I 

118TH CONGRESS 

2D SESSION H. R. 7320 

To reform the Foreign Intelligence Surveillance Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2024 

Ms. LEE of Florida introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Permanent Select 

Committee on Intelligence, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform the Foreign Intelligence Surveillance Act of 1978. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reforming Intelligence 

5 and Securing America Act’’. 

6 SEC. 2. QUERY PROCEDURE REFORM. 

7 (a) STRICTLY LIMITING FEDERAL BUREAU OF IN8 VESTIGATION PERSONNEL AUTHORIZING UNITED STATES

9 PERSON QUERIES.—Subsection (f) of section 702 is 

10 amended— 


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1 (1) by redesignating paragraph (3) as para2 graph (6); and 

3 (2) by inserting after paragraph (2) the fol4 lowing new paragraph: 

5 ‘‘(3) RESTRICTIONS IMPOSED ON FEDERAL BU6 REAU OF INVESTIGATION.— 

7 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

8 UNITED STATES PERSON QUERIES.— 

9 ‘‘(i) IN GENERAL.—Federal Bureau of 

10 Investigation personnel must obtain prior 

11 approval from a Federal Bureau of Inves12 tigation supervisor (or employee of equiva13 lent or greater rank) or attorney who is 

14 authorized to access unminimized contents 

15 or noncontents obtained through acquisi16 tions authorized under subsection (a) for 

17 any query of such unminimized contents or 

18 noncontents made using a United States 

19 person query term. 

20 ‘‘(ii) EXCEPTION.—A United States 

21 person query to be conducted by the Fed22 eral Bureau of Investigation of 

23 unminimized contents or noncontents ob24 tained through acquisitions authorized 

25 under subsection (a) using a United States 


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1 person query term may be conducted with2 out obtaining prior approval as specified in 

3 clause (i) only if the person conducting the 

4 United States person query has a reason5 able belief that conducting the query could 

6 assist in mitigating or eliminating a threat 

7 to life or serious bodily harm.’’. 

8 (b) PROHIBITION ON INVOLVEMENT OF POLITICAL

9 APPOINTEES IN PROCESS TO APPROVE FEDERAL BU10 REAU OF INVESTIGATION QUERIES.—Subsection 

11 (f)(3)(D)(ii) of section 702, as amended by this Act, is 

12 further amended by inserting after subclause (I) the fol13 lowing new subclause: 

14 ‘‘(II) PROHIBITION ON POLIT15 ICAL APPOINTEES WITHIN THE PROC16 ESS TO APPROVE FEDERAL BUREAU

17 OF INVESTIGATION QUERIES.—The 

18 procedures shall prohibit any political 

19 personnel, such as those classified by 

20 the Office of Personnel Management 

21 as Presidential Appointment with 

22 Senate Confirmation, Presidential Ap23 pointment (without Senate Confirma24 tion), Noncareer Senior Executive 

25 Service Appointment, or Schedule C 


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1 Excepted Appointment, from inclusion 

2 in the Federal Bureau of Investiga3 tion’s prior approval process under 

4 subclause (I).’’. 

5 (c) MANDATORY AUDITS OF UNITED STATES PER6 SON QUERIES CONDUCTED BY FEDERAL BUREAU OF IN7 VESTIGATION.— 

8 (1) AUDITS REQUIRED.—For each query identi9 fied by the Federal Bureau of Investigation as a 

10 United States person query against information ac11 quired pursuant to subsection (a) of section 702 of 

12 the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1881a) conducted by the Federal Bureau 

14 of Investigation, not later than 180 days after the 

15 conduct of such query, the Department of Justice 

16 shall conduct an audit of such query. 

17 (2) APPLICABILITY.—The requirement under 

18 paragraph (1) shall apply with respect to queries 

19 conducted on or after the date of the enactment of 

20 this Act. 

21 (3) SUNSET.—This section shall terminate on 

22 the earlier of the following: 

23 (A) The date that is 4 years after the date 

24 of the enactment of this Act. 


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1 (B) The date on which the Attorney Gen2 eral submits to the appropriate congressional 

3 committees a certification that the Federal Bu4 reau of Investigation has implemented a process 

5 for the internal audit of all queries referred to 

6 in paragraph (1). 

7 (4) APPROPRIATE CONGRESSIONAL COMMIT8 TEES DEFINED.—In this section, the term ‘‘appro9 priate congressional committees’’ means— 

10 (A) the congressional intelligence commit11 tees, as such term is defined in subsection (b) 

12 of section 701 of the Foreign Intelligence Sur13 veillance Act of 1978 (50 U.S.C. 1881); and 

14 (B) the Committees on the Judiciary of 

15 the House of Representatives and of the Sen16 ate. 

17 (d) RESTRICTIONS RELATING TO CONDUCT OF CER18 TAIN QUERIES BY FEDERAL BUREAU OF INVESTIGA19 TION.—Subsection (f)(3) of section 702, as amended by 

20 this Act, is further amended by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(D) QUERYING PROCEDURES APPLICABLE

23 TO FEDERAL BUREAU OF INVESTIGATION.—For 

24 any procedures adopted under paragraph (1) 

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1 tion, the Attorney General, in consultation with 

2 the Director of National Intelligence, shall in3 clude the following requirements: 

4 ‘‘(i) TRAINING.—A requirement that, 

5 prior to conducting any query, personnel of 

6 the Federal Bureau of Investigation suc7 cessfully complete training on the querying 

8 procedures on an annual basis. 

9 ‘‘(ii) ADDITIONAL PRIOR APPROVALS

10 FOR SENSITIVE QUERIES.—A requirement 

11 that, absent exigent circumstances, prior to 

12 conducting certain queries, personnel of 

13 the Federal Bureau of Investigation receive 

14 approval, at minimum, as follows: 

15 ‘‘(I) Approval from the Deputy 

16 Director of the Federal Bureau of In17 vestigation if the query uses a query 

18 term reasonably believed to identify a 

19 United States elected official, an ap20 pointee of the President or a State 

21 governor, a United States political 

22 candidate, a United States political 

23 organization or a United States per24 son prominent in such organization, 

25 or a United States media organization 


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1 or a United States person who is a 

2 member of such organization. 

3 ‘‘(II) Approval from an attorney 

4 of the Federal Bureau of Investiga5 tion if the query uses a query term 

6 reasonably believed to identify a 

7 United States religious organization 

8 or a United States person who is 

9 prominent in such organization. 

10 ‘‘(III) Approval from an attorney 

11 of the Federal Bureau of Investiga12 tion if such conduct involves batch job 

13 technology (or successor tool). 

14 ‘‘(iii) PRIOR WRITTEN JUSTIFICA15 TION.—A requirement that, prior to con16 ducting a query using a United States per17 son query term, personnel of the Federal 

18 Bureau of Investigation provide a written 

19 statement of the specific factual basis to 

20 support the reasonable belief that such 

21 query meets the standards required by the 

22 procedures adopted under paragraph (1). 

23 For each United States person query, the 

24 Federal Bureau of Investigation shall keep 

25 a record of the query term, the date of the 


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1 conduct of the query, the identifier of the 

2 personnel conducting the query, and such 

3 written statement. 

4 ‘‘(iv) STORAGE OF CERTAIN CON5 TENTS AND NONCONTENTS.—Any system 

6 of the Federal Bureau of Investigation 

7 that stores unminimized contents or non8 contents obtained through acquisitions au9 thorized under subsection (a) together with 

10 contents or noncontents obtained through 

11 other lawful means shall be configured in 

12 a manner that— 

13 ‘‘(I) requires personnel of the 

14 Federal Bureau of Investigation to af15 firmatively elect to include such 

16 unminimized contents or noncontents 

17 obtained through acquisitions author18 ized under subsection (a) when run19 ning a query; or 

20 ‘‘(II) includes other controls rea21 sonably expected to prevent inad22 vertent queries of such unminimized 

23 contents or noncontents. 

24 ‘‘(v) WAIVER AUTHORITY FOR FOR25 EIGN INTELLIGENCE SURVEILLANCE


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1 COURT.—If the Foreign Intelligence Sur2 veillance Court finds that the procedures 

3 adopted under paragraph (1) include meas4 ures that are reasonably expected to result 

5 in similar compliance outcomes as the 

6 measures specified in clauses (i) through 

7 (iv) of this subparagraph, the Foreign In8 telligence Surveillance Court may waive 

9 one or more of the requirements specified 

10 in such clauses.’’. 

11 (e) NOTIFICATION FOR CERTAIN QUERIES CON12 DUCTED BY FEDERAL BUREAU OF INVESTIGATION.— 

13 Subsection (f)(3) of section 702, as amended by this Act, 

14 is further amended by adding at the end the following new 

15 subparagraph: 

16 ‘‘(B) NOTIFICATION REQUIREMENT FOR

17 CERTAIN FBI QUERIES.— 

18 ‘‘(i) REQUIREMENT.—The Director of 

19 the Federal Bureau of Investigation shall 

20 promptly notify appropriate congressional 

21 leadership of any query conducted by the 

22 Federal Bureau of Investigation using a 

23 query term that is reasonably believed to 

24 be the name or other personally identifying 

25 information of a member of Congress, and 


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1 shall also notify the member who is the 

2 subject of such query. 

3 ‘‘(ii) APPROPRIATE CONGRESSIONAL

4 LEADERSHIP DEFINED.—In this subpara5 graph, the term ‘appropriate congressional 

6 leadership’ means the following: 

7 ‘‘(I) The chairs and ranking mi8 nority members of the congressional 

9 intelligence committees. 

10 ‘‘(II) The Speaker and minority 

11 leader of the House of Representa12 tives. 

13 ‘‘(III) The majority and minority 

14 leaders of the Senate. 

15 ‘‘(iii) NATIONAL SECURITY CONSIDER16 ATIONS.—In submitting a notification 

17 under clause (i), the Director shall give 

18 due regard to the protection of classified 

19 information, sources and methods, and na20 tional security. 

21 ‘‘(iv) WAIVER.— 

22 ‘‘(I) IN GENERAL.—The Director 

23 may waive a notification required 

24 under clause (i) if the Director deter25 mines such notification would impede 


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1 an ongoing national security or law 

2 enforcement investigation. 

3 ‘‘(II) TERMINATION.—A waiver 

4 under subclause (I) shall terminate on 

5 the date the Director determines the 

6 relevant notification would not impede 

7 the relevant national security or law 

8 enforcement investigation or on the 

9 date that such investigation ends, 

10 whichever is earlier.’’. 

