S3234-118

Introduced

To implement reforms relating to foreign intelligence surveillance authorities, and for other purposes.

118th Congress Introduced Nov 7, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The Government Surveillance Reform Act of 2023 overhauls foreign intelligence surveillance law by requiring warrants for queries of US persons' communications, imposing data retention limits, strengthening court oversight, and extending privacy protections to electronic communications, location data, and vehicle data. It also extends Section 702 of FISA for four years until September 30, 2027.

Who Benefits and How

US citizens and residents gain stronger privacy protections: intelligence agencies must obtain warrants before querying their communications, collected data must be destroyed within 5 years, and there are new safeguards against reverse targeting. Tech companies benefit from clearer rules on technical assistance demands and reduced compliance burden when resisting overly broad requests.

Who Bears the Burden and How

Intelligence agencies (NSA, FBI, CIA) face new warrant requirements and documentation obligations that add procedural steps to surveillance activities. The Department of Justice must implement new accuracy certification procedures and reporting requirements. Law enforcement agencies lose the ability to purchase personal data from data brokers without warrants.

Key Provisions

  • Prohibits warrantless queries of US persons' communications under Section 702
  • Requires data collected on US persons be destroyed within 5 years
  • Extends Section 702 authority for 4 years (until September 2027)
  • Requires warrants for location data, web browsing history, and vehicle data
  • Prohibits law enforcement from purchasing data from data brokers without warrants

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Reforms government surveillance authorities under FISA and related laws to strengthen privacy protections for US persons while extending Section 702 for four years

Key Policy Areas

National Security, Civil Liberties, Privacy, Law Enforcement, Technology

Primary Purpose

Reforms government surveillance authorities under FISA and related laws to strengthen privacy protections for US persons while extending Section 702 for four years

Policy Domains

National Security Civil Liberties Privacy Law Enforcement Technology

Title I - Reforms to Section 702 of FISA

Identified Gains
Contextual inference, no direct clause citation
  • US citizens and residents
  • Privacy advocates
  • Electronic communication service providers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Intelligence agencies (NSA, FBI, CIA)
  • Department of Justice
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title V - Electronic Communications Privacy

Identified Gains
Contextual inference, no direct clause citation
  • US citizens and residents
  • Email service users
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Law enforcement agencies
  • Data brokers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title II - Court Supervision and Accountability

Identified Gains
Contextual inference, no direct clause citation
  • FISA Court
  • Civil liberties organizations
  • Defense attorneys
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Department of Justice
  • FBI
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title IV - Inspector General Oversight

Identified Gains
Contextual inference, no direct clause citation
  • Privacy and Civil Liberties Oversight Board
  • Congressional oversight committees
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Intelligence agency Inspectors General
  • Department of Justice
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title IX - General Provisions

Identified Gains
Contextual inference, no direct clause citation
  • Attorney General
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title VI - Cell Site Simulators

Identified Gains
Contextual inference, no direct clause citation
  • US citizens and residents
  • Criminal defendants
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Law enforcement agencies
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title III - Intelligence Community Surveillance

Identified Gains
Contextual inference, no direct clause citation
  • US citizens and residents
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Intelligence community agencies
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title VII - Vehicle Data Protection

Identified Gains
Contextual inference, no direct clause citation
  • Vehicle owners
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Law enforcement agencies
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title VIII - Reporting Requirements

Identified Gains
Contextual inference, no direct clause citation
  • Congressional oversight committees
  • Public
  • Privacy advocates
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Director of National Intelligence
  • Administrative Office of US Courts
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Nov 7, 2023

Mr. Wyden (for himself, Mr. Lee, Ms. Baldwin, Ms. Lummis, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
73 mentions across 48 clauses
+10 positive -62 negative ?1 uncertain

Administrative Office of US Courts, Attorney General, Attorney General and DOJ National Security Division

Department of Justice, Privacy and Civil Liberties Oversight Board face effects in multiple directions

Positive-direction: Congressional intelligence and judiciary committees, Congressional oversight committees, Intelligence community agencies subject to new requirements, Intelligence community employees

