S3351-118

Introduced

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.

118th Congress Introduced Nov 28, 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

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

National Security Civil Liberties Intelligence Law Enforcement Government Oversight

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
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • FBI personnel
  • Intelligence agency compliance staff
Model: N/A | Version: bill_summary_v2 | Source: is

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
Model: N/A | Version: bill_summary_v2 | Source: is

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
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Nov 28, 2023

Mr. 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.

Law Enforcement
8 mentions across 8 clauses
-8 negative

Assistant Attorney General for National Security, DOJ and FBI FISA applicants, DOJ and FBI officials who submit FISA applications

Government
7 mentions across 7 clauses
+4 positive -3 negative

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

General Public
5 mentions across 4 clauses
+4 positive ?1 uncertain

Targets of FISA surveillance applications, Targets of FISA surveillance who are U.S. persons, U.S. elected officials, journalists, and religious organizations

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

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)

Judiciary
4 mentions across 4 clauses
+4 positive

Foreign Intelligence Surveillance Court

Professional Services
2 mentions across 2 clauses
+2 positive

Court-appointed amicus curiae attorneys, Legal professionals who may serve as court advisors

Advocacy Groups
2 mentions across 2 clauses
+2 positive

Privacy and civil liberties advocates, Privacy and civil liberties experts

Political Organizations
2 mentions across 1 clause
+1 positive -1 negative

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

15/21
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
National Security Civil Liberties Law Enforcement
Actor Mappings
"the_dni"
→ Director of National Intelligence
"the_director"
→ Director of the Federal Bureau of Investigation
"the_attorney_general"
→ Attorney General of the United States
Domains
Judicial Oversight Civil Liberties Government Transparency
Actor Mappings
"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

4 terms
"United States person query term" §102

A query term reasonably believed to identify a specific United States person

"batch job technology" §103

FBI technology that allows automated querying of multiple terms against Section 702 data

"sensitive investigative matter" §203

Investigation targeting U.S. elected officials, presidential appointees, political candidates, political organizations, news media, or religious organizations

"covered agency" §211

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