Protections for United States persons whose sensitive information is purchased by intelligence and law enforcement agenciesSec. 501. Limitation on intelligence acquisition of United States person data.Sec. 502. Limitation on law enforcement purchase of personal data from data brokers.Sec. 503. Consistent protections for demands for data held by interactive computing services.Sec. 504. Consistent privacy protections for data held by data brokers.Sec. 505. Protection of data entrusted to intermediary or ancillary service providers.TITLE VI—TransparencySec. 601. Enhanced reports by Director of National Intelligence.Sec. 602. Notification to Congress of certain unauthorized disclosures.TITLE VII—Limited delays in implementationSec. 701. Limited delays in implementation.

.(2)

Collection of communications under section 702

Section 702(h)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(h)(2)) is amended—(A)in subparagraph (D)(ii), by striking and at the end; (B)in subparagraph (E), by striking the period at the end and inserting ; and; and(C)by adding at the end the following: (F)attest that, to the best of the knowledge of the person making the certification, the Attorney General and the Director of National Intelligence have been apprised of all information in the possession of the Government that might reasonably—(i)call into question the accuracy of the certification or the reasonableness of any assessment in the certification conducted by the department or agency on whose behalf the application is made; or(ii)otherwise raise doubts with respect to the findings that are required to be made under subsection (j)..(3)

Clerical amendments

(A)The table of contents for the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following:TITLE IX—Required disclosure of relevant information Sec. 901. Disclosure of relevant information..(B)Section 104(a)(13) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(13)) is repealed.(C)Section 10(a)(7) of the Reforming Intelligence and Securing America Act (50 U.S.C. 1804 note) is repealed.(b)

Certification regarding accuracy procedures

(1)

Certification regarding accuracy procedures

Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section, is amended by adding at the end the following:

902.

Certification regarding accuracy procedures

(a)

Definition of accuracy procedures

In this section, the term accuracy procedures means specific procedures, adopted by the Attorney General, to ensure that an application for a court order under this Act, including any application for renewal of an existing order, is accurate and complete, including procedures that ensure, at a minimum, that—(1)the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about or contradicts the requested findings;(2)the application reflects all material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application;(3)a complete file documenting each factual assertion in an application is maintained;(4)the applicant coordinates with the appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), concerning any prior or existing relationship with the target of any surveillance, search, or other means of investigation, and discloses any such relationship in the application;(5)before any application targeting a United States person (as defined in section 101) is made, the applicant Federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application; and(6)the applicant Federal agency establish compliance and auditing mechanisms to address, on an annual basis, the efficacy of the accuracy procedures that have been adopted and report such findings to the Attorney General.(b)

Statement and certification of accuracy procedures

Any Federal officer making an application for a court order under this Act shall include with the application—(1)a description of the accuracy procedures employed by the officer or the officer's designee; and(2)a certification that the officer or the officer's designee has collected and reviewed for accuracy and completeness—(A)supporting documentation for each factual assertion contained in the application;(B)all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; and(C)all material information that might reasonably call into question the reliability and reporting of any information from any confidential human source that is used in the application.(c)

Necessary finding for court orders

A judge may not enter an order under this Act unless the judge finds, in addition to any other findings required under this Act, that the accuracy procedures described in the application for the order, as required under subsection (b)(1), are actually accuracy procedures as defined in this section.

.(2)

Technical amendment

The table of contents for the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is amended by adding at the end the following:Sec. 902. Certification regarding accuracy procedures..(c)

Prohibition on use of certain information

(1)

In general

Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended by adding at the end the following:(e)The statement of facts and circumstances under subsection (a)(3) may only include information obtained from the content of a media source or information gathered by a political campaign if—(1)such information is disclosed in the application as having been so obtained or gathered;(2)with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and(3)with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in subsection (a)(3)..(2)

Technical and conforming amendments

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—(A)in section 104(a)(6) (50 U.S.C. 1804(a)(6))—(i)in subparagraph (D), by striking the semicolon at the end and inserting ; and; (ii)in subparagraph (E)(ii), by striking and at the end; and(iii)by striking subparagraphs (F) and (G); and(B)in section 303(a)(6) (50 U.S.C. 1823(a)(6))—(i)in subparagraph (D), by striking the semicolon at the end and inserting ; and; (ii)in subparagraph (E), by striking and at the end; and(iii)by striking subparagraphs (F) and (G).(d)

Limitation on issuance of order

Section 105(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(a)) is amended—(1)in paragraph (3), by striking ; and and inserting a semicolon;(2)in paragraph (4), by striking the period and inserting ; and; and(3)by adding at the end the following:(5)for an application that is based, in any part, on information obtained from the content of a media source, on information gathered by a political campaign, or on information relating to activity protected under the First Amendment to the Constitution of the United States—(A)such information is disclosed in the application as having been so obtained or gathered, or as being so related; (B)with regard to information gathered from the content of a media source, the application includes an explanation of the investigative techniques used to corroborate the information; and(C)with regard to information gathered by a political campaign, such information is not the sole source of the information used to justify the applicant’s belief described in section 104(a)(3)..(e)

