Government Surveillance Reform Act of 2023

This bill makes broad changes to U.S. surveillance laws, mainly by adding restrictions on how the government can collect and use data about Americans, increasing court and inspector general oversight, and expanding privacy protections for electronic communications and vehicle data. It covers surveillance under the Foreign Intelligence Surveillance Act (FISA), Executive Order 12333, and other laws, and includes transparency and reporting requirements.

Sec. 2, Definitions: Adds new definitions to FISA, including a formal definition for the Foreign Intelligence Surveillance Court, to support the bill's other changes.

Title I, Protections for U.S. persons under Section 702: Prohibits warrantless queries of communications of U.S. persons or people in the U.S., limits how such information can be used in legal actions, repeals authority for 'abouts' collection, bans reverse targeting, sets data retention limits, requires court supervision of technical assistance demands, prohibits warrantless acquisition of domestic communications, requires a foreign intelligence purpose, and extends Section 702 authority to September 30, 2027.

Title II, Additional FISA reforms: Requires court supervision for targeting U.S. persons, mandates disclosure of relevant information in FISA applications, adds certifications on accuracy procedures, clarifies when evidence is 'derived' from surveillance, sunsets a Patriot Act grandfather clause, requires transcripts of court proceedings, expands amici appointments, mandates declassification of significant decisions, clarifies court jurisdiction, sets grounds for legal injury in surveillance challenges, and adds accountability procedures for federal employee violations.

Title III, Reforms under Executive Order 12333: Defines terms, prohibits warrantless queries of U.S. person communications, bans reverse targeting, prohibits intelligence acquisition of U.S. person data, bans warrantless acquisition of domestic communications, sets data retention limits, and requires public reporting of violations.

Title IV, Independent oversight: Requires inspector general audits of FISA applications, reviews of HIDTA surveillance programs, extends whistleblower protections for intelligence community members, and requires congressional oversight of immunity grants for surveillance assistance.

Title V, Electronic Communications Privacy Act reforms: Requires warrants for location, web browsing, and search query records, aligns protections for phone and app call/text records, updates the Email Privacy Act, extends protections to online service providers, raises standards for metadata access, restricts subpoenas for subscriber info, sets minimization standards, prohibits law enforcement from buying personal data from data brokers, and modernizes surveillance reports.

Title VI, Cell site simulators: Generally prohibits government use of cell site simulators, with exceptions, and bans private, non-research use.

Title VII, Car data protection: Prohibits warrantless access to vehicle data and bars using such acquired information as evidence.

Title VIII, Intelligence transparency: Enhances annual reports from courts and intelligence agencies, adds reporting on application accuracy, allows more granular reporting by surveillance recipients, requires reports on protected activities, publishes estimates of communications collected, and enhances compliance reporting for emergency orders.

Title IX, Severability and delays: Ensures that if any part of the bill is unconstitutional, the rest remains in effect, and allows for limited delays in implementation.