11 (f) REQUIREMENT FOR CONGRESSIONAL CONSENT

12 PRIOR TO CERTAIN FEDERAL BUREAU OF INVESTIGA13 TION QUERIES FOR PURPOSE OF DEFENSIVE BRIEF14 INGS.—Subsection (f)(3) of section 702, as amended by 

15 this Act, is further amended by inserting after subpara16 graph (B) the following new subparagraph: 

17 ‘‘(C) CONSENT REQUIRED FOR FBI TO

18 CONDUCT CERTAIN QUERIES FOR PURPOSE OF

19 DEFENSIVE BRIEFING.— 

20 ‘‘(i) CONSENT REQUIRED.—The Fed21 eral Bureau of Investigation may not, for 

22 the exclusive purpose of supplementing the 

23 contents of a briefing on the defense 

24 against a counterintelligence threat to a 

25 member of Congress, conduct a query 


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1 using a query term that is the name or re2 stricted personal information (as such term 

3 is defined in section 119 of title 18, United 

4 States Code) of that member unless— 

5 ‘‘(I) the member provides consent 

6 to the use of the query term; or 

7 ‘‘(II) the Deputy Director of the 

8 Federal Bureau of Investigation de9 termines that exigent circumstances 

10 exist sufficient to justify the conduct 

11 of such query. 

12 ‘‘(ii) NOTIFICATION.— 

13 ‘‘(I) NOTIFICATION OF CONSENT

14 SOUGHT.—Not later than three busi15 ness days after submitting a request 

16 for consent from a member of Con17 gress under clause (i), the Director of 

18 the Federal Bureau of Investigation 

19 shall notify the appropriate congres20 sional leadership, regardless of wheth21 er the member provided such consent. 

22 ‘‘(II) NOTIFICATION OF EXCEP23 TION USED.—Not later than three 

24 business days after the conduct of a 

25 query under clause (i) without consent 


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1 on the basis of the existence of exi2 gent circumstances determined under 

3 subclause (II) of such clause, the Di4 rector of the Federal Bureau of Inves5 tigation shall notify the appropriate 

6 congressional leadership. 

7 ‘‘(iii) RULE OF CONSTRUCTION.— 

8 Nothing in this subparagraph may be con9 strued as— 

10 ‘‘(I) applying to matters outside 

11 of the scope of the briefing on the de12 fense against a counterintelligence 

13 threat to be provided or supplemented 

14 under clause (i); or 

15 ‘‘(II) limiting the lawful inves16 tigative activities of the Federal Bu17 reau of Investigation other than 

18 supplementing the contents of a brief19 ing on the defense against a counter20 intelligence threat to a member of 

21 Congress. 

22 ‘‘(iv) APPROPRIATE CONGRESSIONAL

23 LEADERSHIP DEFINED.—In this subpara24 graph, the term ‘appropriate congressional 

25 leadership’ means the following: 


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1 ‘‘(I) The chairs and ranking mi2 nority members of the congressional 

3 intelligence committees. 

4 ‘‘(II) The Speaker and minority 

5 leader of the House of Representa6 tives. 

7 ‘‘(III) The majority and minority 

8 leaders of the Senate.’’. 

9 SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED 

10 UNDER SECTION 702. 

11 (a) REVOKING FEDERAL BUREAU OF INVESTIGATION

12 AUTHORITY TO CONDUCT QUERIES UNRELATED TO NA13 TIONAL SECURITY.—Subsection (f)(2) of section 702 is 

14 amended to read as follows: 

15 ‘‘(2) PROHIBITION ON CONDUCT OF QUERIES

16 THAT ARE SOLELY DESIGNED TO FIND AND EX17 TRACT EVIDENCE OF A CRIME.— 

18 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

19 UNITED STATES PERSON QUERIES.—The 

20 querying procedures adopted pursuant to para21 graph (1) for the Federal Bureau of Investiga22 tion shall prohibit queries of information ac23 quired under subsection (a) that are solely de24 signed to find and extract evidence of criminal 

25 activity. 


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1 ‘‘(B) EXCEPTIONS.—The restriction under 

2 subparagraph (A) shall not apply with respect 

3 to a query if— 

4 ‘‘(i) there is a reasonable belief that 

5 such query may retrieve information that 

6 could assist in mitigating or eliminating a 

7 threat to life or serious bodily harm; or 

8 ‘‘(ii) such query is necessary to iden9 tify information that must be produced or 

10 preserved in connection with a litigation 

11 matter or to fulfill discovery obligations in 

12 criminal matters under the laws of the 

13 United States or any State thereof.’’. 

14 (b) RESTRICTION ON CERTAIN INFORMATION AVAIL15 ABLE TO FEDERAL BUREAU OF INVESTIGATION.—Section 

16 702 is amended by adding at the end the following new 

17 subsection: 

18 ‘‘(n) RESTRICTION ON CERTAIN INFORMATION

19 AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 

20 ‘‘(1) RESTRICTION.—The Federal Bureau of 

21 Investigation may not ingest unminimized informa22 tion acquired under this section into its analytic re23 positories unless the targeted person is relevant to 

24 an existing, open, predicated full national security 

25 investigation by the Federal Bureau of Investigation. 


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1 ‘‘(2) EXCEPTION FOR EXIGENT CIR2 CUMSTANCES.—Paragraph (1) does not apply if the 

3 Director of the National Security Agency decides it 

4 is necessary due to exigent circumstances and pro5 vides notification within three business days to the 

6 congressional intelligence committees, the Speaker 

7 and minority leader of the House of Representatives, 

8 and the majority and minority leaders of the Senate. 

9 ‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER

10 AGENCIES.—Subparagraph (A) does not apply where 

11 the Federal Bureau of Investigation has agreed to 

12 provide technical, analytical, or linguistic assistance 

13 at the request of another Federal agency.’’. 

14 SEC. 4. TARGETING DECISIONS UNDER SECTION 702. 

15 (a) SENSE OF CONGRESS ON THE TARGETED COL16 LECTION OF UNITED STATES PERSON INFORMATION.— 

17 It is the sense of Congress that, as proscribed in section 

18 702(b)(2), section 702 of the Foreign Intelligence Surveil19 lance Act of 1978 has always prohibited, and continues 

20 to prohibit, the intelligence community from targeting a 

21 United States person for collection of foreign intelligence 

22 information. If the intelligence community intends to tar23 get a United States person for collection of foreign intel24 ligence information under the Foreign Intelligence Surveil25 lance Act of 1978, the Government must first obtain an 


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1 individualized court order based upon a finding of prob2 able cause that the United States person is a foreign 

3 power, an agent of a foreign power, or an officer or em4 ployee of a foreign power, in order to conduct surveillance 

5 targeting that United States person. 

6 (b) ANNUAL AUDIT OF TARGETING DECISIONS

7 UNDER SECTION 702.— 

8 (1) MANDATORY REVIEW.—Not less frequently 

9 than annually, the Department of Justice National 

10 Security Division shall review each person targeted 

11 under section 702 of the Foreign Intelligence Sur12 veillance Act of 1978 to ensure that the purpose of 

13 each targeting decision is not to target a known 

14 United States person. The results of this review 

15 shall be submitted to the Department of Justice Of16 fice of the Inspector General, the congressional intel17 ligence committees, and the Committees on the Judi18 ciary of the House of Representatives and of the 

19 Senate, subject to a declassification review. 

20 (2) INSPECTOR GENERAL AUDIT.—Not less fre21 quently than annually, the Department of Justice 

22 Office of the Inspector General shall audit a sam23 pling of the targeting decisions reviewed by the Na24 tional Security Division under paragraph (1) and 

25 submit a report to the congressional intelligence 


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1 committees and the Committees on the Judiciary of 

2 the House of Representatives and of the Senate. 

3 (3) CERTIFICATION.—Within 180 days of en4 actment of this Act, and annually thereafter, each 

5 agency authorized to target non-United States per6 sons under section 702 shall certify to Congress that 

7 the purpose of each targeting decision made in the 

8 prior year was not to target a known United States 

9 person. 

10 SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

11 REFORM. 

12 (a) REQUIREMENT FOR SAME JUDGE TO HEAR EX13 TENSION APPLICATIONS.—Subsection (d) of section 105 

14 is amended by adding at the end the following new para15 graph: 

16 ‘‘(5) An extension of an order issued under this 

17 title for surveillance targeted against a United 

18 States person, to the extent practicable and absent 

19 exigent circumstances, shall be granted or denied by 

20 the same judge who issued the original order unless 

21 the term of such judge has expired or such judge is 

22 otherwise no longer serving on the court.’’. 

23 (b) USE OF AMICI CURIAE IN FOREIGN INTEL24 LIGENCE SURVEILLANCE COURT PROCEEDINGS.—Sub25 section (i) of section 103 is amended— 


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1 (1) in paragraph (2)— 

2 (A) by redesignating subparagraphs (A) 

3 and (B) as clause (i) and (ii), respectively; 

4 (B) by striking ‘‘A court established’’ and 

5 inserting the following subparagraph: 

6 ‘‘(A) IN GENERAL.—A court established’’; 

7 (C) in subparagraph (A), as inserted by 

8 subparagraph (B) of this section— 

9 (i) in clause (i), as so redesignated— 

10 (I) by striking ‘‘appoint an indi11 vidual who has’’ and inserting ‘‘ap12 point one or more individuals who 

13 have’’; and 

14 (II) by striking ‘‘; and’’ and in15 serting a semicolon; 

16 (ii) in clause (ii), as so redesignated— 

17 (I) by striking ‘‘appoint an indi18 vidual or organization’’ and inserting 

19 ‘‘appoint one or more individuals or 

20 organizations’’; and 

21 (II) by striking the period at the 

22 end and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing new clause: 


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1 ‘‘(iii) shall appoint one or more indi2 viduals who have been designated under 

3 paragraph (1) to serve as amicus curiae to 

4 assist such court in the consideration of 

5 any certification or procedures submitted 

6 for review pursuant to section 702, includ7 ing any amendments to such certifications 

8 or procedures, if the court established 

9 under subsection (a) has not appointed an 

10 individual under clause (i) or (ii), unless 

11 the court issues a finding that such ap12 pointment is not appropriate or is likely to 

13 result in undue delay.’’; and 

14 (D) by adding at the end the following new 

15 subparagraphs: 

16 ‘‘(B) EXPERTISE.—In appointing one or 

17 more individuals under subparagraph (A)(iii), 

18 the court shall, to the maximum extent prac19 ticable, appoint an individual who possesses ex20 pertise in both privacy and civil liberties and in21 telligence collection. 