Conforming repeal of RISAA exculpatory information requirements

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—(1)in section 104(a) (50 U.S.C. 1804(a)), by striking paragraph (13); (2)in section 303(a) (50 U.S.C. 1823(a)), by striking paragraph (11); (3)in section 402(c) (50 U.S.C. 1842(c))—(A)in paragraph (3), by adding and at the end; (B)in paragraph (4)(B), by striking ; and and inserting a period; and(C)by striking paragraph (5); (4)in section 502(b)(2) (50 U.S.C. 1862(b)(2))—(A)in subparagraph (B), by adding and at the end; (B)by redesignating subparagraph (E) as subparagraph (C);(C)in subparagraph (C)(ii), as so redesignated, by striking ; and and inserting a period; and(D)by striking subparagraph (F); (5)in section 703(b)(1) (50 U.S.C. 1881b(b)(1))—(A)in subparagraph (J), by adding and at the end; (B)in subparagraph (K)(ii), by striking ; and and inserting a period; and(C)by striking subparagraph (L); and(6)in section 704(b) (50 U.S.C. 1881c(b))—(A)in paragraph (7), by adding and at the end; (B)in paragraph (8)(B), by striking ; and and inserting a period; and(C)by striking paragraph (9).

202.

Criminal penalties for violations of FISA

(a)

In general

Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(a)) is amended—(1)in paragraph (2), by striking or at the end;(2)in paragraph (3), by striking the period at the end and inserting a semicolon; and(3)by adding at the end the following:(4)knowingly submits any document to or makes any statement before the court established under section 103(a) or the court established under section 103(b), knowing such document or statement to contain—(A)a false material declaration; or(B)a material omission; or(5)knowingly discloses the existence of an application for an order authorizing surveillance under this title, or any information contained therein, to any person not authorized to receive such information, except insofar as such disclosure is authorized by statute or executive order setting forth permissible disclosures by whistleblowers..(b)

Rule of construction

This section and the amendments made by this section may not be construed to interfere with the enforcement of section 798 of title 18, United States Code, or any other provision of law regarding the unlawful disclosure of classified information.

203.

Agency procedures To ensure compliance

(a)

Agency procedures to ensure compliance

Title VI of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding at the end the following:

605.

Agency procedures to ensure compliance

The head of each Federal department or agency authorized to acquire foreign intelligence information under this Act shall establish procedures—(1)setting forth clear rules on what constitutes a violation of this Act by an officer or employee of that department or agency; and(2)for taking appropriate adverse personnel action against any officer or employee of the department or agency who engages in a violation described in paragraph (1), including more severe adverse personnel actions for any subsequent violation by such officer or employee.

.(b)

Clerical amendment

The table of contents for the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 604 the following:Sec. 605. Agency procedures to ensure compliance..(c)

Report

Not later than 90 days after the date of enactment of this Act, the head of each Federal department or agency that is required to establish procedures under section 605 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section, shall report to Congress on the implementation of such procedures.

204.

Limit on civil immunity for providing information, facilities, or technical assistance to the Government absent a court order

Section 2511(2)(a) of title 18, United States Code, is amended—(1)in subparagraph (ii), by striking clause (B) and inserting the following:(B)a certification in writing—(I)by a person specified in section 2518(7) or the Attorney General of the United States;(II)that the requirements for an emergency authorization to intercept a wire, oral, or electronic communication under section 2518(7) have been met; and(III)that the specified assistance is required,; and(2)by striking subparagraph (iii) and inserting the following:(iii)For assistance provided pursuant to a certification under subparagraph (ii)(B), the limitation on causes of action under the last sentence of the matter following that subparagraph shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied, the time the communication sought was obtained, or 48 hours after the interception began..

205.

Prohibition on avoiding disclosure obligations through parallel construction

(a)

Derived defined

(1)

In general

Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is amended by adding at the end the following:(q)Derived from, with respect to an electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition under this Act or pursuant to executive authority, means the Government would not have originally possessed the information or evidence but for that electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition, which shall be determined without regard to any claim that the information or evidence is attenuated from the surveillance, search, use, production, or acquisition, would inevitably have been discovered, or was subsequently reobtained through other means..(2)

Conforming addition to other titles

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—(A)in section 301(1) (50 U.S.C. 1821(1)), by inserting derived from, after destruction’,; (B)in section 401(1) (50 U.S.C. 1841(1)), by inserting derived from, after person’,; (C)in section 501(1) (50 U.S.C. 1861(1)), by inserting derived from, after terrorism’,; and(D)in section 701(a) (50 U.S.C. 1881(a)), by inserting derived from, after United States’,. (b)

Policies and guidance

(1)

In general

Not later than 90 days after the date of enactment of this Act, the Attorney General and the Director of National Intelligence shall publish—(A)policies concerning the application of subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a); and(B)guidance for all members of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) and all Federal agencies with law enforcement responsibilities concerning the application of subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a).(2)

Modifications

Whenever the Attorney General and the Director of National Intelligence modify a policy or guidance published under paragraph (1), the Attorney General and the Director shall publish the modifications.(c)

Use of information acquired under title VII

Section 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e) is amended—(1)in subsection (a)(1), by striking , except for the purposes of subsection (j) of such section; and(2)by amending subsection (b) to read as follows:(b)

Information acquired under sections 703, 704, or 705

Information acquired under section 703, 704, or 705 shall be deemed to be information acquired from an electronic surveillance pursuant to title I for the purposes of section 106..

206.

Sunset on grandfather clause of FISA’s business records provision

Section 102(b)(2) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note) is amended by inserting , except that title V of the Foreign Intelligence Surveillance Act of 1978, as in effect on March 14, 2020, shall cease to be in effect with respect to such an investigation, offense, or potential offense on the date that is 180 days after the date of the enactment of the SAFE Act after continue in effect.

April 14, 2026Read the second time and placed on the calendar