What does Preamble of SAFE Act do?

This bill amends the Foreign Intelligence Surveillance Act of 1978. The bill aims to reauthorize and reform certain authorities within the Act. It also intends to provide greater transparency and oversight related to the Act.

What does QUERY PROCEDURE REFORM. of SAFE Act do?

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What does ANNUAL REPORTS. of SAFE Act do?

This section amends the Foreign Intelligence Surveillance Act of 1978 to establish annual reporting requirements. The Attorney General, in consultation with the Director of National Intelligence, must submit an annual report to specified congressional committees. The report must include disaggregated data from each agency conducting queries under section 702, detailing the number of covered queries. The report must also detail the number of times communications contents or information requiring a probable cause warrant were accessed. Specific data points include the number of applications for orders, exceptions asserted, queries conducted using batch job technology, and queries run on behalf of other agencies. The annual report will be made publicly available in April, following declassification review, and will cover the previous calendar year.

What does ACCOUNTABILITY AND REPORTING PROCEDURES FOR COMPLIANCE of SAFE Act do?

This section amends Title VII of the Foreign Intelligence Surveillance Act of 1978 by adding Section 710. The Director of the Federal Bureau of Investigation (FBI) is required to establish procedures to hold FBI employees accountable for violations of law, guidance, and procedure related to queries of information acquired under section 702. These procedures must include centralized tracking of employee performance incidents involving violations. Consequences for incidents will escalate, including suspension of access to information and documentation in personnel files for initial incidents. Subsequent incidents may result in indefinite suspension of access, reassignment, and referral to the FBI’s Inspection Division. The procedures must clarify requirements for referring intentional misconduct and reckless conduct to the Inspection Division for investigation and disciplinary action.

What does PROHIBITION ON REVERSE TARGETING OF UNITED STATES PERSONS AND of SAFE Act do?

This section amends Section 702 of the Foreign Intelligence Surveillance Act of 1978. The amendments modify the conditions under which foreign intelligence acquisitions can be authorized. The revised language prohibits targeting United States persons or persons reasonably believed to be located in the United States as a purpose of such acquisitions. The amendments specify that acquisitions should be limited to targeting non-United States persons located outside the United States.

What does FISA COURT REVIEW OF TARGETING DECISIONS. of SAFE Act do?

This section amends Section 702 of the Foreign Intelligence Surveillance Act of 1978. Subsection (h)(2) is modified to include a requirement to include a random sample of targeting decisions and supporting written justifications from the prior year. The sample size and methodology for this random sample must be approved by the Foreign Intelligence Surveillance Court. Subsection (j)(1) is amended to reference subsection (h) instead of subsection (g). Subsection (j)(1)(A) is further amended to include reviewing the random sample of targeting decisions and written justifications submitted under subsection (h)(2)(F).

What does SUNSET OF CHANGES TO DEFINITION OF ELECTRONIC COMMUNICATION of SAFE Act do?

This section amends the Foreign Intelligence Surveillance Act of 1978. Amendments are made to sections 701(b)(4) and 801(6) of the Act. Subparagraph (E) is struck in both sections 701(b)(4) and 801(6). Subparagraphs (F) and (G) in section 801(6) are redesignated as (E) and (F) respectively. The term 'custodian' is struck from redesignated subparagraph (E) in both sections. References to '(D), or (E)' are replaced with '(D) or (E)' in section 701(b)(4) and '(E), or (F)' are replaced with '(E) or (F)' in section 801(6).

What does LIMITATION ON DIRECTIVES UNDER FOREIGN INTELLIGENCE of SAFE Act do?

This section amends Section 702(i) of the Foreign Intelligence Surveillance Act of 1978 to add limitations relating to directives issued to certain electronic communication service providers. It defines 'appropriate committees of Congress' as including congressional intelligence committees, and the Senate and House Judiciary Committees. The term 'covered electronic communication service provider' is defined and includes specific types of service providers and their officers, employees, or agents, with certain exclusions. It requires a declassification review of opinions from the Foreign Intelligence Surveillance Court and Court of Review related to specific covered service providers. Directives issued to covered providers must include a summary description of the services at issue in the covered opinions, unless a prior summary exists and hasn't materially changed. The Attorney General must notify the Foreign Intelligence Surveillance Court and provide Congress with directives and related information within specified timeframes. The Foreign Intelligence Surveillance Court may review directives to ensure consistency with the established limitations. The Attorney General must submit quarterly reports to Congress on the number of directives served and provided to the Foreign Intelligence Surveillance Court. These provisions are set to expire on December 31, 2026.

What does EXTENSION OF TITLE VII OF FISA; EXPIRATION OF FISA of SAFE Act do?

This section amends the FISA Amendments Act of 2008 to extend certain authorities. Specifically, it modifies sections 403(b) and 404(b) of the FISA Amendments Act of 2008. The amendments set expiration dates for these authorities to April 20, 2028. The text also updates references to previous amendments, replacing phrases referencing specific acts with 'as most recently amended'.

What does REQUIRED DISCLOSURE OF INFORMATION AND LIMITS ON USE OF of SAFE Act do?

This section amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the disclosure of relevant information in FISA applications. It adds a new section 901 to Title IX of FISA, mandating that the Attorney General or other federal officers provide courts with all material government information, including exculpatory information, when applying for a court order. Section 702(h)(2) of FISA is amended to require certification that the Attorney General and Director of National Intelligence have been informed of information that could question the accuracy of certifications or raise doubts about required findings. The amendments include clerical changes to section 702(h)(2).