22 ‘‘(C) TIMING.—In the event that the court 

23 appoints one or more individuals or organiza24 tions pursuant to this paragraph to assist such 

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1 withstanding subsection (j)(1)(B) of such sec2 tion, the court shall issue an order pursuant to 

3 subsection (j)(3) of such section as expedi4 tiously as possible consistent with subsection 

5 (k)(1) of such section, but in no event later 

6 than 60 days after the date on which such cer7 tification, procedures, or amendments are sub8 mitted for the court’s review, or later than 60 

9 days after the court has issued an order ap10 pointing one or more individuals pursuant to 

11 this paragraph, whichever is earlier, unless a 

12 judge of that court issues an order finding that 

13 extraordinary circumstances necessitate addi14 tional time for review and that such extension 

15 of time is consistent with the national secu16 rity.’’; and 

17 (2) in paragraph (4)— 

18 (A) by striking ‘‘paragraph (2)(A)’’ and in19 serting ‘‘paragraph (2)’’; 

20 (B) by striking ‘‘provide to the court, as 

21 appropriate’’; 

22 (C) by redesignating subparagraphs (A) 

23 through (C) as clauses (i) through (iii), respec24 tively; 


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1 (D) by inserting before clause (i) the fol2 lowing new subparagraphs: 

3 ‘‘(A) be limited to addressing the specific 

4 issues identified by the court; and 

5 ‘‘(B) provide to the court, as appropriate— 

6 ’’; and 

7 (E) in subparagraph (B)(i), as redesig8 nated, by inserting ‘‘of United States persons’’ 

9 after ‘‘civil liberties’’. 

10 (c) DESIGNATION OF COUNSEL TO SCRUTINIZE AP11 PLICATIONS FOR UNITED STATES PERSONS.—Section 

12 103 is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN AP15 PLICATIONS.—To assist the court in the consideration of 

16 any application for an order pursuant to section 104 that 

17 targets a United States person, the presiding judge des18 ignated under subsection (a) shall designate one or more 

19 attorneys to review such applications, and provide a writ20 ten analysis to the judge considering the application, of— 

21 ‘‘(1) the sufficiency of the evidence used to 

22 make the probable cause determination under sec23 tion 105(a)(2); 

24 ‘‘(2) any material weaknesses, flaws, or other 

25 concerns in the application; and 


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1 ‘‘(3) a recommendation as to the following, 

2 which the judge shall consider during a proceeding 

3 on the application in which such attorney is present, 

4 as appropriate— 

5 ‘‘(A) that the application should be ap6 proved, denied, or modified; 

7 ‘‘(B) that the Government should supply 

8 additional information in connection with such 

9 application; or 

10 ‘‘(C) that any requirements or conditions 

11 should be imposed on the Government for the 

12 approval of such application.’’. 

13 SEC. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN 

14 INTELLIGENCE SURVEILLANCE ACT. 

15 (a) REQUIREMENT FOR SWORN STATEMENTS FOR

16 FACTUAL ASSERTIONS.— 

17 (1) TITLE I.—Subsection (a)(3) of section 104 

18 is amended by striking ‘‘a statement of’’ and insert19 ing ‘‘a sworn statement of’’. 

20 (2) TITLE III.—Subsection (a)(3) of section 303 

21 is amended by striking ‘‘a statement of’’ and insert22 ing ‘‘a sworn statement of’’. 

23 (3) SECTION 703.—Subsection (b)(1)(C) of sec24 tion 703 is amended by striking ‘‘a statement of’’ 

25 and inserting ‘‘a sworn statement of’’. 


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1 (4) SECTION 704.—Subsection (b)(3) of section 

2 704 is amended by striking ‘‘a statement of’’ and in3 serting ‘‘a sworn statement of’’. 

4 (5) APPLICABILITY.—The amendments made 

5 by this subsection shall apply with respect to appli6 cations made on or after the date that is 120 days 

7 after the date of enactment of this Act. 

8 (b) PROHIBITION ON USE OF POLITICALLY DERIVED

9 INFORMATION IN APPLICATIONS FOR CERTAIN ORDERS

10 BY THE FOREIGN INTELLIGENCE SURVEILLANCE

11 COURT.— 

12 (1) TITLE I.—Subsection (a)(6) of section 104 

13 is amended— 

14 (A) in subparagraph (D), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (B) in subparagraph (E)(ii), by striking 

17 the semicolon and inserting ‘‘; and’’; and 

18 (C) by adding after subparagraph (E) the 

19 following new subparagraph: 

20 ‘‘(F) that none of the information included 

21 in the statement described in paragraph (3) 

22 was solely produced by, derived from informa23 tion produced by, or obtained using the funds 

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1 fined in section 527 of the Internal Revenue 

2 Code of 1986), unless— 

3 ‘‘(i) the political organization is clear4 ly identified in the body of the statement 

5 described in paragraph (3); 

6 ‘‘(ii) the information has been cor7 roborated; and 

8 ‘‘(iii) the investigative techniques used 

9 to corroborate the information are clearly 

10 identified in the body of the statement de11 scribed in paragraph (3); and’’. 

12 (2) TITLE III.—Subsection (a)(6) of section 303 

13 is amended— 

14 (A) in subparagraph (D), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (B) in subparagraph (E), by striking the 

17 semicolon and inserting ‘‘; and’’; and 

18 (C) by inserting after subparagraph (E) 

19 the following new subparagraph: 

20 ‘‘(F) that none of the information included 

21 in the statement described in paragraph (3) 

22 was solely produced by, derived from informa23 tion produced by, or obtained using the funds 

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1 fined in section 527 of the Internal Revenue 

2 Code of 1986), unless— 

3 ‘‘(i) the political organization is clear4 ly identified in the body of the statement 

5 described in paragraph (3); 

6 ‘‘(ii) the information has been cor7 roborated; and 

8 ‘‘(iii) the investigative techniques used 

9 to corroborate the information are clearly 

10 identified in the body of the statement de11 scribed in paragraph (3); and’’. 

12 (3) APPLICABILITY.—The amendments made 

13 by this subsection shall apply with respect to appli14 cations made on or after the date that is 120 days 

15 after the date of enactment of this Act. 

16 (c) PROHIBITION ON USE OF PRESS REPORTS IN AP17 PLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN IN18 TELLIGENCE SURVEILLANCE COURT.— 

19 (1) TITLE I.—Subsection (a)(6) of section 104, 

20 as amended by this Act, is further amended by add21 ing at the end the following new subparagraph: 

22 ‘‘(G) that none of the information included 

23 in the statement described in paragraph (3) is 

24 attributable to or derived from the content of a 

25 media source unless the statement includes a 


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1 clear identification of each author of that con2 tent, where applicable, the publisher of that 

3 content, information to corroborate that which 

4 was derived from the media source, and an ex5 planation of the investigative techniques used to 

6 corroborate the information;’’. 

7 (2) TITLE III.—Subsection (a)(6) of section 

8 303, as amended by this Act, is further amended by 

9 adding at the end the following new subparagraph: 

10 ‘‘(G) that none of the information included 

11 in the statement described in paragraph (3) is 

12 attributable to or derived from the content of a 

13 media source unless the statement includes a 

14 clear identification of each author of that con15 tent, where applicable, the publisher of that 

16 content, information to corroborate that which 

17 was derived from the media source, and an ex18 planation of the investigative techniques used to 

19 corroborate the information;’’. 

20 (3) APPLICABILITY.—The amendments made 

21 by this subsection shall apply with respect to appli22 cations made on or after the date that is 120 days 

23 after the date of enactment of this Act. 

24 (d) DESCRIPTION OF TECHNIQUES CARRIED OUT

25 BEFORE APPLICATION.— 


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1 (1) TITLE I.—Subsection (a) of section 104, as 

2 amended by this Act, is further amended— 

3 (A) in paragraph (8), by striking ‘‘; and’’ 

4 and inserting a semicolon; 

5 (B) in paragraph (9), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(10) with respect to a target who is a United 

10 States person, a statement summarizing the inves11 tigative techniques carried out before making the ap12 plication;’’. 

13 (2) APPLICABILITY.—The amendments made 

14 by this subsection shall apply with respect to appli15 cations made on or after the date that is 120 days 

16 after the date of enactment of this Act. 

17 (e) REQUIREMENT FOR CERTAIN JUSTIFICATION

18 PRIOR TO EXTENSION OF ORDERS.— 

19 (1) APPLICATIONS FOR EXTENSION OF ORDERS

20 UNDER TITLE I.—Subsection (a) of section 104, as 

21 amended by this Act, is further amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(11) in the case of an application for an exten24 sion of an order under this title for a surveillance 

25 targeted against a United States person, a summary 


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1 statement of the foreign intelligence information ob2 tained pursuant to the original order (and any pre3 ceding extension thereof) as of the date of the appli4 cation for the extension, or a reasonable explanation 

5 of the failure to obtain such information; and’’. 

6 (2) APPLICATIONS FOR EXTENSION OF ORDERS

7 UNDER TITLE III.—Subsection (a) of section 303, as 

8 amended by this Act, is further amended— 

9 (A) in paragraph (7), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (B) in paragraph (8), by striking the pe12 riod at the end and inserting a semicolon; and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(9) in the case of an application for an exten16 sion of an order under this title in which the target 

17 of the physical search is a United States person, a 

18 summary statement of the foreign intelligence infor19 mation obtained pursuant to the original order (and 

20 any preceding extension thereof) as of the date of 

21 the application for the extension, or a reasonable ex22 planation of the failure to obtain such information; 

23 and’’. 

24 (3) APPLICABILITY.—The amendments made 

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1 cations made on or after the date that is 120 days 

2 after the date of enactment of this Act. 

3 (f) REQUIREMENT FOR JUSTIFICATION OF UNDER4 LYING CRIMINAL OFFENSE IN CERTAIN APPLICATIONS.— 

5 (1) TITLE I.—Subsection (a)(3)(A) of section 

6 104 is amended by inserting before the semicolon at 

7 the end the following: ‘‘, and, in the case of a target 

8 that is a United States person alleged to be acting 

9 as an agent of a foreign power (as described in sec10 tion 101(b)(2)(B)), that a violation of the criminal 

11 statutes of the United States as referred to in sec12 tion 101(b)(2)(B) has occurred or will occur’’. 

13 (2) TITLE III.—Subsection (a)(3)(A) of section 

14 303 is amended by inserting before the semicolon at 

15 the end the following: ‘‘, and, in the case of a target 

16 that is a United States person alleged to be acting 

17 as an agent of a foreign power (as described in sec18 tion 101(b)(2)(B)), that a violation of the criminal 

19 statutes of the United States as referred to in sec20 tion 101(b)(2)(B) has occurred or will occur’’. 

21 (3) APPLICABILITY.—The amendments made 

22 by this subsection shall apply with respect to appli23 cations made on or after the date that is 120 days 

24 after the date of enactment of this Act. 


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1 (g) MODIFICATION TO DURATION OF APPROVED PE2 RIOD UNDER CERTAIN ORDERS FOR NON-UNITED

3 STATES PERSONS.— 

4 (1) TITLE I.—Subsection (d) of section 105 is 

5 amended— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘against a foreign power, as defined in sec9 tion 101(a), (1), (2), or (3),’’ and inserting 

10 ‘‘against a foreign power’’; and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘120 days’’ and inserting ‘‘one year’’; and 

13 (B) by striking paragraph (2); and 

14 (C) by redesignating paragraphs (3) and 

15 (4) as paragraphs (2) and (3), respectively. 

16 (2) TITLE III.—Subsection (d) of section 304 is 

17 amended— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A), by striking 

20 ‘‘against a foreign power, as defined in 

21 paragraph (1), (2), or (3) of section 

22 101(a),’’ and inserting ‘‘against a foreign 

23 power’’; and 

24 (ii) in subparagraph (B), by striking 

25 ‘‘120 days’’ and inserting ‘‘one year’’; and 


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1 (B) by striking paragraph (2); and 

2 (C) by redesignating paragraph (3) as 

3 paragraph (2). 

4 SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

5 CERTAIN DOCUMENTS. 

6 Subsection (a) of section 602 is amended by inserting 

7 after ‘‘shall conduct a declassification review’’ the fol8 lowing: ‘‘, to be concluded as soon as practicable, but not 

9 later than 180 days after the commencement of such re10 view,’’. 

11 SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS. 

12 (a) REQUIREMENT FOR TRANSCRIPTS OF PRO13 CEEDINGS.—Subsection (c) of section 103 is amended— 

14 (1) by inserting ‘‘, and hearings shall be tran15 scribed’’ before the first period; 

16 (2) by inserting ‘‘, transcriptions of hearings,’’ 

17 after ‘‘applications made’’; and 

18 (3) by adding at the end the following new sen19 tence: ‘‘Transcriptions and any related records, in20 cluding testimony and affidavits, shall be stored in 

21 a file associated with the relevant application or 

22 order.’’. 

23 (b) REQUIREMENT FOR NOTIFICATION TO CONGRESS

24 OF CERTAIN TRANSCRIPTS.—Subsection (c) of section 

25 601 is amended— 


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1 (1) in paragraph (1), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (2), by striking the period and 

4 inserting a semicolon; and 

5 (3) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(3) for any hearing, oral argument, or other 

8 proceeding before the Foreign Intelligence Surveil9 lance Court or Foreign Intelligence Surveillance 

10 Court of Review for which a court reporter produces 

11 a transcript, not later than 45 days after the govern12 ment receives the final transcript or the date on 

13 which the matter of the hearing, oral argument, or 

14 other proceeding is resolved, whichever is later, a no15 tice of the existence of such transcript. Not later 

16 than three business days after a committee referred 

17 to in subsection (a) requests to review an existing 

18 transcript, the Attorney General shall facilitate such 

19 request; and 

20 ‘‘(4) a copy of each declassified document that 

21 has undergone review under section 602.’’. 

22 SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GEN23 ERAL. 

24 (a) INSPECTOR GENERAL REPORT ON FEDERAL BU25 REAU OF INVESTIGATION QUERYING PRACTICES.— 


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1 (1) REPORTS.—Not later than 545 days after 

2 the date of enactment of this Act, and again not 

3 later than one year prior to the expiration of title 

4 VII of the Foreign Intelligence Surveillance Act of 

5 1978, the Inspector General of the Department of 

6 Justice shall submit to the appropriate congressional 

7 committees two separate reports on the querying 

8 practices of the Federal Bureau of Investigation 

9 under section 702. 

10 (2) MATTERS INCLUDED.—The reports under 

11 paragraph (1) shall include, at a minimum, the fol12 lowing: 

13 (A) An evaluation of compliance by per14 sonnel of the Federal Bureau of Investigation 

15 with the querying procedures adopted under 

16 section 702(f), with a particular focus on com17 pliance by such personnel with the procedures 

18 governing queries using United States person 

19 query terms. 

20 (B) An analysis of each specific reform 

21 that, in the view of the Inspector General, is re22 sponsible for any identified improvement in the 

23 Federal Bureau of Investigation’s record of 

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1 cluding an identification of whether such reform 

2 was— 

3 (i) required by this Act or another Act 

4 of Congress; 

5 (ii) required by the Foreign Intel6 ligence Surveillance Court or the Attorney 

7 General; or 

8 (iii) voluntarily adopted by the Direc9 tor of the Federal Bureau of Investigation. 

10 (C) An assessment of the status of the im11 plementation by the Federal Bureau of Inves12 tigation of all reforms related to querying that 

13 are required by this Act. 

14 (D) An evaluation of the effectiveness of 

15 the Office of Internal Auditing of the Federal 

16 Bureau of Investigation with respect to moni17 toring and improving query compliance by per18 sonnel of the Federal Bureau of Investigation. 

19 (E) Recommendations to further improve 

20 compliance with querying procedures by per21 sonnel of the Federal Bureau of Investigation, 

22 particularly with respect to compliance with the 

23 procedures governing queries using United 

24 States person query terms. 


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1 (F) Any other relevant matter the Inspec2 tor General determines appropriate. 

3 (3) FORM.—The reports under paragraph (1) 

4 shall be submitted in unclassified form and may in5 clude a classified annex. 

6 (4) DEFINITIONS.—In this subsection: 

7 (A) IN GENERAL.—Except as provided in 

8 this subsection, terms used in this subsection 

9 have the meanings given such terms in the For10 eign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1801 et seq.). 

12 (B) APPROPRIATE CONGRESSIONAL COM13 MITTEES.—The term ‘‘appropriate congres14 sional committees’’ means— 

15 (i) the congressional intelligence com16 mittees, as such term is defined in sub17 section (b) of section 701 of the Foreign 

18 Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1881); and 

20 (ii) the Committees on the Judiciary 

21 of the House of Representatives and the 

22 Senate. 


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1 SEC. 10. ACCURACY AND COMPLETENESS OF APPLICA2 TIONS. 

3 (a) REQUIREMENT FOR CERTIFICATIONS REGARDING

4 ACCURACY OF APPLICATIONS.— 

5 (1) TITLE I.—Subsection (a) of section 104, as 

6 amended by this Act, is further amended by adding 

7 at the end the following new paragraph: 

8 ‘‘(12) a certification by the applicant or declar9 ant that, to the best knowledge of the applicant or 

10 declarant, the Attorney General or a designated at11 torney for the Government has been apprised of all 

12 information that might reasonably— 

13 ‘‘(A) call into question the accuracy of the 

14 application or the reasonableness of any assess15 ment in the application conducted by the de16 partment or agency on whose behalf the appli17 cation is made; or 

18 ‘‘(B) otherwise raise doubts with respect to 

19 the findings required under section 105(a).’’. 

20 (2) TITLE III.—Subsection (a) of section 303 is 

21 amended by adding at the end the following: 

22 ‘‘(10) a certification by the applicant that, to 

23 the best knowledge of the applicant, the Attorney 

24 General or a designated attorney for the Govern25 ment has been apprised of all information that 

26 might reasonably— 


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1 ‘‘(A) call into question the accuracy of the 

2 application or the reasonableness of any assess3 ment in the application conducted by the de4 partment or agency on whose behalf the appli5 cation is made; or 

6 ‘‘(B) otherwise raise doubts with respect to 

7 the findings required under section 304(a).’’. 

8 (3) TITLE IV.—Subsection (c) of section 402 is 

9 amended— 

10 (A) in paragraph (2), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (B) in paragraph (3), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(4) a certification by the applicant seeking to 

17 use the pen register or trap and trace device covered 

18 by the application that, to the best knowledge of the 

19 applicant, the Attorney General or a designated at20 torney for the Government has been apprised of all 

21 information that might reasonably— 

22 ‘‘(A) call into question the accuracy of the 

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1 partment or agency on whose behalf the appli2 cation is made; or 

3 ‘‘(B) otherwise raise doubts with respect to 

4 the findings required under subsection (d).’’. 

5 (4) TITLE V.—Subsection (b)(2) of section 502 

6 is amended— 

7 (A) in subparagraph (C)(i), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (D), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(E) a statement by the applicant that, to 

14 the best knowledge of the applicant, the appli15 cation fairly reflects all information that might 

16 reasonably— 

17 ‘‘(i) call into question the accuracy of 

18 the application or the reasonableness of 

19 any assessment in the application con20 ducted by the department or agency on 

21 whose behalf the application is made; or 

22 ‘‘(ii) otherwise raise doubts with re23 spect to the findings required under sub24 section (c).’’. 

25 (5) TITLE VII.— 


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1 (A) SECTION 703.—Subsection (b)(1) of 

2 section 703 is amended— 

3 (i) in subparagraph (I), by striking ‘‘; 

4 and’’ and inserting a semicolon; 

5 (ii) in subparagraph (J), by striking 

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (iii) by adding at the end the fol9 lowing new subparagraph: 

10 ‘‘(K) a certification by the applicant that, 

11 to the best knowledge of the applicant, the At12 torney General or a designated attorney for the 

13 Government has been apprised of all informa14 tion that might reasonably— 

15 ‘‘(i) call into question the accuracy of 

16 the application or the reasonableness of 

17 any assessment in the application con18 ducted by the department or agency on 

19 whose behalf the application is made; or 

20 ‘‘(ii) otherwise raise doubts with re21 spect to the findings required under sub22 section (c).’’. 

23 (B) SECTION 704.—Subsection (b) of sec24 tion 704 is amended— 


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1 (i) in paragraph (6), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (ii) in paragraph (7), by striking the 

4 period at the end and inserting ‘‘; and’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(8) a certification by the applicant that, to the 

9 best knowledge of the applicant, the Attorney Gen10 eral or a designated attorney for the Government 

11 has been apprised of all information that might rea12 sonably— 

13 ‘‘(A) call into question the accuracy of the 

14 application or the reasonableness of any assess15 ment in the application conducted by the de16 partment or agency on whose behalf the appli17 cation is made; or 

18 ‘‘(B) otherwise raise doubts with respect to 

19 the findings required under subsection (c).’’. 

20 (6) APPLICABILITY.—The amendments made 

21 by this subsection shall apply with respect to appli22 cations made on or after the date that is 120 days 

23 after the date of enactment of this Act. 

24 (7) ACCURACY PROCEDURES.—Not later than 

25 180 days after the date of the enactment of this Act, 


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1 the Attorney General, in consultation with the Direc2 tor of the Federal Bureau of Investigation, shall 

3 issue procedures governing the review of case files, 

4 as appropriate, to ensure that applications to the 

5 Foreign Intelligence Surveillance Court under title I 

6 or III of the Foreign Intelligence Surveillance Act of 

7 1978 (50 U.S.C. 1801 et seq.) that target United 

8 States persons are accurate and complete. 

9 (b) DISCLOSURE OF EXCULPATORY INFORMATION.— 

10 (1) TITLE I.—Subsection (a) of section 104, as 

11 amended by this Act, is further amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(13) non-cumulative information known to the 

14 applicant or declarant that is potentially exculpatory 

15 regarding the requested legal findings or any assess16 ment in the application.’’. 

17 (2) TITLE III.—Subsection (a) of section 303, 

18 as amended by this Act, is further amended by add19 ing at the end the following: 

20 ‘‘(11) non-cumulative information known to the 

21 applicant or declarant that is potentially exculpatory 

22 regarding the requested legal findings or any assess23 ment in the application.’’. 

24 (3) TITLE IV.—Subsection (c) of section 402, 

25 as amended by this Act, is further amended— 


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1 (A) in paragraph (3), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (4), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(5) non-cumulative information known to the 

8 Federal officer seeking to use the pen register or 

9 trap and trace device covered by the application, 

10 that is potentially exculpatory regarding the re11 quested legal findings or any assessment in the ap12 plication.’’. 

13 (4) TITLE V.—Subsection (b)(2) of section 502, 

14 as amended by this Act, is further amended— 

15 (A) in subparagraph (D), by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (B) in subparagraph (E)(ii), by striking 

18 the period at the end and inserting ‘‘; and’’; 

19 and 

20 (C) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(F) non-cumulative information known to 

23 the applicant that is potentially exculpatory re24 garding the requested legal findings or any as25 sessment in the application.’’. 


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1 (5) TITLE VII.— 

2 (A) SECTION 703.—Subsection (b)(1) of 

3 section 703, as amended by this Act, is further 

4 amended— 

5 (i) in subparagraph (J), by striking ‘‘; 

6 and’’ and inserting a semicolon; 

7 (ii) in subparagraph (K), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iii) by adding at the end the fol11 lowing new subparagraph: 

12 ‘‘(L) non-cumulative information known to 

13 the applicant or declarant that is potentially ex14 culpatory regarding the requested legal findings 

15 or any assessment in the application.’’. 

16 (B) SECTION 704.—Subsection (b) of sec17 tion 704, as amended by this Act, is further 

18 amended— 

19 (i) in paragraph (7), by striking ‘‘; 

20 and’’ and inserting a semicolon; 

21 (ii) in paragraph (8), by striking the 

22 period at the end and inserting ‘‘; and’’; 

23 and 

24 (iii) by adding at the end the fol25 lowing new paragraph: 


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1 ‘‘(9) non-cumulative information known to the 

2 applicant or declarant that is potentially exculpatory 

3 regarding the requested legal findings or any assess4 ment in the application.’’. 

5 (6) APPLICABILITY.—The amendments made 

6 by this subsection shall apply with respect to appli7 cations made on or after the date that is 120 days 

8 after the date of enactment of this Act. 

9 SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN10 VESTIGATION. 

11 (a) REVOCATION OF STATUTORY REPORTING EX12 EMPTION AND ADDITIONAL REPORTING REQUIREMENT

13 FOR FEDERAL BUREAU OF INVESTIGATION.— 

14 (1) IN GENERAL.—Section 603, as amended by 

15 this Act, is further amended— 

16 (A) in subsection (b)(2)(B) by inserting 

17 ‘‘(or combined unminimized contents and non18 contents information)’’ after ‘‘unminimized con19 tents’’; 

20 (B) in subsection (d), by amending para21 graph (2) to read as follows: 

22 ‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL

23 ADDRESS AND TELEPHONE NUMBERS.—Paragraph 

24 (3)(B) of subsection (b) shall not apply to orders re25 sulting in the acquisition of information by the FedVerDate Sep 11 2014 00:48 Feb 14, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H7320.IH H7320

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1 eral Bureau of Investigation that does not include 

2 electronic mail addresses or telephone numbers.’’; 

3 and 

4 (C) by inserting the following new sub5 section: 

6 ‘‘(f) MANDATORY REPORTING ON SECTION 702 BY

7 DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 

8 ‘‘(1) ANNUAL REPORT.—The Director of the 

9 Federal Bureau of Investigation shall annually sub10 mit to the Permanent Select Committee on Intel11 ligence and the Committee on the Judiciary of the 

12 House of Representatives and the Select Committee 

13 on Intelligence and the Committee on the Judiciary 

14 of the Senate a report that includes— 

15 ‘‘(A) the number of United States person 

16 queries by the Federal Bureau of Investigation 

17 of unminimized contents or noncontents ac18 quired pursuant to section 702(a); 

19 ‘‘(B) the number of approved queries using 

20 the Federal Bureau of Investigation’s batch job 

21 technology, or successor tool; 

22 ‘‘(C) the number of queries using the Fed23 eral Bureau of Investigation’s batch job tech24 nology, or successor tool, conducted by the Fed25 eral Bureau of Investigation against informaVerDate Sep 11 2014 00:48 Feb 14, 2024 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H7320.IH H7320

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1 tion acquired pursuant to section 702(a) for 

2 which pre-approval was not obtained due to 

3 emergency circumstances; 

4 ‘‘(D) the number of United States person 

5 queries conducted by the Federal Bureau of In6 vestigation of unminimized contents or noncon7 tents acquired pursuant to section 702(a) solely 

8 to retrieve evidence of a crime; 

9 ‘‘(E) a good faith estimate of the number 

10 of United States person query terms used by 

11 the Federal Bureau of Investigation to conduct 

12 queries of unminimized contents or noncontents 

13 acquired pursuant to section 702(a) primarily 

14 to protect the United States person who is the 

15 subject of the query; and 

16 ‘‘(F) a good faith estimate of the number 

17 of United States person query terms used by 

18 the Federal Bureau of Investigation to conduct 

19 queries of unminimized contents or noncontents 

20 acquired pursuant to section 702(a) where the 

21 United States person who is the subject of the 

22 query is a target or subject of an investigation 

23 by the Federal Bureau of Investigation. 

24 ‘‘(2) PUBLIC AVAILABILITY.—Subject to declas25 sification review by the Attorney General and the 


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1 Director of National Intelligence, each annual report 

2 submitted pursuant to paragraph (1) shall be avail3 able to the public during the first April following the 

4 calendar year covered by the report.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by this subsection shall take effect on January 1, 

7 2025. 

8 SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BU9 REAU OF INVESTIGATION. 

10 (a) ANNUAL REPORTING ON DISCIPLINARY ACTIONS

11 BY FEDERAL BUREAU OF INVESTIGATION.—Section 603 

12 is amended— 

13 (1) by redesignating subsection (e) as sub14 section (g); and 

15 (2) by inserting the following new subsection: 

16 ‘‘(e) MANDATORY REPORTING BY DIRECTOR OF

17 FEDERAL BUREAU OF INVESTIGATION.—The Director of 

18 the Federal Bureau of Investigation shall annually submit 

19 to the Permanent Select Committee on Intelligence and 

20 the Committee on Judiciary of the House of Representa21 tives and the Select Committee on Intelligence and the 

22 Committee on the Judiciary of the Senate, a report de23 scribing the accountability actions taken by the Federal 

24 Bureau of Investigation in the preceding 12-month period 

25 for noncompliant querying of information acquired under 


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1 section 702 and any such actions taken pursuant to sec2 tion 103(m), to include the number of ongoing personnel 

3 investigations, the outcome of any completed personnel in4 vestigations and any related adverse personnel actions 

5 taken.’’. 

6 (b) ACCOUNTABILITY MEASURES FOR EXECUTIVE

7 LEADERSHIP OF FEDERAL BUREAU OF INVESTIGA8 TION.— 

9 (1) MEASURES REQUIRED.—The Director of 

10 the Federal Bureau of Investigation shall ensure 

11 that, as soon as practicable following the date of en12 actment of this Act, there are in effect measures for 

13 holding the executive leadership of each covered 

14 component appropriately accountable for ensuring 

15 compliance with covered procedures by the personnel 

16 of the Federal Bureau of Investigation assigned to 

17 that covered component. Such measures shall in18 clude a requirement for an annual evaluation of the 

19 executive leadership of each such covered component 

20 with respect to ensuring such compliance during the 

21 preceding year. 

22 (2) BRIEFINGS REQUIRED.— 

23 (A) BRIEFINGS.—On a semiannual basis 

24 for the 2-year period following the date of the 

25 enactment of this Act, and on an annual basis 


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1 thereafter, the Federal Bureau of Investigation 

2 shall provide to the appropriate congressional 

3 committees a briefing on the implementation of 

4 paragraph (1). 

5 (B) MATTERS.—Each briefing under sub6 paragraph (A) shall include, with respect to the 

7 period covered by the briefing, the following: 

8 (i) A description of specific measures 

9 under paragraph (1) that the Federal Bu10 reau of Investigation has implemented. 

11 (ii) A description of specific measures 

12 under such subsection that the Federal 

13 Bureau of Investigation has proposed to be 

14 implemented or modified, and the timeline 

15 for such proposed implementation or modi16 fication. 

17 (iii) A summary of compliance with 

18 covered procedures by the personnel of the 

19 Federal Bureau of Investigation, 

20 disaggregated by covered component, and a 

21 description of any adverse personnel ac22 tions taken against, or other actions taken 

23 to ensure the appropriate accountability of, 

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1 nents that underperformed with respect to 

2 ensuring such compliance. 

3 (3) DEFINITIONS.—In this subsection: 

4 (A) APPROPRIATE CONGRESSIONAL COM5 MITTEES.—The term ‘‘appropriate congres6 sional committees’’ means— 

7 (i) the congressional intelligence com8 mittees, as such term is defined in sub9 section (b) of section 701 of the Foreign 

10 Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1881); and 

12 (ii) the Committees on the Judiciary 

13 of the House of Representatives and the 

14 Senate. 

15 (B) COVERED COMPONENT.—The term 

16 ‘‘covered component’’ means a field office, 

17 Headquarters division, or other element of the 

18 Federal Bureau of Investigation with personnel 

19 who have access to the unminimized contents of 

20 communications obtained through acquisitions 

21 authorized under section 702(a). 

22 (C) COVERED PROCEDURE.—The term 

23 ‘‘covered procedure’’— 

24 (i) means any procedure governing the 

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1 ligence Surveillance Act of 1978 (50 

2 U.S.C. 1801 et seq.); and 

3 (ii) includes querying procedures and 

4 minimization procedures adopted pursuant 

5 to such Act. 

6 (D) EXECUTIVE LEADERSHIP.—The term 

7 ‘‘executive leadership’’ includes— 

8 (i) with respect to a field office of the 

9 Federal Bureau of Investigation, an Assist10 ant Director in Charge or Special Agent in 

11 Charge of the field office; and 

12 (ii) with respect to a division of the 

13 Federal Bureau of Investigation Head14 quarters, an Assistant Director of the divi15 sion. 

16 SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 

17 (a) PENALTIES FOR UNAUTHORIZED DISCLOSURE OF

18 APPLICATION FOR ELECTRONIC SURVEILLANCE.— 

19 (1) IN GENERAL.—Subsection (a) of section 

20 109 is amended— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘intentionally’’; 

23 (B) in paragraph (1)— 

24 (i) by inserting ‘‘intentionally’’ before 

25 ‘‘engages in’’; and 


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1 (ii) by striking ‘‘; or’’ and inserting a 

2 semicolon; 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘disclose’’ and insert5 ing ‘‘intentionally discloses’’; and 

6 (ii) by striking the period at the end 

7 and inserting ‘‘; or’’; and 

8 (D) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) knowingly and willfully communicates, fur11 nishes, transmits, or otherwise makes available to an 

12 unauthorized person, or publishes, or uses in any 

13 manner prejudicial to the safety or interest of the 

14 United States or for the benefit of any foreign gov15 ernment to the detriment of the United States an 

16 application, in whole or in part, for an order for 

17 electronic surveillance under this Act.’’. 

18 (2) CONFORMING AMENDMENT.—Subsection (b) 

19 of such section is amended by striking ‘‘under sub20 section (a)’’ and inserting ‘‘under paragraph (1) or 

21 (2) of subsection (a)’’. 

22 (b) INCREASED CRIMINAL PENALTIES FOR OFFENSE

23 UNDER FISA.—Subsection (c) of section 109 is amended 

24 to read: ‘‘PENALTY.—A person guilty of an offense in this 


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1 section shall be fined under title 18, imprisoned for not 

2 more than 10 years, or both.’’. 

3 (c) CRIMINAL PENALTIES FOR UNAUTHORIZED DIS4 CLOSURE OF CERTAIN INCIDENTALLY COLLECTED

5 UNITED STATES PERSON INFORMATION.—Title VII is 

6 amended by inserting the following new section: 

7 ‘‘SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE. 

8 ‘‘(a) OFFENSE.—A person is guilty of an offense 

9 under this section if that person knowingly and willfully 

10 communicates, furnishes, transmits, or otherwise makes 

11 available to an unauthorized person, or publishes, or uses 

12 in any manner prejudicial to the safety or interest of the 

13 United States or for the benefit of any foreign government 

14 to the detriment of the United States any classified infor15 mation that contains the contents of any communication 

16 acquired under this title to which a known United States 

17 person is a party. 

18 ‘‘(b) PENALTY.—A person guilty of an offense in this 

19 section shall be fined under title 18, imprisoned for not 

20 more than 8 years, or both. 

21 ‘‘(c) JURISDICTION.—There is Federal jurisdiction 

22 over an offense under this section if the person committing 

23 the offense was an officer or employee of the United States 

24 at the time the offense was committed.’’. 


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1 (d) SENTENCING ENHANCEMENT FOR FALSE DEC2 LARATIONS BEFORE FOREIGN INTELLIGENCE SURVEIL3 LANCE COURT.—Subsection (a) of section 1623 of title 

4 18, United States Code, is amended by inserting before 

5 ‘‘, or both’’ the following: ‘‘or, if such proceedings are be6 fore or ancillary to the Foreign Intelligence Surveillance 

7 Court or the Foreign Intelligence Surveillance Court of 

8 Review established by section 103 of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1803), impris10 oned not more than ten years’’. 

11 SEC. 14. CONTEMPT POWER OF FISC AND FISC–R. 

12 (a) CONTEMPTS CONSTITUTING CRIMES.—Section 

13 402 of title 18, United States Code, is amended by insert14 ing after ‘‘any district court of the United States’’ the fol15 lowing: ‘‘, including the Foreign Intelligence Surveillance 

16 Court or the Foreign Intelligence Surveillance Court of 

17 Review established by section 103 of the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 

19 (b) ANNUAL REPORTING ON CONTEMPT.—Sub20 section (a)(1) of section 603 is amended— 

21 (1) in subparagraph (E), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (2) in subparagraph (F), by striking the period 

24 and inserting ‘‘; and’’; and 

25 (3) by inserting the following new paragraph: 


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1 ‘‘(G) the number of times the Foreign In2 telligence Surveillance Court and the Foreign 

3 Intelligence Surveillance Court of Review exer4 cised authority under chapter 21 of title 18, 

5 United States Code and a description of each 

6 use of such authority.’’. 

7 SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

8 (a) INCREASED PENALTIES.—Subsection (a) of sec9 tion 110 is amended to read as follows: 

10 ‘‘(a) actual damages, but not less than liquidated 

11 damages equal to the greater of— 

12 ‘‘(1) if the aggrieved person is a United States 

13 person, $10,000 or $1,000 per day for each day of 

14 violation; or 

15 ‘‘(2) for any other aggrieved person, $1,000 or 

16 $100 per day for each day of violation;’’. 

17 (b) REPORTING REQUIREMENT.—Title I of the For18 eign Intelligence Surveillance Act of 1978 is amended by 

19 inserting after section 110 the following: 

20 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC21 TIONS. 

22 ‘‘(a) REPORT TO CONGRESS.—If a court finds that 

23 a person has violated this Act in a civil action under sec24 tion 110, the head of the agency that employs that person 

25 shall report to Congress on the administrative action 


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1 taken against that person pursuant to section 103(m) or 

2 any other provision of law. 

3 ‘‘(b) REPORT TO FOREIGN INTELLIGENCE SURVEIL4 LANCE COURT.—If a court finds that a person has vio5 lated this Act in a civil action under section 110, the head 

6 of the agency that employs that person shall report the 

7 name of such person to the Foreign Intelligence Surveil8 lance Court. The Foreign Intelligence Surveillance Court 

9 shall maintain a list of each person about whom it received 

10 a report under this subsection.’’. 

11 SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RE12 LATING TO QUERIES CONDUCTED BY THE 

13 FEDERAL BUREAU OF INVESTIGATION. 

14 (a) REQUIREMENT FOR ADOPTION OF CERTAIN MIN15 IMUM ACCOUNTABILITY STANDARDS.— 

16 (1) MINIMUM ACCOUNTABILITY STANDARDS.— 

17 Subsection (f) of section 702, as amended by this 

18 Act, is further amended by inserting after paragraph 

19 (3) the following new paragraph: 

20 ‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.— 

21 The Director of the Federal Bureau of Investigation 

22 shall issue minimum accountability standards that 

23 set forth escalating consequences for noncompliant 

24 querying of United States person terms within the 

25 contents of communications that were acquired 


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1 under this section. Such standards shall include, at 

2 minimum, the following: 

3 ‘‘(A) Zero tolerance for willful misconduct. 

4 ‘‘(B) Escalating consequences for uninten5 tional noncompliance, including the threshold 

6 for mandatory revocation of access to query in7 formation acquired under this section. 

8 ‘‘(C) Consequences for supervisors who 

9 oversee users that engage in noncompliant que10 ries.’’. 

11 (2) DEADLINES.—Not later than 90 days after 

12 the date of the enactment of this Act, the Director 

13 of the Federal Bureau of Investigation shall issue 

14 the minimum accountability standards required 

15 under subsection (f)(4) of section 702 of the Foreign 

16 Intelligence Surveillance Act of 1978 (50 U.S.C. 

17 1881a). 

18 (3) REPORTS.— 

19 (A) SUBMISSION OF STANDARDS.—Not 

20 later than 90 days after the date of the enact21 ment of this Act, the Director of the Federal 

22 Bureau of Investigation shall submit to the ap23 propriate congressional committees the min24 imum accountability standards issued under 

25 paragraph (1). 


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1 (B) ANNUAL REPORT ON IMPLEMENTA2 TION.—Not later than December 1, 2024, and 

3 annually thereafter for 3 years, the Director of 

4 the Federal Bureau of Investigation shall sub5 mit to the appropriate congressional committees 

6 a report detailing each adverse personnel action 

7 taken pursuant to the minimum accountability 

8 standards and a description of the conduct that 

9 led to each such action. 

10 (4) DEFINITION OF APPROPRIATE CONGRES11 SIONAL COMMITTEES.—In this section, the term 

12 ‘‘appropriate congressional committees’’ means— 

13 (A) the congressional intelligence commit14 tees, as such term is defined in subsection (b) 

15 of section 701 of the Foreign Intelligence Sur16 veillance Act of 1978 (50 U.S.C. 1881); and 

17 (B) the Committees on the Judiciary of 

18 the House of Representatives and of the Sen19 ate. 

20 SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS 

21 FOR MISCONDUCT BEFORE FOREIGN INTEL22 LIGENCE SURVEILLANCE COURT. 

23 (a) REMOVAL OR SUSPENSION OF FEDERAL OFFI24 CERS FOR MISCONDUCT BEFORE FOREIGN INTEL25 LIGENCE SURVEILLANCE COURT.—Section 103, as 


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1 amended by this Act, is further amended by adding at the 

2 end the following new subsection: 

3 ‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFI4 CERS FOR MISCONDUCT BEFORE COURTS.—An officer or 

5 employee of the United States Government who engages 

6 in intentional misconduct with respect to proceedings be7 fore the Foreign Intelligence Surveillance Court or the 

8 Foreign Intelligence Surveillance Court of Review shall be 

9 subject to appropriate adverse actions, including, at min10 imum, suspension without pay or removal, up to and in11 cluding termination.’’. 

12 SEC. 18. REPORTS AND OTHER MATTERS. 

13 (a) NOTIFICATION TO CONGRESS OF CERTAIN UNAU14 THORIZED DISCLOSURES.—If the Director of National In15 telligence becomes aware of an actual or potential signifi16 cant unauthorized disclosure or compromise of informa17 tion acquired under section 702 of the Foreign Intelligence 

18 Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as 

19 practicable, but not later than 7 days after the date on 

20 which the Director becomes so aware, the Director shall 

21 notify the congressional intelligence committees of such 

22 actual or potential disclosure or compromise. 

23 (b) REPORT ON TECHNOLOGY NEEDED FOR NEAR24 REAL TIME MONITORING OF FEDERAL BUREAU OF IN25 VESTIGATION COMPLIANCE.— 


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1 (1) STUDY REQUIRED.—The Director of Na2 tional Intelligence, in coordination with the National 

3 Security Agency and in consultation with the Fed4 eral Bureau of Investigation, shall conduct a study 

5 on technological enhancements that would enable the 

6 Federal Bureau of Investigation to conduct near-real 

7 time monitoring of compliance in any system of the 

8 Federal Bureau of Investigation that stores informa9 tion acquired under section 702. Such study shall 

10 consider the potential cost and assess the feasibility 

11 of implementation within a period of one year of 

12 each technological enhancement under consideration. 

13 (2) SUBMISSION.—Not later than one year after 

14 the date of enactment of this Act, the Director of 

15 National Intelligence shall submit the results of the 

16 study to the appropriate congressional committees. 

17 (3) DEFINITIONS.—In this section the term 

18 ‘‘appropriate congressional committees’’ means— 

19 (A) the congressional intelligence commit20 tees, as such term is defined in subsection (b) 

21 of section 701 of the Foreign Intelligence Sur22 veillance Act of 1978 (50 U.S.C. 1881); and 

23 (B) the Committees on the Judiciary of 

24 the House of Representatives and the Senate. 

25 (c) FISA REFORM COMMISSION.— 


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1 (1) ESTABLISHMENT.— 

2 (A) IN GENERAL.—There is established a 

3 commission to consider ongoing reforms to the 

4 Foreign Intelligence Surveillance Act of 1978 

5 (50 U.S.C. 1801 et seq.). 