Negative-direction: Administrative Office of US Courts, Attorney General, Attorney General and DOJ National Security Division, CIA, Criminal prosecutors, DOJ Inspector General, Director of National Intelligence, FBI, FBI and intelligence agencies using emergency authorities, Federal Bureau of Investigation, Federal agencies receiving voluntary disclosures from service providers, Federal and state judges issuing surveillance orders, Federal government, Federal judges issuing pen register and trap and trace orders, Federal law enforcement agencies, Foreign Intelligence Surveillance Court, Government agencies seeking data from non-ISP data holders, HIDTA surveillance programs, Intelligence agencies, Intelligence agencies (NSA, FBI, CIA), Intelligence agency employees, Intelligence community Inspectors General, Intelligence community agencies, Intelligence community agencies conducting Section 702 collection, Intelligence community elements conducting surveillance, Law enforcement agencies purchasing surveillance data, Law enforcement agencies seeking digital surveillance data, Law enforcement agencies seeking stored communications, Law enforcement agencies seeking vehicle data, Law enforcement agencies using cell-site simulator technology, Law enforcement and investigative officers, NSA, National Security Agency, Office of the Director of National Intelligence, Prosecutors and law enforcement agencies

General Public
34 mentions across 34 clauses
+34 positive

Civil rights plaintiffs, Communications service users whose data may be voluntarily disclosed, Criminal defendants

Civic & Social Organizations
6 mentions across 6 clauses
+5 positive -1 negative

Civil liberties advocacy organizations, Civil liberties advocates seeking prompt reform implementation, Civil liberties organizations and public oversight groups

Positive-direction: Civil liberties advocacy organizations, Civil liberties organizations and public oversight groups, Civil liberties organizations monitoring surveillance programs, Civil rights and religious freedom organizations, Privacy advocates and civil liberties organizations

Negative-direction: Civil liberties advocates seeking prompt reform implementation

Federal Courts
5 mentions across 5 clauses
+3 positive -1 negative ?1 uncertain

FISA Court, Foreign Intelligence Surveillance Court

FISA Court faces effects in multiple directions

Technology
5 mentions across 5 clauses
+2 positive -3 negative

Email service providers and cloud storage companies, Interactive computer service providers including social media platforms, Technology companies

Positive-direction: Technology companies, Technology companies and telecommunications providers receiving national security orders

Negative-direction: Email service providers and cloud storage companies, Interactive computer service providers including social media platforms, Technology companies and ISPs holding user location and browsing data

Civic Organizations
4 mentions across 4 clauses
+4 positive

Civil liberties organizations

Data Processing Services
4 mentions across 4 clauses
-4 negative

Cloud infrastructure and data center providers, Data brokers, Data brokers and data aggregation companies

Telecommunications
4 mentions across 4 clauses
+1 positive -2 negative ?1 uncertain

CDN and transmission service providers, Electronic communication service providers, Manufacturers of cell-site simulator equipment

Positive-direction: Electronic communication service providers

Negative-direction: CDN and transmission service providers, Manufacturers of cell-site simulator equipment

55/66
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
National Security Civil Liberties Privacy
Actor Mappings
"the_court"
→ Foreign Intelligence Surveillance Court
"the_director"
→ Director of National Intelligence
"the_attorney_general"
→ Attorney General of the United States
Domains
National Security Civil Liberties
Actor Mappings
"the_court"
→ Foreign Intelligence Surveillance Court
"the_attorney_general"
→ Attorney General of the United States
Domains
National Security Privacy
Actor Mappings
"the_director"
→ Director of National Intelligence
Domains
National Security Government Accountability
Actor Mappings
"the_inspector_general"
→ Inspectors General of Intelligence Community elements
Domains
Privacy Law Enforcement Technology
Actor Mappings
"the_attorney_general"
→ Attorney General of the United States
Domains
Privacy Law Enforcement Technology
Domains
Privacy Law Enforcement Technology
Domains
National Security Government Accountability
Actor Mappings
"the_director"
→ Director of National Intelligence
"the_director_aousc"
→ Director of Administrative Office of US Courts
Domains
National Security
Actor Mappings
"the_attorney_general"
→ Attorney General of the United States

Key Definitions

Terms defined in this bill

6 terms
"Foreign Intelligence Surveillance Court" §2a

The court established under section 103(a) of FISA

"Foreign Intelligence Surveillance Court of Review" §2b

The court established under section 103(b) of FISA

"appropriate committees of Congress" §2c

Congressional intelligence committees, Senate Judiciary Committee, and House Judiciary Committee

"covered data" §301

Personally identifiable information obtained from a third party

"covered information" §304

Personally identifiable information acquired by any means

"covered vehicle data" §701

Data from electronic systems, sensors, or onboard devices that can be used to track or monitor vehicle location or movement

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology