To amend the Foreign Intelligence Surveillance Act of 1978 to extend certain expiring authorities, to restore certain expired authorities, and to institute reforms to protect the civil liberties of United States persons, and for other purposes.
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
This bill extends the government's foreign intelligence surveillance authorities under Section 702 of FISA through 2035. It also adds significant new safeguards to protect U.S. citizens' privacy when their communications are searched, particularly by the FBI, and strengthens independent oversight of the surveillance court.
Who Benefits and How
Intelligence and law enforcement agencies retain their ability to conduct warrantless surveillance of foreign targets through 2035. Civil liberties advocates and U.S. persons benefit from new restrictions on FBI queries of surveillance data, mandatory training requirements, and enhanced amicus curiae participation in FISA Court proceedings. Members of Congress, journalists, and religious organizations receive special protections requiring high-level approval before their data can be queried.
Who Bears the Burden and How
The FBI faces significant new compliance requirements including mandatory training, written justifications for searches, opt-in system requirements, and potential disciplinary actions for non-compliance. Government applicants to the FISA Court must now certify accuracy of their applications and may face increased penalties (up to 10 years imprisonment) for misconduct. Executive branch agencies must appoint Compliance Officers and undergo routine audits.
Key Provisions
- Extends Section 702 surveillance authority from 2023 to December 31, 2035
- Prohibits FBI queries solely designed to find evidence of crimes (with exceptions for threats to life)
- Requires FBI to get written approval before querying data about U.S. elected officials, journalists, or religious figures
- Expands amicus curiae powers to challenge FISA Court decisions and petition for Supreme Court review
- Establishes FISA Reform Commission to study ongoing reforms
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
Extends FISA Section 702 surveillance authorities through 2035 while adding new privacy protections, FBI compliance requirements, enhanced amicus curiae powers, and congressional oversight mechanisms.
Key Policy Areas
National Security, Civil Liberties, Intelligence, Law Enforcement, Government Oversight
Primary Purpose
Extends FISA Section 702 surveillance authorities through 2035 while adding new privacy protections, FBI compliance requirements, enhanced amicus curiae powers, and congressional oversight mechanisms.
Policy Domains
Title I - FISA Reform Modernization
Identified Gains
Contextual inference, no direct clause citation- Intelligence community
- Civil liberties advocates
- U.S. persons subject to surveillance
- Members of Congress
- Journalists
- Religious organizations
Contextual inference, no direct clause citation
Identified Costs
Contextual inference, no direct clause citation- FBI personnel
- Intelligence agency compliance staff
Contextual inference, no direct clause citation
Title II - Reforms to the Foreign Intelligence Surveillance Court
Identified Gains
Contextual inference, no direct clause citation- FISA Court
- Amicus curiae attorneys
- Privacy and civil liberties community
- Congressional oversight committees
Contextual inference, no direct clause citation
Identified Costs
Contextual inference, no direct clause citation- DOJ and FBI FISA applicants
- Government employees involved in FISA proceedings
- Executive branch agencies
Contextual inference, no direct clause citation
Sponsors
Legislative Progress
IntroducedMr. Warner (for himself, Mr. Rubio, Mr. Graham, Mr. Wicker, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Assistant Attorney General for National Security, DOJ and FBI FISA applicants, DOJ and FBI officials who submit FISA applications
Commission members and staff, Congressional intelligence and judiciary committees, Congressional intelligence committees
Positive-direction: Commission members and staff, Congressional intelligence and judiciary committees, Congressional intelligence committees, Members of Congress
Negative-direction: Government employees who might make false statements or leak FISA applications, Inspectors General of covered agencies, Parties appearing before FISA Court
Targets of FISA surveillance applications, Targets of FISA surveillance who are U.S. persons, U.S. elected officials, journalists, and religious organizations
FISA Compliance Officers at covered agencies, Intelligence Community, Intelligence agencies conducting Section 702 queries
Positive-direction: Intelligence agencies conducting Section 702 queries
Negative-direction: FISA Compliance Officers at covered agencies, Intelligence agencies that use FISA authorities (FBI, NSA, CIA)
Court-appointed amicus curiae attorneys, Legal professionals who may serve as court advisors
Privacy and civil liberties advocates, Privacy and civil liberties experts
Political candidates and officials targeted by FISA applications, Political organizations conducting opposition research
Positive-direction: Political candidates and officials targeted by FISA applications
Negative-direction: Political organizations conducting opposition research
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_dni"
- → Director of National Intelligence
- "the_director"
- → Director of the Federal Bureau of Investigation
- "the_attorney_general"
- → Attorney General of the United States
- "the_court"
- → Foreign Intelligence Surveillance Court
- "amicus_curiae"
- → Court-appointed independent legal advocates
- "the_court_of_review"
- → Foreign Intelligence Surveillance Court of Review
- "the_attorney_general"
- → Attorney General of the United States
Key Definitions
Terms defined in this bill
A query term reasonably believed to identify a specific United States person
FBI technology that allows automated querying of multiple terms against Section 702 data
Investigation targeting U.S. elected officials, presidential appointees, political candidates, political organizations, news media, or religious organizations
A department or agency of the U.S. Government that has authority to submit FISA applications and receives unminimized collection pursuant to FISA orders
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