The SAFE Act (Security and Freedom Enhancement Act of 2026) reauthorizes key surveillance authorities under the Foreign Intelligence Surveillance Act through April 20, 2028, while implementing significant reforms to increase transparency, oversight, and protections for Americans' privacy. The bill establishes strict procedures for FBI queries of surveillance data, requiring 180-day audits submitted to Congress, mandatory attorney approval for sensitive searches targeting politicians and journalists, and a valid foreign intelligence purpose for all searches. It strengthens judicial oversight by requiring the Foreign Intelligence Surveillance Court to review random samples of targeting decisions and expands the role of privacy advocates in court proceedings involving novel legal issues or First Amendment concerns. The bill also prohibits intelligence agencies and law enforcement from purchasing Americans' personal data from commercial data brokers unless authorized by court order or specific exceptions like emergencies, adds criminal penalties for submitting false statements to FISA courts, and ends the practice of "parallel construction" where intelligence is secretly used to develop criminal cases. Several provisions include implementation timelines, with the Attorney General given up to 180 days to delay certain requirements if necessary to develop systems and training.
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