6 (B) DESIGNATION.—The commission es7 tablished under subparagraph (A) shall be 

8 known as the ‘‘FISA Reform Commission’’ (in 

9 this section the ‘‘Commission’’). 

10 (2) MEMBERSHIP.— 

11 (A) COMPOSITION.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), the Commission shall be composed of 

14 the following members: 

15 (I) The Principal Deputy Direc16 tor of National Intelligence. 

17 (II) The Deputy Attorney Gen18 eral. 

19 (III) The Deputy Secretary of 

20 Defense. 

21 (IV) The Deputy Secretary of 

22 State. 

23 (V) The Chair of the Privacy and 

24 Civil Liberties Oversight Board. 


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1 (VI) Three members appointed 

2 by the majority leader of the Senate, 

3 in consultation with the Chairman of 

4 the Select Committee on Intelligence 

5 of the Senate and the Chairman of 

6 the Committee on the Judiciary of the 

7 Senate, 1 of whom shall be a member 

8 of the Senate and 2 of whom shall not 

9 be. 

10 (VII) Three members appointed 

11 by the minority leader of the Senate, 

12 in consultation with the Vice Chair13 man of the Select Committee on Intel14 ligence of the Senate and the Ranking 

15 Member of the Committee on the Ju16 diciary of the Senate, 1 of whom shall 

17 be a member of the Senate and 2 of 

18 whom shall not be. 

19 (VIII) Three members appointed 

20 by the Speaker of the House of Rep21 resentatives, in consultation with the 

22 Chairman of the Permanent Select 

23 Committee on Intelligence of the 

24 House of Representatives and the 

25 Chairman of the Committee on the 


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1 Judiciary of the House of Representa2 tives, 1 of whom shall be a member of 

3 the House of Representatives and 2 of 

4 whom shall not be. 

5 (IX) Three members appointed 

6 by the minority leader of the House of 

7 Representatives, in consultation with 

8 the Ranking Member of the Perma9 nent Select Committee on Intelligence 

10 of the House of Representatives and 

11 the Ranking Member of the Com12 mittee on the Judiciary of the House 

13 of Representatives, 1 of whom shall be 

14 a member of the House of Represent15 atives and 2 of whom shall not be. 

16 (ii) NONMEMBERS OF CONGRESS.— 

17 (I) QUALIFICATIONS.—The mem18 bers of the Commission who are not 

19 members of Congress and who are ap20 pointed under subclauses (VI) through 

21 (IX) of clause (i) shall be individuals 

22 who are nationally recognized for ex23 pertise, knowledge, or experience in— 

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1 munity (as defined in section 3 of 

2 the National Security Act of 

3 1947 (50 U.S.C. 3003)), national 

4 policymakers, and military lead5 ers; 

6 (bb) the implementation, 

7 funding, or oversight of the na8 tional security laws of the United 

9 States; 

10 (cc) privacy, civil liberties, 

11 and transparency; or 

12 (dd) laws and policies gov13 erning methods of electronic sur14 veillance. 

15 (II) CONFLICTS OF INTEREST.— 

16 An official who appoints members of 

17 the Commission may not appoint an 

18 individual as a member of the Com19 mission if such individual possesses 

20 any personal or financial interest in 

21 the discharge of any of the duties of 

22 the Commission. 

23 (III) SECURITY CLEARANCES.— 

24 All members of the Commission de25 scribed in subclause (I) shall possess 


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1 an appropriate security clearance in 

2 accordance with applicable provisions 

3 of law concerning the handling of 

4 classified information. 

5 (B) CO-CHAIRS.— 

6 (i) IN GENERAL.—The Commission 

7 shall have 2 co-chairs, selected from among 

8 the members of the Commission. 

9 (ii) AGREEMENT.—The individuals 

10 who serve as the co-chairs of the Commis11 sion shall be agreed upon by the members 

12 of the Commission. 

13 (3) APPOINTMENT; INITIAL MEETING.— 

14 (A) APPOINTMENT.—Members of the Com15 mission shall be appointed not later than 90 

16 days after the date of the enactment of this 

17 Act. 

18 (B) INITIAL MEETING.—The Commission 

19 shall hold its initial meeting on or before the 

20 date that is 180 days after the date of the en21 actment of this Act. 

22 (4) MEETINGS; QUORUM; VACANCIES.— 

23 (A) IN GENERAL.—After its initial meet24 ing, the Commission shall meet upon the call of 

25 the co-chairs of the Commission. 


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1 (B) QUORUM.—Nine members of the Com2 mission shall constitute a quorum for purposes 

3 of conducting business, except that 2 members 

4 of the Commission shall constitute a quorum 

5 for purposes of receiving testimony. 

6 (C) VACANCIES.—Any vacancy in the Com7 mission shall not affect its powers, but shall be 

8 filled in the same manner in which the original 

9 appointment was made. 

10 (D) QUORUM WITH VACANCIES.—If vacan11 cies in the Commission occur on any day after 

12 90 days after the date of the enactment of this 

13 Act, a quorum shall consist of a majority of the 

14 members of the Commission as of such day. 

15 (5) DUTIES.—The duties of the Commission 

16 are as follows: 

17 (A) To review the effectiveness of the cur18 rent implementation of the Foreign Intelligence 

19 Surveillance Act of 1978 (50 U.S.C. 1801 et 

20 seq.). 

21 (B) To develop recommendations for legis22 lative action to reform the Foreign Intelligence 

23 Surveillance Act of 1978 (50 U.S.C. 1801 et 

24 seq.) that provide for the effective conduct of 


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1 United States intelligence activities and the 

2 protection of privacy and civil liberties. 

3 (6) POWERS OF COMMISSION.— 

4 (A) IN GENERAL.— 

5 (i) HEARINGS.—The Commission or, 

6 on the authorization of the Commission, 

7 any subcommittee or member thereof, may, 

8 for the purpose of carrying out this sec9 tion— 

10 (I) hold such hearings and sit 

11 and act at such times and places, take 

12 such testimony, receive such evidence, 

13 and administer such oaths; and 

14 (II) require, by subpoena or oth15 erwise, the attendance and testimony 

16 of such witnesses and the production 

17 of such books, records, correspond18 ence, memoranda, papers, and docu19 ments, as the Commission or such 

20 designated subcommittee or des21 ignated member considers necessary. 

22 (ii) ISSUANCE AND ENFORCEMENT OF

23 SUBPOENAS.— 

24 (I) ISSUANCE.—A subpoena 

25 issued under clause (i)(II) shall— 


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1 (aa) bear the signature of 

2 the co-chairs of the Commission; 

3 and 

4 (bb) be served by a person 

5 or class of persons designated by 

6 the co-chairs for that purpose. 

7 (II) ENFORCEMENT.—The provi8 sions of sections 102 through 104 of 

9 the Revised Statutes of the United 

10 States (2 U.S.C. 192–194) shall apply 

11 in the case of any failure of a witness 

12 to comply with any subpoena or to 

13 testify when summoned under author14 ity of this paragraph. 

15 (B) INFORMATION FROM FEDERAL AGEN16 CIES.— 

17 (i) IN GENERAL.—The Commission 

18 may secure directly from any executive de19 partment, agency, bureau, board, commis20 sion, office, independent establishment, or 

21 instrumentality of the Federal Government 

22 information, suggestions, estimates, and 

23 statistics for the purposes of this section. 

24 (ii) FURNISHING INFORMATION.— 

25 Each such department, agency, bureau, 


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1 board, commission, office, establishment, 

2 or instrumentality described in clause (i) 

3 shall, to the extent authorized by law, fur4 nish such information, suggestions, esti5 mates, and statistics directly to the Com6 mission, upon request of the co-chairs of 

7 the Commission. 

8 (iii) PROTECTION OF CLASSIFIED IN9 FORMATION.—The Commission shall han10 dle and protect all classified information 

11 provided to it under this section in accord12 ance with applicable provisions of law. 

13 (C) ASSISTANCE FROM FEDERAL AGEN14 CIES.— 

15 (i) DIRECTOR OF NATIONAL INTEL16 LIGENCE.—The Director of National Intel17 ligence shall provide to the Commission, on 

18 a nonreimbursable basis, such administra19 tive services, funds, staff, facilities, and 

20 other support services as are necessary for 

21 the performance of the duties of the Com22 mission under this section. 

23 (ii) ATTORNEY GENERAL.—The Attor24 ney General may provide the Commission, 

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1 ministrative services, staff, and other sup2 port services as the Commission may re3 quest. 

4 (iii) OTHER DEPARTMENTS AND

5 AGENCIES.—In addition to the assistance 

6 set forth in clauses (i) and (ii), other de7 partments and agencies of the United 

8 States may provide the Commission such 

9 services, funds, facilities, staff, and other 

10 support as such departments and agencies 

11 consider advisable and as may be author12 ized by law. 

13 (iv) COOPERATION.—The Commission 

14 shall receive the full and timely cooperation 

15 of any official, department, or agency of 

16 the Federal Government whose assistance 

17 is necessary, as jointly determined by the 

18 co-chairs selected under paragraph (2)(B), 

19 for the fulfillment of the duties of the 

20 Commission, including the provision of full 

21 and current briefings and analyses. 

22 (D) POSTAL SERVICES.—The Commission 

23 may use the United States postal services in the 

24 same manner and under the same conditions as 


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1 the departments and agencies of the Federal 

2 Governments. 

3 (E) GIFTS.—No member or staff of the 

4 Commission may receive a gift or benefit by 

5 reason of the service of such member or staff 

6 to the Commission. 

7 (7) STAFF OF COMMISSION.— 

8 (A) APPOINTMENT AND COMPENSATION OF

9 STAFF.—The co-chairs of the Commission, in 

10 accordance with rules agreed upon by the Com11 mission, shall appoint and fix the compensation 

12 of a staff director and such other personnel as 

13 may be necessary to enable the Commission to 

14 carry out its duties, without regard to the pro15 visions of title 5, United States Code, governing 

16 appointments in the competitive service, and 

17 without regard to the provisions of chapter 51 

18 and subchapter III of chapter 53 of such title 

19 relating to classification and General Schedule 

20 pay rates, except that no rate of pay fixed 

21 under this subsection may exceed the equivalent 

22 of that payable to a person occupying a position 

23 at level V of the Executive Schedule under sec24 tion 5316 of such title. 


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1 (B) DETAIL OF GOVERNMENT EMPLOY2 EES.—Any Federal Government employee may 

3 be detailed to the Commission without reim4 bursement from the Commission, and such 

5 detailee shall retain the rights, status, and 

6 privileges of his or her regular employment 

7 without interruption. 

8 (C) SECURITY CLEARANCES.—All staff of 

9 the Commission and all experts and consultants 

10 employed by the Commission shall possess a se11 curity clearance in accordance with applicable 

12 provisions of law concerning the handling of 

13 classified information. 

14 (8) COMPENSATION AND TRAVEL EXPENSES.— 

15 (A) COMPENSATION OF MEMBERS.— 

16 (i) IN GENERAL.—Except as provided 

17 in subparagraph (B), each member of the 

18 Commission may be compensated at not to 

19 exceed the daily equivalent of the annual 

20 rate of basic pay in effect for a position at 

21 level IV of the Executive Schedule under 

22 section 5315 of title 5, United States 

23 Code, for each day during which that 

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1 ance of the duties of the Commission 

2 under this title. 

3 (ii) EXCEPTION.—Members of the 

4 Commission who are officers or employees 

5 of the United States or Members of Con6 gress shall receive no additional pay by 

7 reason of their service on the Commission. 

8 (B) TRAVEL EXPENSES.—While away from 

9 their homes or regular places of business in the 

10 performance of services for the Commission, a 

11 member of the Commission may be allowed 

12 travel expenses, including per diem in lieu of 

13 subsistence, in the same manner as persons em14 ployed intermittently in the Government service 

15 are allowed expenses under section 5703 of title 

16 5, United States Code. 

17 (9) TREATMENT OF INFORMATION RELATING

18 TO NATIONAL SECURITY.— 

19 (A) IN GENERAL.—The Director of Na20 tional Intelligence shall assume responsibility 

21 for the handling and disposition of any informa22 tion related to the national security of the 

23 United States that is received, considered, or 

24 used by the Commission under this title. 


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1 (B) INFORMATION PROVIDED BY CONGRES2 SIONAL INTELLIGENCE COMMITTEES.—Any in3 formation related to the national security of the 

4 United States that is provided to the Commis5 sion by a congressional intelligence committee 

6 may not be further provided or released without 

7 the approval of the chairman of such com8 mittee. 

9 (C) ACCESS AFTER TERMINATION OF COM10 MISSION.—Notwithstanding any other provision 

11 of law, after the termination of the Commission 

12 under paragraph (10)(B), only the members 

13 and designated staff of the congressional intel14 ligence committees, the Director of National In15 telligence (and the designees of the Director), 

16 and such other officials of the executive branch 

17 of the Federal Government as the President 

18 may designate shall have access to information 

19 related to the national security of the United 

20 States that is received, considered, or used by 

21 the Commission. 

22 (10) FINAL REPORT; TERMINATION.— 

23 (A) FINAL REPORT.— 

24 (i) DEFINITIONS.—In this subpara25 graph: 


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1 (I) APPROPRIATE COMMITTEES

2 OF CONGRESS.—The term ‘‘appro3 priate committees of Congress’’ 

4 means— 

5 (aa) the congressional intel6 ligence committees; 

7 (bb) the Committee on the 

8 Judiciary of the Senate; and 

9 (cc) the Committee on the 

10 Judiciary of the House of Rep11 resentatives. 

12 (II) CONGRESSIONAL LEADER13 SHIP.—The term ‘‘congressional lead14 ership’’ means— 

15 (aa) the majority leader of 

16 the Senate; 

17 (bb) the minority leader of 

18 the Senate; 

19 (cc) the Speaker of the 

20 House of Representatives; and 

21 (dd) the minority leader of 

22 the House of Representatives. 

23 (ii) FINAL REPORT REQUIRED.—Not 

24 later than 5 years from the date of enact25 ment of this Act, the Commission shall 


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1 submit to the appropriate committees of 

2 Congress, congressional leadership, the Di3 rector of National Intelligence, and the At4 torney General a final report on the find5 ings of the Commission. 

6 (iii) FORM OF FINAL REPORT.—The 

7 final report submitted pursuant to clause 

8 (ii) shall be in unclassified form but may 

9 include a classified annex. 

10 (iv) ASSESSMENTS OF FINAL RE11 PORT.—Not later than 1 year after receipt 

12 of the final report under clause (ii), the 

13 Director of National Intelligence and the 

14 Attorney General shall each submit to the 

15 appropriate committees of Congress and 

16 congressional leadership an assessment of 

17 such report. 

18 (B) TERMINATION.— 

19 (i) IN GENERAL.—The Commission, 

20 and all the authorities of this section, shall 

21 terminate on the date that is 2 years after 

22 the date on which the final report is sub23 mitted under subparagraph (A)(ii). 

24 (ii) WIND-DOWN PERIOD.—The Com25 mission may use the 2-year period referred 


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1 to in clause (i) for the purposes of con2 cluding its activities, including providing 

3 testimony to Congress concerning the final 

4 report referred to in that paragraph and 

5 disseminating the report. 

6 (11) INAPPLICABILITY OF CERTAIN ADMINIS7 TRATIVE PROVISIONS.— 

8 (A) FEDERAL ADVISORY COMMITTEE

9 ACT.—The provisions of the Federal Advisory 

10 Committee Act (5 U.S.C. App.) shall not apply 

11 to the activities of the Commission under this 

12 section. 

13 (B) FREEDOM OF INFORMATION ACT.— 

14 The provisions of section 552 of title 5, United 

15 States Code (commonly referred to as the 

16 ‘‘Freedom of Information Act’’), shall not apply 

17 to the activities, records, and proceedings of the 

18 Commission under this section. 

19 (12) FUNDING.— 

20 (A) AUTHORIZATION OF APPROPRIA21 TIONS.—There is authorized to be appropriated 

22 funds to the extent and in such amounts as spe23 cifically provided in advance in appropriations 

24 acts for the purposes detailed in this subsection. 


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1 (B) AVAILABILITY IN GENERAL.—Subject 

2 to subparagraph (A), the Director of National 

3 Intelligence shall make available to the Commis4 sion such amounts as the Commission may re5 quire for purposes of the activities of the Com6 mission under this section. 

7 (C) DURATION OF AVAILABILITY.— 

8 Amounts made available to the Commission 

9 under subparagraph (B) shall remain available 

10 until expended or upon termination under para11 graph (10)(B), whichever occurs first. 

12 (13) CONGRESSIONAL INTELLIGENCE COMMIT13 TEES DEFINED.—In this subsection, the term ‘‘con14 gressional intelligence committees’’ means— 

15 (A) the Select Committee on Intelligence of 

16 the Senate; and 

17 (B) the Permanent Select Committee on 

18 Intelligence of the House of Representatives. 

19 (d) SEVERABILITY; APPLICABILITY DATE.— 

20 (1) SEVERABILITY.—If any provision of this 

21 Act, any amendment made by this Act, or the appli22 cation thereof to any person or circumstances is held 

23 invalid, the validity of the remainder of the Act, of 

24 any such amendments, and of the application of 


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1 such provisions to other persons and circumstances 

2 shall not be affected thereby. 

3 (2) APPLICABILITY DATE.—Subsection (f) of 

4 section 702 of the Foreign Intelligence Surveillance 

5 Act of 1978 (50 U.S.C. 1881a), as amended by this 

6 Act, shall apply with respect to certifications sub7 mitted under subsection (h) of such section to the 

8 Foreign Intelligence Surveillance Court after Janu9 ary 1, 2024. 

10 SEC. 19. EXTENSION OF CERTAIN AUTHORITIES; SUNSET. 

11 (a) FISA AMENDMENTS ACT OF 2008.—Section 

12 403(b) of the FISA Amendments Act of 2008 (Public Law 

13 110–261; 122 Stat. 2474) is amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘December 31, 2023’’ and 

16 inserting ‘‘five years after date of enactment of 

17 this Act Reforming Intelligence and Securing 

18 America Act’’; and 

19 (B) by inserting ‘‘and the Reforming Intel20 ligence and Securing America Act’’ after ‘‘the 

21 FISA Amendments Reauthorization Act of 

22 2017’’; and 

23 (2) in paragraph (2) in the matter preceding 

24 subparagraph (A), by striking ‘‘December 31, 2023’’ 

25 and inserting ‘‘five years after date of enactment of 


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1 this Act (Reforming Intelligence and Securing Amer2 ica Act)’’. 

3 (b) CONFORMING AMENDMENTS.—Section 404(b) of 

4 the FISA Amendments Act of 2008 (Public Law 110–261; 

5 122 Stat. 2476), is amended— 

6 (1) in paragraph (1)— 

7 (A) in the heading, by striking ‘‘DECEM8 BER 31, 2023’’ and inserting ‘‘FIVE YEARS

9 AFTER DATE OF ENACTMENT OF THIS ACT

10 (Reforming Intelligence and Securing America 

11 Act)’’; and 

12 (B) by inserting ‘‘and the Reforming Intel13 ligence and Securing America Act’’ after ‘‘the 

14 FISA Amendments Reauthorization Act of 

15 2017’’; 

16 (2) in paragraph (2), by inserting ‘‘and the Re17 forming Intelligence and Securing America Act’’ 

18 after ‘‘the FISA Amendments Reauthorization Act 

19 of 2017’’; and 

20 (3) in paragraph (4), by inserting ‘‘and the Re21 forming Intelligence and Securing America Act’’ 

22 after ‘‘the FISA Amendments Reauthorization Act 

23 of 2017’’ in each place it appears. 

24 (c) SUNSET.—Effective five years after the date of 

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1 lance Act of 1978 is amended so that section 702 reads 

2 as it read on the day before the date of enactment of this 

3 Act. 

4 SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

5 SURVEILLANCE ACT OF 1978. 

6 (a) REFERENCES TO FOREIGN INTELLIGENCE SUR7 VEILLANCE ACT OF 1978.—Except as otherwise expressly 

8 provided, whenever in this Act an amendment or repeal 

9 is expressed in terms of an amendment to, or a repeal 

10 of, a section or other provision, the reference shall be con11 sidered to be made to a section or other provision of the 

12 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

13 1801 et seq.). 

14 (b) EFFECT OF CERTAIN AMENDMENTS ON CON15 FORMING CHANGES TO TABLES OF CONTENTS.—When an 

16 amendment made by this Act adds a section or larger or17 ganizational unit to the Foreign Intelligence Surveillance 

18 Act of 1978 (50 U.S.C. 1801 et seq.), repeals or transfers 

19 a section or larger organizational unit in such Act, or 

20 amends the designation or heading of a section or larger 

21 organizational unit in such Act, that amendment also shall 

22 have the effect of amending the table of contents in such 

23 Act to alter the table to conform to the changes made by 

24 the amendment. 


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1 SEC. 21. INFORMATION SUBMISSION. 

2 The Director of National Intelligence, in consultation 

3 with the Attorney General, may submit to the congres4 sional intelligence committees (as such term is defined in 

5 section 701 of the Foreign Intelligence Surveillance Act 

6 of 1978) and the Committees on the Judiciary of the 

7 House of Representatives and of the Senate information 

8 regarding the purchase of commercially-available data 

9 about United States persons by law enforcement agencies 

10 and the intelligence community. 

Æ 


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