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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7888 Engrossed in House (EH)]

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118th CONGRESS
  2d Session
                                H. R. 7888

_______________________________________________________________________

                                 AN ACT

 
      To reform the Foreign Intelligence Surveillance Act of 1978.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reforming Intelligence and Securing 
America Act''.

SEC. 2. QUERY PROCEDURE REFORM.

    (a) Strictly Limiting Federal Bureau of Investigation Personnel 
Authorizing United States Person Queries.--Subsection (f) of section 
702 is amended--
            (1) by redesignating paragraph (3) as paragraph (5); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Restrictions imposed on federal bureau of 
        investigation.--
                    ``(A) Limits on authorizations of united states 
                person queries.--
                            ``(i) In general.--Federal Bureau of 
                        Investigation personnel must obtain prior 
                        approval from a Federal Bureau of Investigation 
                        supervisor (or employee of equivalent or 
                        greater rank) or attorney who is authorized to 
                        access unminimized contents or noncontents 
                        obtained through acquisitions authorized under 
                        subsection (a) for any query of such 
                        unminimized contents or noncontents made using 
                        a United States person query term.
                            ``(ii) Exception.--A United States person 
                        query to be conducted by the Federal Bureau of 
                        Investigation of unminimized contents or 
                        noncontents obtained through acquisitions 
                        authorized under subsection (a) using a United 
                        States person query term may be conducted 
                        without obtaining prior approval as specified 
                        in clause (i) only if the person conducting the 
                        United States person query has a reasonable 
                        belief that conducting the query could assist 
                        in mitigating or eliminating a threat to life 
                        or serious bodily harm.''.
    (b) Prohibition on Involvement of Political Appointees in Process 
To Approve Federal Bureau of Investigation Queries.--Subparagraph (D) 
of section 702(f)(3), as added by subsection (d) of this section, is 
amended by inserting after clause (v) the following:
                                    ``(vi) Prohibition on political 
                                appointees within the process to 
                                approve federal bureau of investigation 
                                queries.--The procedures shall prohibit 
                                any political personnel, such as those 
                                classified by the Office of Personnel 
                                Management as Presidential Appointment 
                                with Senate Confirmation, Presidential 
                                Appointment (without Senate 
                                Confirmation), Noncareer Senior 
                                Executive Service Appointment, or 
                                Schedule C Excepted Appointment, from 
                                inclusion in the Federal Bureau of 
                                Investigation's prior approval process 
                                under clause (ii).''.
    (c) Mandatory Audits of United States Person Queries Conducted by 
Federal Bureau of Investigation.--
            (1) Audits required.--For each query identified by the 
        Federal Bureau of Investigation as a United States person query 
        against information acquired pursuant to subsection (a) of 
        section 702 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1881a) conducted by the Federal Bureau of 
        Investigation, not later than 180 days after the conduct of 
        such query, the Department of Justice shall conduct an audit of 
        such query.
            (2) Applicability.--The requirement under paragraph (1) 
        shall apply with respect to queries conducted on or after the 
        date of the enactment of this Act.
            (3) Sunset.--This section shall terminate on the earlier of 
        the following:
                    (A) The date that is 2 years after the date of the 
                enactment of this Act.
                    (B) The date on which the Attorney General submits 
                to the appropriate congressional committees a 
                certification that the Federal Bureau of Investigation 
                has implemented a process for the internal audit of all 
                queries referred to in paragraph (1).
            (4) Appropriate congressional committees defined.--In this 
        section, the term ``appropriate congressional committees'' 
        means--
                    (A) the congressional intelligence committees, as 
                such term is defined in subsection (b) of section 701 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1881); and
                    (B) the Committees on the Judiciary of the House of 
                Representatives and of the Senate.
    (d) Restrictions Relating to Conduct of Certain Queries by Federal 
Bureau of Investigation.--Paragraph (3) of section 702(f), as added by 
subsection (a)(2) of this section, is amended by adding after 
subparagraph (C), as added by subsection (f) of this section, the 
following:
                    ``(D) Querying procedures applicable to federal 
                bureau of investigation.--For any procedures adopted 
                under paragraph (1) applicable to the Federal Bureau of 
                Investigation, the Attorney General, in consultation 
                with the Director of National Intelligence, shall 
                include the following requirements:
                            ``(i) Training.--A requirement that, prior 
                        to conducting any query, personnel of the 
                        Federal Bureau of Investigation successfully 
                        complete training on the querying procedures on 
                        an annual basis.
                            ``(ii) Additional prior approvals for 
                        sensitive queries.--A requirement that, absent 
                        exigent circumstances, prior to conducting 
                        certain queries, personnel of the Federal 
                        Bureau of Investigation receive approval, at 
                        minimum, as follows:
                                    ``(I) Approval from the Deputy 
                                Director of the Federal Bureau of 
                                Investigation if the query uses a query 
                                term reasonably believed to identify a 
                                United States elected official, an 
                                appointee of the President or a State 
                                governor, a United States political 
                                candidate, a United States political 
                                organization or a United States person 
                                prominent in such organization, or a 
                                United States media organization or a 
                                United States person who is a member of 
                                such organization.
                                    ``(II) Approval from an attorney of 
                                the Federal Bureau of Investigation if 
                                the query uses a query term reasonably 
                                believed to identify a United States 
                                religious organization or a United 
                                States person who is prominent in such 
                                organization.
                                    ``(III) Approval from an attorney 
                                of the Federal Bureau of Investigation 
                                if such conduct involves batch job 
                                technology (or successor tool).
                            ``(iii) Prior written justification.--A 
                        requirement that, prior to conducting a query 
                        using a United States person query term, 
                        personnel of the Federal Bureau of 
                        Investigation provide a written statement of 
                        the specific factual basis to support the 
                        reasonable belief that such query meets the 
                        standards required by the procedures adopted 
                        under paragraph (1). For each United States 
                        person query, the Federal Bureau of 
                        Investigation shall keep a record of the query 
                        term, the date of the conduct of the query, the 
                        identifier of the personnel conducting the 
                        query, and such written statement.
                            ``(iv) Storage of certain contents and 
                        noncontents.--Any system of the Federal Bureau 
                        of Investigation that stores unminimized 
                        contents or noncontents obtained through 
                        acquisitions authorized under subsection (a) 
                        together with contents or noncontents obtained 
                        through other lawful means shall be configured 
                        in a manner that--
                                    ``(I) requires personnel of the 
                                Federal Bureau of Investigation to 
                                affirmatively elect to include such 
                                unminimized contents or noncontents 
                                obtained through acquisitions 
                                authorized under subsection (a) when 
                                running a query; or
                                    ``(II) includes other controls 
                                reasonably expected to prevent 
                                inadvertent queries of such unminimized 
                                contents or noncontents.
                            ``(v) Waiver authority for foreign 
                        intelligence surveillance court.--If the 
                        Foreign Intelligence Surveillance Court finds 
                        that the procedures adopted under paragraph (1) 
                        include measures that are reasonably expected 
                        to result in similar compliance outcomes as the 
                        measures specified in clauses (i) through (iv) 
                        of this subparagraph, the Foreign Intelligence 
                        Surveillance Court may waive one or more of the 
                        requirements specified in such clauses.''.
    (e) Notification for Certain Queries Conducted by Federal Bureau of 
Investigation.--Paragraph (3) of section 702(f), as added by subsection 
(a) of this section, is amended by adding at the end the following:
                    ``(B) Notification requirement for certain fbi 
                queries.--
                            ``(i) Requirement.--The Director of the 
                        Federal Bureau of Investigation shall promptly 
                        notify appropriate congressional leadership of 
                        any query conducted by the Federal Bureau of 
                        Investigation using a query term that is 
                        reasonably believed to be the name or other 
                        personally identifying information of a member 
                        of Congress, and shall also notify the member 
                        who is the subject of such query.
                            ``(ii) Appropriate congressional leadership 
                        defined.--In this subparagraph, the term 
                        `appropriate congressional leadership' means 
                        the following:
                                    ``(I) The chairs and ranking 
                                minority members of the congressional 
                                intelligence committees.
                                    ``(II) The Speaker and minority 
                                leader of the House of Representatives.
                                    ``(III) The majority and minority 
                                leaders of the Senate.
                            ``(iii) National security considerations.--
                        In submitting a notification under clause (i), 
                        the Director shall give due regard to the 
                        protection of classified information, sources 
                        and methods, and national security.
                            ``(iv) Waiver.--
                                    ``(I) In general.--The Director may 
                                waive a notification required under 
                                clause (i) if the Director determines 
                                such notification would impede an 
                                ongoing national security or law 
                                enforcement investigation.
                                    ``(II) Termination.--A waiver under 
                                subclause (I) shall terminate on the 
                                date the Director determines the 
                                relevant notification would not impede 
                                the relevant national security or law 
                                enforcement investigation or on the 
                                date that such investigation ends, 
                                whichever is earlier.''.
    (f) Requirement for Congressional Consent Prior to Certain Federal 
Bureau of Investigation Queries for Purpose of Defensive Briefings.--
Paragraph (3) of section 702(f), as added by subsection (a) of this 
section, is amended by adding after subparagraph (B), as added by 
subsection (e) of this section, the following:
                    ``(C) Consent required for fbi to conduct certain 
                queries for purpose of defensive briefing.--
                            ``(i) Consent required.--The Federal Bureau 
                        of Investigation may not, for the exclusive 
                        purpose of supplementing the contents of a 
                        briefing on the defense against a 
                        counterintelligence threat to a member of 
                        Congress, conduct a query using a query term 
                        that is the name or restricted personal 
                        information (as such term is defined in section 
                        119 of title 18, United States Code) of that 
                        member unless--
                                    ``(I) the member provides consent 
                                to the use of the query term; or
                                    ``(II) the Deputy Director of the 
                                Federal Bureau of Investigation 
                                determines that exigent circumstances 
                                exist sufficient to justify the conduct 
                                of such query.
                            ``(ii) Notification.--
                                    ``(I) Notification of consent 
                                sought.--Not later than three business 
                                days after submitting a request for 
                                consent from a member of Congress under 
                                clause (i), the Director of the Federal 
                                Bureau of Investigation shall notify 
                                the appropriate congressional 
                                leadership, regardless of whether the 
                                member provided such consent.
                                    ``(II) Notification of exception 
                                used.--Not later than three business 
                                days after the conduct of a query under 
                                clause (i) without consent on the basis 
                                of the existence of exigent 
                                circumstances determined under 
                                subclause (II) of such clause, the 
                                Director of the Federal Bureau of 
                                Investigation shall notify the 
                                appropriate congressional leadership.
                            ``(iii) Rule of construction.--Nothing in 
                        this subparagraph may be construed as--
                                    ``(I) applying to matters outside 
                                of the scope of the briefing on the 
                                defense against a counterintelligence 
                                threat to be provided or supplemented 
                                under clause (i); or
                                    ``(II) limiting the lawful 
                                investigative activities of the Federal 
                                Bureau of Investigation other than 
                                supplementing the contents of a 
                                briefing on the defense against a 
                                counterintelligence threat to a member 
                                of Congress.
                            ``(iv) Appropriate congressional leadership 
                        defined.--In this subparagraph, the term 
                        `appropriate congressional leadership' means 
                        the following:
                                    ``(I) The chairs and ranking 
                                minority members of the congressional 
                                intelligence committees.
                                    ``(II) The Speaker and minority 
                                leader of the House of Representatives.
                                    ``(III) The majority and minority 
                                leaders of the Senate.''.

SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702.

    (a) Revoking Federal Bureau of Investigation Authority To Conduct 
Queries Unrelated to National Security.--Subsection (f)(2) of section 
702 is amended to read as follows:
            ``(2) Prohibition on conduct of queries that are solely 
        designed to find and extract evidence of a crime.--
                    ``(A) Limits on authorizations of united states 
                person queries.--The querying procedures adopted 
                pursuant to paragraph (1) for the Federal Bureau of 
                Investigation shall prohibit queries of information 
                acquired under subsection (a) that are solely designed 
                to find and extract evidence of criminal activity.
                    ``(B) Exceptions.--The restriction under 
                subparagraph (A) shall not apply with respect to a 
                query if--
                            ``(i) there is a reasonable belief that 
                        such query may retrieve information that could 
                        assist in mitigating or eliminating a threat to 
                        life or serious bodily harm; or
                            ``(ii) such query is necessary to identify 
                        information that must be produced or preserved 
                        in connection with a litigation matter or to 
                        fulfill discovery obligations in criminal 
                        matters under the laws of the United States or 
                        any State thereof.''.
    (b) Restriction on Certain Information Available to Federal Bureau 
of Investigation.--Section 702 is amended by adding at the end the 
following new subsection:
    ``(n) Restriction on Certain Information Available to Federal 
Bureau of Investigation.--
            ``(1) Restriction.--The Federal Bureau of Investigation may 
        not ingest unminimized information acquired under this section 
        into its analytic repositories unless the targeted person is 
        relevant to an existing, open, predicated full national 
        security investigation by the Federal Bureau of Investigation.
            ``(2) Exception for exigent circumstances.--Paragraph (1) 
        does not apply if the Director of the Federal Bureau of 
        Investigation decides it is necessary due to exigent 
        circumstances and provides notification within three business 
        days to the congressional intelligence committees, the Speaker 
        and minority leader of the House of Representatives, and the 
        majority and minority leaders of the Senate.
            ``(3) Exception for assistance to other agencies.--
        Paragraph (1) does not apply where the Federal Bureau of 
        Investigation has agreed to provide technical, analytical, or 
        linguistic assistance at the request of another Federal 
        agency.''.

SEC. 4. TARGETING DECISIONS UNDER SECTION 702.

    (a) Sense of Congress on the Targeted Collection of United States 
Person Information.--It is the sense of Congress that, as proscribed in 
section 702(b)(2), section 702 of the Foreign Intelligence Surveillance 
Act of 1978 has always prohibited, and continues to prohibit, the 
intelligence community from targeting a United States person for 
collection of foreign intelligence information. If the intelligence 
community intends to target a United States person for collection of 
foreign intelligence information under the Foreign Intelligence 
Surveillance Act of 1978, the Government must first obtain an 
individualized court order based upon a finding of probable cause that 
the United States person is a foreign power, an agent of a foreign 
power, or an officer or employee of a foreign power, in order to 
conduct surveillance targeting that United States person.
    (b) Annual Audit of Targeting Decisions Under Section 702.--
            (1) Mandatory review.--Not less frequently than annually, 
        the Department of Justice National Security Division shall 
        review each person targeted under section 702 of the Foreign 
        Intelligence Surveillance Act of 1978 in the preceding year to 
        ensure that the purpose of each targeting decision is not to 
        target a known United States person. The results of this review 
        shall be submitted to the Department of Justice Office of the 
        Inspector General, the congressional intelligence committees, 
        and the Committees on the Judiciary of the House of 
        Representatives and of the Senate, subject to a 
        declassification review.
            (2) Inspector general audit.--Not less frequently than 
        annually, the Department of Justice Office of the Inspector 
        General shall audit a sampling of the targeting decisions 
        reviewed by the National Security Division under paragraph (1) 
        and submit a report to the congressional intelligence 
        committees and the Committees on the Judiciary of the House of 
        Representatives and of the Senate.
            (3) Certification.--Within 180 days of enactment of this 
        Act, and annually thereafter, each agency authorized to target 
        non-United States persons under section 702 shall certify to 
        Congress that the purpose of each targeting decision made in 
        the prior year was not to target a known United States person.
            (4) Application.--The requirements under this subsection 
        apply for any year to the extent that section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 was in effect 
        during any portion of the previous year.

SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.

    (a) Requirement for Same Judge To Hear Extension Applications.--
Subsection (d) of section 105 is amended by adding at the end the 
following new paragraph:
            ``(5) An extension of an order issued under this title for 
        surveillance targeted against a United States person, to the 
        extent practicable and absent exigent circumstances, shall be 
        granted or denied by the same judge who issued the original 
        order unless the term of such judge has expired or such judge 
        is otherwise no longer serving on the court.''.
    (b) Use of Amici Curiae in Foreign Intelligence Surveillance Court 
Proceedings.--Subsection (i) of section 103 is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clause (i) and (ii), respectively;
                    (B) by striking ``A court established'' and 
                inserting the following subparagraph:
                    ``(A) In general.--A court established'';
                    (C) in subparagraph (A), as inserted by 
                subparagraph (B) of this section--
                            (i) in clause (i), as so redesignated--
                                    (I) by striking ``appoint an 
                                individual who has'' and inserting 
                                ``appoint one or more individuals who 
                                have''; and
                                    (II) by striking ``; and'' and 
                                inserting a semicolon;
                            (ii) in clause (ii), as so redesignated--
                                    (I) by striking ``appoint an 
                                individual or organization'' and 
                                inserting ``appoint one or more 
                                individuals or organizations''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iii) shall appoint one or more 
                        individuals who have been designated under 
                        paragraph (1) to serve as amicus curiae to 
                        assist such court in the consideration of any 
                        certification or procedures submitted for 
                        review pursuant to section 702, including any 
                        amendments to such certifications or 
                        procedures, if the court established under 
                        subsection (a) has not appointed an individual 
                        under clause (i) or (ii), unless the court 
                        issues a finding that such appointment is not 
                        appropriate or is likely to result in undue 
                        delay.''; and
                    (D) by adding at the end the following new 
                subparagraphs:
                    ``(B) Expertise.--In appointing one or more 
                individuals under subparagraph (A)(iii), the court 
                shall, to the maximum extent practicable, appoint an 
                individual who possesses expertise in both privacy and 
                civil liberties and intelligence collection.
                    ``(C) Timing.--In the event that the court appoints 
                one or more individuals or organizations pursuant to 
                this paragraph to assist such court in a proceeding 
                under section 702, notwithstanding subsection (j)(1)(B) 
                of such section, the court shall issue an order 
                pursuant to subsection (j)(3) of such section as 
                expeditiously as possible consistent with subsection 
                (k)(1) of such section, but in no event later than 60 
                days after the date on which such certification, 
                procedures, or amendments are submitted for the court's 
                review, or later than 60 days after the court has 
                issued an order appointing one or more individuals 
                pursuant to this paragraph, whichever is earlier, 
                unless a judge of that court issues an order finding 
                that extraordinary circumstances necessitate additional 
                time for review and that such extension of time is 
                consistent with the national security.''; and
            (2) in paragraph (4)--
                    (A) by striking ``paragraph (2)(A)'' and inserting 
                ``paragraph (2)'';
                    (B) by striking ``provide to the court, as 
                appropriate'';
                    (C) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively;
                    (D) by inserting before clause (i) the following 
                new subparagraphs:
                    ``(A) be limited to addressing the specific issues 
                identified by the court; and
                    ``(B) provide to the court, as appropriate--''; and
                    (E) in subparagraph (B)(i), as redesignated, by 
                inserting ``of United States persons'' after ``civil 
                liberties''.
    (c) Designation of Counsel To Scrutinize Applications for United 
States Persons.--Section 103 is amended by adding at the end the 
following new subsection:
    ``(l) Designation of Counsel for Certain Applications.--To assist 
the court in the consideration of any application for an order pursuant 
to section 104 that targets a United States person, the presiding judge 
designated under subsection (a) shall designate one or more attorneys 
to review such applications, and provide a written analysis to the 
judge considering the application, of--
            ``(1) the sufficiency of the evidence used to make the 
        probable cause determination under section 105(a)(2);
            ``(2) any material weaknesses, flaws, or other concerns in 
        the application; and
            ``(3) a recommendation as to the following, which the judge 
        shall consider during a proceeding on the application in which 
        such attorney is present, as appropriate--
                    ``(A) that the application should be approved, 
                denied, or modified;
                    ``(B) that the Government should supply additional 
                information in connection with such application; or
                    ``(C) that any requirements or conditions should be 
                imposed on the Government for the approval of such 
                application.''.
    (d) Member Access to the Foreign Intelligence Surveillance Court 
and Foreign Intelligence Surveillance Court of Review.--The chair and 
ranking minority member of each of the congressional intelligence 
committees, the chairs and ranking members of the Committees on the 
Judiciary of the House of Representatives and of the Senate, the 
Majority and Minority Leaders of the Senate, the Speaker of the House 
of Representatives, and the Minority Leader of the House of 
Representatives shall be entitled to attend any proceeding of the 
Foreign Intelligence Surveillance Court or any proceeding of the 
Foreign Intelligence Surveillance Court of Review. Each person entitled 
to attend a proceeding pursuant to this paragraph may designate not 
more than 2 staff members of such committee or office to attend on 
their behalf, pursuant to such procedures as the Attorney General, in 
consultation with the Director of National Intelligence may establish.

SEC. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT.

    (a) Requirement for Sworn Statements for Factual Assertions.--
            (1) Title i.--Subsection (a)(3) of section 104 is amended 
        by striking ``a statement of'' and inserting ``a sworn 
        statement of''.
            (2) Title iii.--Subsection (a)(3) of section 303 is amended 
        by striking ``a statement of'' and inserting ``a sworn 
        statement of''.
            (3) Section 703.--Subsection (b)(1)(C) of section 703 is 
        amended by striking ``a statement of'' and inserting ``a sworn 
        statement of''.
            (4) Section 704.--Subsection (b)(3) of section 704 is 
        amended by striking ``a statement of'' and inserting ``a sworn 
        statement of''.
            (5) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (b) Prohibition on Use of Politically Derived Information in 
Applications for Certain Orders by the Foreign Intelligence 
Surveillance Court.--
            (1) Title i.--Subsection (a)(6) of section 104 is amended--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E)(ii), by striking the 
                semicolon and inserting ``; and''; and
                    (C) by adding after subparagraph (E) the following 
                new subparagraph:
                    ``(F) that none of the information included in the 
                statement described in paragraph (3) was solely 
                produced by, derived from information produced by, or 
                obtained using the funds of, a political organization 
                (as such term is defined in section 527 of the Internal 
                Revenue Code of 1986), unless--
                            ``(i) the political organization is clearly 
                        identified in the body of the statement 
                        described in paragraph (3);
                            ``(ii) the information has been 
                        corroborated; and
                            ``(iii) the investigative techniques used 
                        to corroborate the information are clearly 
                        identified in the body of the statement 
                        described in paragraph (3); and''.
            (2) Title iii.--Subsection (a)(6) of section 303 is 
        amended--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the semicolon 
                and inserting ``; and''; and
                    (C) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) that none of the information included in the 
                statement described in paragraph (3) was solely 
                produced by, derived from information produced by, or 
                obtained using the funds of, a political organization 
                (as such term is defined in section 527 of the Internal 
                Revenue Code of 1986), unless--
                            ``(i) the political organization is clearly 
                        identified in the body of the statement 
                        described in paragraph (3);
                            ``(ii) the information has been 
                        corroborated; and
                            ``(iii) the investigative techniques used 
                        to corroborate the information are clearly 
                        identified in the body of the statement 
                        described in paragraph (3); and''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (c) Prohibition on Use of Press Reports in Applications for Certain 
Orders by the Foreign Intelligence Surveillance Court.--
            (1) Title i.--Subsection (a)(6) of section 104, as amended 
        by this Act, is further amended by adding at the end the 
        following new subparagraph:
                    ``(G) that none of the information included in the 
                statement described in paragraph (3) is attributable to 
                or derived from the content of a media source unless 
                the statement includes a clear identification of each 
                author of that content, and where applicable, the 
                publisher of that content, information to corroborate 
                that which was derived from the media source, and an 
                explanation of the investigative techniques used to 
                corroborate the information;''.
            (2) Title iii.--Subsection (a)(6) of section 303, as 
        amended by this Act, is further amended by adding at the end 
        the following new subparagraph:
                    ``(G) that none of the information included in the 
                statement described in paragraph (3) is attributable to 
                or derived from the content of a media source unless 
                the statement includes a clear identification of each 
                author of that content, where applicable, the publisher 
                of that content, information to corroborate that which 
                was derived from the media source, and an explanation 
                of the investigative techniques used to corroborate the 
                information;''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (d) Description of Techniques Carried Out Before Application.--
            (1) Title i.--Subsection (a) of section 104, as amended by 
        this Act, is further amended--
                    (A) in paragraph (8), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(10) with respect to a target who is a United States 
        person, a statement summarizing the investigative techniques 
        carried out before making the application;''.
            (2) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (e) Requirement for Certain Justification Prior to Extension of 
Orders.--
            (1) Applications for extension of orders under title i.--
        Subsection (a) of section 104, as amended by this Act, is 
        further amended by adding at the end the following new 
        paragraph:
            ``(11) in the case of an application for an extension of an 
        order under this title for a surveillance targeted against a 
        United States person, a summary statement of the foreign 
        intelligence information obtained pursuant to the original 
        order (and any preceding extension thereof) as of the date of 
        the application for the extension, or a reasonable explanation 
        of the failure to obtain such information; and''.
            (2) Applications for extension of orders under title iii.--
        Subsection (a) of section 303, as amended by this Act, is 
        further amended--
                    (A) in paragraph (7), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) in the case of an application for an extension of an 
        order under this title in which the target of the physical 
        search is a United States person, a summary statement of the 
        foreign intelligence information obtained pursuant to the 
        original order (and any preceding extension thereof) as of the 
        date of the application for the extension, or a reasonable 
        explanation of the failure to obtain such information; and''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (f) Requirement for Justification of Underlying Criminal Offense in 
Certain Applications.--
            (1) Title i.--Subsection (a)(3)(A) of section 104 is 
        amended by inserting before the semicolon at the end the 
        following: ``, and, in the case of a target that is a United 
        States person alleged to be acting as an agent of a foreign 
        power (as described in section 101(b)(2)(B)), that a violation 
        of the criminal statutes of the United States as referred to in 
        section 101(b)(2)(B) has occurred or is about to occur''.
            (2) Title iii.--Subsection (a)(3)(A) of section 303 is 
        amended by inserting before the semicolon at the end the 
        following: ``, and, in the case of a target that is a United 
        States person alleged to be acting as an agent of a foreign 
        power (as described in section 101(b)(2)(B)), that a violation 
        of the criminal statutes of the United States as referred to in 
        section 101(b)(2)(B) has occurred or is about to occur''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
    (g) Modification to Duration of Approved Period Under Certain 
Orders for Non-United States Persons.--
            (1) Title i.--Subsection (d) of section 105 is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``against a foreign power, as defined in 
                        section 101(a), (1), (2), or (3),'' and 
                        inserting ``against a foreign power''; and
                            (ii) in subparagraph (B), by striking ``120 
                        days'' and inserting ``one year''; and
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
            (2) Title iii.--Subsection (d) of section 304 is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``against a foreign power, as defined in 
                        paragraph (1), (2), or (3) of section 101(a),'' 
                        and inserting ``against a foreign power''; and
                            (ii) in subparagraph (B), by striking ``120 
                        days'' and inserting ``one year''; and
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).

SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN DOCUMENTS.

    Subsection (a) of section 602 is amended by inserting after ``shall 
conduct a declassification review'' the following: ``, to be concluded 
as soon as practicable, but not later than 180 days after the 
commencement of such review,''.

SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS.

    (a) Requirement for Transcripts of Proceedings.--Subsection (c) of 
section 103 is amended--
            (1) by inserting ``, and hearings shall be transcribed'' 
        before the first period;
            (2) by inserting ``, transcriptions of hearings,'' after 
        ``applications made''; and
            (3) by adding at the end the following new sentence: 
        ``Transcriptions and any related records, including testimony 
        and affidavits, shall be stored in a file associated with the 
        relevant application or order.''.
    (b) Requirement for Notification to Congress of Certain 
Transcripts.--Subsection (c) of section 601 is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(3) for any hearing, oral argument, or other proceeding 
        before the Foreign Intelligence Surveillance Court or Foreign 
        Intelligence Surveillance Court of Review for which a court 
        reporter produces a transcript, not later than 45 days after 
        the government receives the final transcript or the date on 
        which the matter of the hearing, oral argument, or other 
        proceeding is resolved, whichever is later, a notice of the 
        existence of such transcript. Not later than three business 
        days after a committee referred to in subsection (a) requests 
        to review an existing transcript, the Attorney General shall 
        facilitate such request; and
            ``(4) a copy of each declassified document that has 
        undergone review under section 602.''.

SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.

    (a) Inspector General Report on Federal Bureau of Investigation 
Querying Practices.--
            (1) Report.--Not later than 545 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Justice shall submit to the appropriate congressional 
        committees a report on the querying practices of the Federal 
        Bureau of Investigation under section 702.
            (2) Matters included.--The report under paragraph (1) shall 
        include, at a minimum, the following:
                    (A) An evaluation of compliance by personnel of the 
                Federal Bureau of Investigation with the querying 
                procedures adopted under section 702(f), with a 
                particular focus on compliance by such personnel with 
                the procedures governing queries using United States 
                person query terms.
                    (B) An analysis of each specific reform that, in 
                the view of the Inspector General, is responsible for 
                any identified improvement in the Federal Bureau of 
                Investigation's record of compliance with the querying 
                procedures, including an identification of whether such 
                reform was--
                            (i) required by this Act or another Act of 
                        Congress;
                            (ii) required by the Foreign Intelligence 
                        Surveillance Court or the Attorney General; or
                            (iii) voluntarily adopted by the Director 
                        of the Federal Bureau of Investigation.
                    (C) An assessment of the status of the 
                implementation by the Federal Bureau of Investigation 
                of all reforms related to querying that are required by 
                this Act.
                    (D) An evaluation of the effectiveness of the 
                Office of Internal Auditing of the Federal Bureau of 
                Investigation with respect to monitoring and improving 
                query compliance by personnel of the Federal Bureau of 
                Investigation.
                    (E) Recommendations to further improve compliance 
                with querying procedures by personnel of the Federal 
                Bureau of Investigation, particularly with respect to 
                compliance with the procedures governing queries using 
                United States person query terms.
                    (F) Any other relevant matter the Inspector General 
                determines appropriate.
            (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form and may include a classified 
        annex.
            (4) Definitions.--In this subsection:
                    (A) In general.--Except as provided in this 
                subsection, terms used in this subsection have the 
                meanings given such terms in the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
                    (B) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the congressional intelligence 
                        committees, as such term is defined in 
                        subsection (b) of section 701 of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1881); and
                            (ii) the Committees on the Judiciary of the 
                        House of Representatives and the Senate.

SEC. 10. ACCURACY AND COMPLETENESS OF APPLICATIONS.

    (a) Requirement for Certifications Regarding Accuracy of 
Applications.--
            (1) Title i.--Subsection (a) of section 104, as amended by 
        this Act, is further amended by adding at the end the following 
        new paragraph:
            ``(12) a certification by the applicant or declarant that, 
        to the best knowledge of the applicant or declarant, the 
        Attorney General or a designated attorney for the Government 
        has been apprised of all information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 105(a).''.
            (2) Title iii.--Subsection (a) of section 303 is amended by 
        adding at the end the following:
            ``(10) a certification by the applicant that, to the best 
        knowledge of the applicant, the Attorney General or a 
        designated attorney for the Government has been apprised of all 
        information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 304(a).''.
            (3) Title iv.--Subsection (c) of section 402 is amended--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) a certification by the Federal Officer seeking to use 
        the pen register or trap and trace device covered by the 
        application that, to the best knowledge of the Federal Officer, 
        the Attorney General or a designated attorney for the 
        Government has been apprised of all information that might 
        reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (d).''.
            (4) Title v.--Subsection (b)(2) of section 502 is amended--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) a statement by the applicant that, to the 
                best knowledge of the applicant, the application fairly 
                reflects all information that might reasonably--
                            ``(i) call into question the accuracy of 
                        the application or the reasonableness of any 
                        assessment in the application conducted by the 
                        department or agency on whose behalf the 
                        application is made; or
                            ``(ii) otherwise raise doubts with respect 
                        to the findings required under subsection 
                        (c).''.
            (5) Title vii.--
                    (A) Section 703.--Subsection (b)(1) of section 703 
                is amended--
                            (i) in subparagraph (I), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (J), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(K) a certification by the applicant that, to the 
                best knowledge of the applicant, the Attorney General 
                or a designated attorney for the Government has been 
                apprised of all information that might reasonably--
                            ``(i) call into question the accuracy of 
                        the application or the reasonableness of any 
                        assessment in the application conducted by the 
                        department or agency on whose behalf the 
                        application is made; or
                            ``(ii) otherwise raise doubts with respect 
                        to the findings required under subsection 
                        (c).''.
                    (B) Section 704.--Subsection (b) of section 704 is 
                amended--
                            (i) in paragraph (6), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in paragraph (7), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(8) a certification by the applicant that, to the best 
        knowledge of the applicant, the Attorney General or a 
        designated attorney for the Government has been apprised of all 
        information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (c).''.
            (6) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.
            (7) Accuracy procedures.--Not later than 180 days after the 
        date of the enactment of this Act, the Attorney General, in 
        consultation with the Director of the Federal Bureau of 
        Investigation, shall issue procedures governing the review of 
        case files, as appropriate, to ensure that applications to the 
        Foreign Intelligence Surveillance Court under title I or III of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801 et seq.) that target United States persons are accurate 
        and complete.
    (b) Disclosure of Exculpatory Information.--
            (1) Title i.--Subsection (a) of section 104, as amended by 
        this Act, is further amended by adding at the end the following 
        new paragraph:
            ``(13) non-cumulative information known to the applicant or 
        declarant that is potentially exculpatory regarding the 
        requested legal findings or any assessment in the 
        application.''.
            (2) Title iii.--Subsection (a) of section 303, as amended 
        by this Act, is further amended by adding at the end the 
        following:
            ``(11) non-cumulative information known to the applicant or 
        declarant that is potentially exculpatory regarding the 
        requested legal findings or any assessment in the 
        application.''.
            (3) Title iv.--Subsection (c) of section 402, as amended by 
        this Act, is further amended--
                    (A) in paragraph (3), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) non-cumulative information known to the Federal 
        officer seeking to use the pen register or trap and trace 
        device covered by the application, that is potentially 
        exculpatory regarding the requested legal findings or any 
        assessment in the application.''.
            (4) Title v.--Subsection (b)(2) of section 502, as amended 
        by this Act, is further amended--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) non-cumulative information known to the 
                applicant that is potentially exculpatory regarding the 
                requested legal findings or any assessment in the 
                application.''.
            (5) Title vii.--
                    (A) Section 703.--Subsection (b)(1) of section 703, 
                as amended by this Act, is further amended--
                            (i) in subparagraph (J), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (K), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(L) non-cumulative information known to the 
                applicant or declarant that is potentially exculpatory 
                regarding the requested legal findings or any 
                assessment in the application.''.
                    (B) Section 704.--Subsection (b) of section 704, as 
                amended by this Act, is further amended--
                            (i) in paragraph (7), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in paragraph (8), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(9) non-cumulative information known to the applicant or 
        declarant that is potentially exculpatory regarding the 
        requested legal findings or any assessment in the 
        application.''.
            (6) Applicability.--The amendments made by this subsection 
        shall apply with respect to applications made on or after the 
        date that is 120 days after the date of enactment of this Act.

SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION AND 
              QUARTERLY REPORT TO CONGRESS.

    (a) Revocation of Statutory Reporting Exemption and Additional 
Reporting Requirement for Federal Bureau of Investigation.--
            (1) In general.--Section 603, as amended by this Act, is 
        further amended--
                    (A) in subsection (b)(2)(B) by inserting ``(or 
                combined unminimized contents and noncontents 
                information)'' after ``unminimized contents'';
                    (B) in subsection (d), by amending paragraph (2) to 
                read as follows:
            ``(2) Nonapplicability to electronic mail address and 
        telephone numbers.--Paragraph (3)(B) of subsection (b) shall 
        not apply to orders resulting in the acquisition of information 
        by the Federal Bureau of Investigation that does not include 
        electronic mail addresses or telephone numbers.''; and
                    (C) by inserting the following new subsection:
    ``(f) Mandatory Reporting on Section 702 by Director of Federal 
Bureau of Investigation.--
            ``(1) Annual report.--The Director of the Federal Bureau of 
        Investigation shall annually submit to the Permanent Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the House of Representatives and the Select Committee on 
        Intelligence and the Committee on the Judiciary of the Senate a 
        report that includes--
                    ``(A) the number of United States person queries by 
                the Federal Bureau of Investigation of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a);
                    ``(B) the number of approved queries using the 
                Federal Bureau of Investigation's batch job technology, 
                or successor tool;
                    ``(C) the number of queries using the Federal 
                Bureau of Investigation's batch job technology, or 
                successor tool, conducted by the Federal Bureau of 
                Investigation against information acquired pursuant to 
                section 702(a) for which pre-approval was not obtained 
                due to emergency circumstances;
                    ``(D) the number of United States person queries 
                conducted by the Federal Bureau of Investigation of 
                unminimized contents or noncontents acquired pursuant 
                to section 702(a) solely to retrieve evidence of a 
                crime;
                    ``(E) a good faith estimate of the number of United 
                States person query terms used by the Federal Bureau of 
                Investigation to conduct queries of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a) primarily to protect the United States person 
                who is the subject of the query; and
                    ``(F) a good faith estimate of the number of United 
                States person query terms used by the Federal Bureau of 
                Investigation to conduct queries of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a) where the United States person who is the 
                subject of the query is a target or subject of an 
                investigation by the Federal Bureau of Investigation.
            ``(2) Public availability.--Subject to declassification 
        review by the Attorney General and the Director of National 
        Intelligence, each annual report submitted pursuant to 
        paragraph (1) shall be available to the public during the first 
        April following the calendar year covered by the report.
            ``(3) Quarterly report.--Beginning on the date that is not 
        later than 1 year after the effective date of this paragraph, 
        the Director of the Federal Bureau of Investigation shall 
        submit a quarterly report to the congressional intelligence 
        committees and to the Committees on the Judiciary of the House 
        of Representatives and of the Senate that includes the number 
        of U.S. person queries conducted during that quarter.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2025.

SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BUREAU OF INVESTIGATION.

    (a) Annual Reporting on Disciplinary Actions by Federal Bureau of 
Investigation.--Section 603 is amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting the following new subsection:
    ``(e) Mandatory Reporting by Director of Federal Bureau of 
Investigation.--The Director of the Federal Bureau of Investigation 
shall annually submit to the Permanent Select Committee on Intelligence 
and the Committee on Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate, a report describing the accountability actions taken by the 
Federal Bureau of Investigation in the preceding 12-month period for 
noncompliant querying of information acquired under section 702 and any 
such actions taken pursuant to section 103(m), to include the number of 
ongoing personnel investigations, the outcome of any completed 
personnel investigations and any related adverse personnel actions 
taken.''.
    (b) Accountability Measures for Executive Leadership of Federal 
Bureau of Investigation.--
            (1) Measures required.--The Director of the Federal Bureau 
        of Investigation shall ensure that, as soon as practicable 
        following the date of enactment of this Act, there are in 
        effect measures for holding the executive leadership of each 
        covered component appropriately accountable for ensuring 
        compliance with covered procedures by the personnel of the 
        Federal Bureau of Investigation assigned to that covered 
        component. Such measures shall include a requirement for an 
        annual evaluation of the executive leadership of each such 
        covered component with respect to ensuring such compliance 
        during the preceding year.
            (2) Briefings required.--
                    (A) Briefings.--Not later than December 31 of each 
                calendar year, the Federal Bureau of Investigation 
                shall provide to the appropriate congressional 
                committees a briefing on the implementation of 
                paragraph (1).
                    (B) Matters.--Each briefing under subparagraph (A) 
                shall include, with respect to the period covered by 
                the briefing, the following:
                            (i) A description of specific measures 
                        under paragraph (1) that the Federal Bureau of 
                        Investigation has implemented.
                            (ii) A description of specific measures 
                        under such subsection that the Federal Bureau 
                        of Investigation has proposed to be implemented 
                        or modified, and the timeline for such proposed 
                        implementation or modification.
                            (iii) A summary of compliance with covered 
                        procedures by the personnel of the Federal 
                        Bureau of Investigation, disaggregated by 
                        covered component, and a description of any 
                        adverse personnel actions taken against, or 
                        other actions taken to ensure the appropriate 
                        accountability of, the executive leadership of 
                        covered components that underperformed with 
                        respect to ensuring such compliance.
            (3) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the congressional intelligence 
                        committees, as such term is defined in 
                        subsection (b) of section 701 of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1881) on the date of enactment of this 
                        Act; and
                            (ii) the Committees on the Judiciary of the 
                        House of Representatives and the Senate.
                    (B) Covered component.--The term ``covered 
                component'' means a field office, Headquarters 
                division, or other element of the Federal Bureau of 
                Investigation with personnel who, for any period during 
                which section 702 is in effect, have access to the 
                unminimized contents of communications obtained through 
                acquisitions authorized under section 702(a).
                    (C) Covered procedure.--The term ``covered 
                procedure''--
                            (i) means any procedure governing the use 
                        of authorities under the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 1801 et 
                        seq.); and
                            (ii) includes querying procedures and 
                        minimization procedures adopted pursuant to 
                        such Act.
                    (D) Executive leadership.--The term ``executive 
                leadership'' includes--
                            (i) with respect to a field office of the 
                        Federal Bureau of Investigation, an Assistant 
                        Director in Charge or Special Agent in Charge 
                        of the field office; and
                            (ii) with respect to a division of the 
                        Federal Bureau of Investigation Headquarters, 
                        an Assistant Director of the division.

SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA.

    (a) Penalties for Unauthorized Disclosure of Application for 
Electronic Surveillance.--
            (1) In general.--Subsection (a) of section 109 is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``intentionally'';
                    (B) in paragraph (1)--
                            (i) by inserting ``intentionally'' before 
                        ``engages in''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (C) in paragraph (2)--
                            (i) by striking ``disclose'' and inserting 
                        ``intentionally discloses''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) knowingly and willfully communicates, furnishes, 
        transmits, or otherwise makes available to an unauthorized 
        person, or publishes, or uses in any manner prejudicial to the 
        safety or interest of the United States or for the benefit of 
        any foreign government to the detriment of the United States an 
        application, in whole or in part, for an order for electronic 
        surveillance under this Act.''.
            (2) Conforming amendment.--Subsection (b) of such section 
        is amended by striking ``under subsection (a)'' and inserting 
        ``under paragraph (1) or (2) of subsection (a)''.
    (b) Increased Criminal Penalties for Offense Under FISA.--
Subsection (c) of section 109 is amended to read as follows:
    ``(c) Penalty.--A person guilty of an offense in this section shall 
be fined under title 18, imprisoned for not more than 10 years, or 
both.''.
    (c) Criminal Penalties for Unauthorized Disclosure of Certain 
Incidentally Collected United States Person Information.--Title VII is 
amended by inserting the following new section:

``SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE.

    ``(a) Offense.--A person is guilty of an offense under this section 
if that person knowingly and willfully communicates, furnishes, 
transmits, or otherwise makes available to an unauthorized person, or 
publishes, or uses in any manner prejudicial to the safety or interest 
of the United States or for the benefit of any foreign government to 
the detriment of the United States any classified information that 
contains the contents of any communication acquired under this title to 
which a known United States person is a party.
    ``(b) Penalty.--A person guilty of an offense in this section shall 
be fined under title 18, imprisoned for not more than 8 years, or both.
    ``(c) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an officer 
or employee of the United States at the time the offense was 
committed.''.
    (d) Sentencing Enhancement for False Declarations Before Foreign 
Intelligence Surveillance Court.--Subsection (a) of section 1623 of 
title 18, United States Code, is amended by inserting before ``, or 
both'' the following: ``or, if such proceedings are before or ancillary 
to the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review established by section 103 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), 
imprisoned not more than ten years''.

SEC. 14. CONTEMPT POWER OF FISC AND FISC-R.

    (a) Contempts Constituting Crimes.--Section 402 of title 18, United 
States Code, is amended by inserting after ``any district court of the 
United States'' the following: ``, including the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Surveillance Court of 
Review established by section 103 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803),''.
    (b) Annual Reporting on Contempt.--Subsection (a)(1) of section 603 
is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (F), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) the number of times the Foreign Intelligence 
                Surveillance Court and the Foreign Intelligence 
                Surveillance Court of Review exercised authority under 
                chapter 21 of title 18, United States Code and a 
                description of each use of such authority.''.

SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS.

    (a) Increased Penalties.--Subsection (a) of section 110 is amended 
to read as follows:
    ``(a) actual damages, but not less than liquidated damages equal to 
the greater of--
            ``(1) if the aggrieved person is a United States person, 
        $10,000 or $1,000 per day for each day of violation; or
            ``(2) for any other aggrieved person, $1,000 or $100 per 
        day for each day of violation;''.
    (b) Reporting Requirement.--Title I of the Foreign Intelligence 
Surveillance Act of 1978 is amended by inserting after section 110 the 
following:

``SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL ACTIONS.

    ``(a) Report to Congress.--If a court finds that a person has 
violated this Act in a civil action under section 110, the head of the 
agency that employs that person shall report to Congress on the 
administrative action taken against that person pursuant to section 
103(m) or any other provision of law.
    ``(b) Report to Foreign Intelligence Surveillance Court.--If a 
court finds that a person has violated this Act in a civil action under 
section 110, the head of the agency that employs that person shall 
report the name of such person to the Foreign Intelligence Surveillance 
Court. The Foreign Intelligence Surveillance Court shall maintain a 
list of each person about whom it received a report under this 
subsection.''.

SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RELATING TO QUERIES 
              CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.

    (a) Requirement for Adoption of Certain Minimum Accountability 
Standards.--
            (1) Minimum accountability standards.--Subsection (f) of 
        section 702, as amended by this Act, is further amended by 
        inserting after paragraph (3) the following new paragraph:
            ``(4) Minimum accountability standards.--The Director of 
        the Federal Bureau of Investigation shall issue minimum 
        accountability standards that set forth escalating consequences 
        for noncompliant querying of United States person terms within 
        the contents of communications that were acquired under this 
        section. Such standards shall include, at minimum, the 
        following:
                    ``(A) Zero tolerance for willful misconduct.
                    ``(B) Escalating consequences for unintentional 
                noncompliance, including the threshold for mandatory 
                revocation of access to query information acquired 
                under this section.
                    ``(C) Consequences for supervisors who oversee 
                users that engage in noncompliant queries.''.
            (2) Deadlines.--Not later than 90 days after the date of 
        the enactment of this Act, the Director of the Federal Bureau 
        of Investigation shall issue the minimum accountability 
        standards required under subsection (f)(4) of section 702 of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a).
            (3) Reports.--
                    (A) Submission of standards.--Not later than 90 
                days after the date of the enactment of this Act, the 
                Director of the Federal Bureau of Investigation shall 
                submit to the appropriate congressional committees the 
                minimum accountability standards issued under paragraph 
                (1).
                    (B) Annual report on implementation.--Not later 
                than December 1, 2024, and annually thereafter for 3 
                years, the Director of the Federal Bureau of 
                Investigation shall submit to the appropriate 
                congressional committees a report detailing each 
                adverse personnel action taken pursuant to the minimum 
                accountability standards and a description of the 
                conduct that led to each such action.
            (4) Definition of appropriate congressional committees.--In 
        this section, the term ``appropriate congressional committees'' 
        means--
                    (A) the congressional intelligence committees, as 
                such term is defined in subsection (b) of section 701 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1881); and
                    (B) the Committees on the Judiciary of the House of 
                Representatives and of the Senate.

SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT 
              BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    (a) Removal or Suspension of Federal Officers for Misconduct Before 
Foreign Intelligence Surveillance Court.--Section 103, as amended by 
this Act, is further amended by adding at the end the following new 
subsection:
    ``(m) Removal or Suspension of Federal Officers for Misconduct 
Before Courts.--An officer or employee of the United States Government 
who engages in intentional misconduct with respect to proceedings 
before the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review shall be subject to 
appropriate adverse actions, including, at minimum, suspension without 
pay or removal, up to and including termination.''.

SEC. 18. REPORTS AND OTHER MATTERS.

    (a) Notification to Congress of Certain Unauthorized Disclosures.--
If the Director of National Intelligence becomes aware of an actual or 
potential significant unauthorized disclosure or compromise of 
information acquired under section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as practicable, but 
not later than 7 days after the date on which the Director becomes so 
aware, the Director shall notify the congressional intelligence 
committees of such actual or potential disclosure or compromise.
    (b) Report on Technology Needed for Near-real Time Monitoring of 
Federal Bureau of Investigation Compliance.--
            (1) Study required.--The Director of National Intelligence, 
        in coordination with the National Security Agency and in 
        consultation with the Federal Bureau of Investigation, shall 
        conduct a study on technological enhancements that would enable 
        the Federal Bureau of Investigation to conduct near-real time 
        monitoring of compliance in any system of the Federal Bureau of 
        Investigation that stores information acquired under section 
        702. Such study shall consider the potential cost and assess 
        the feasibility of implementation within a period of one year 
        of each technological enhancement under consideration.
            (2) Submission.--Not later than one year after the date of 
        enactment of this Act, the Director of National Intelligence 
        shall submit the results of the study to the appropriate 
        congressional committees.
            (3) Definitions.--In this section the term ``appropriate 
        congressional committees'' means--
                    (A) the congressional intelligence committees, as 
                such term is defined in subsection (b) of section 701 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1881); and
                    (B) the Committees on the Judiciary of the House of 
                Representatives and the Senate.
    (c) FISA Reform Commission.--
            (1) Establishment.--
                    (A) In general.--There is established a commission 
                to consider ongoing reforms to the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
                    (B) Designation.--The commission established under 
                subparagraph (A) shall be known as the ``FISA Reform 
                Commission'' (in this section the ``Commission'').
            (2) Membership.--
                    (A) Composition.--
                            (i) In general.--Subject to clause (ii), 
                        the Commission shall be composed of the 
                        following members:
                                    (I) The Principal Deputy Director 
                                of National Intelligence.
                                    (II) The Deputy Attorney General.
                                    (III) The Deputy Secretary of 
                                Defense.
                                    (IV) The Deputy Secretary of State.
                                    (V) The Chair of the Privacy and 
                                Civil Liberties Oversight Board.
                                    (VI) Three members appointed by the 
                                majority leader of the Senate, in 
                                consultation with the Chairman of the 
                                Select Committee on Intelligence of the 
                                Senate and the Chairman of the 
                                Committee on the Judiciary of the 
                                Senate, 1 of whom shall be a member of 
                                the Senate and 2 of whom shall not be.
                                    (VII) Three members appointed by 
                                the minority leader of the Senate, in 
                                consultation with the Vice Chairman of 
                                the Select Committee on Intelligence of 
                                the Senate and the Ranking Member of 
                                the Committee on the Judiciary of the 
                                Senate, 1 of whom shall be a member of 
                                the Senate and 2 of whom shall not be.
                                    (VIII) Three members appointed by 
                                the Speaker of the House of 
                                Representatives, in consultation with 
                                the Chairman of the Permanent Select 
                                Committee on Intelligence of the House 
                                of Representatives and the Chairman of 
                                the Committee on the Judiciary of the 
                                House of Representatives, 1 of whom 
                                shall be a member of the House of 
                                Representatives and 2 of whom shall not 
                                be.
                                    (IX) Three members appointed by the 
                                minority leader of the House of 
                                Representatives, in consultation with 
                                the Ranking Member of the Permanent 
                                Select Committee on Intelligence of the 
                                House of Representatives and the 
                                Ranking Member of the Committee on the 
                                Judiciary of the House of 
                                Representatives, 1 of whom shall be a 
                                member of the House of Representatives 
                                and 2 of whom shall not be.
                            (ii) Nonmembers of congress.--
                                    (I) Qualifications.--The members of 
                                the Commission who are not members of 
                                Congress and who are appointed under 
                                subclauses (VI) through (IX) of clause 
                                (i) shall be individuals who are 
                                nationally recognized for expertise, 
                                knowledge, or experience in--
                                            (aa) use of intelligence 
                                        information by the intelligence 
                                        community (as defined in 
                                        section 3 of the National 
                                        Security Act of 1947 (50 U.S.C. 
                                        3003)), national policymakers, 
                                        and military leaders;
                                            (bb) the implementation, 
                                        funding, or oversight of the 
                                        national security laws of the 
                                        United States;
                                            (cc) privacy, civil 
                                        liberties, and transparency; or
                                            (dd) laws and policies 
                                        governing methods of electronic 
                                        surveillance.
                                    (II) Conflicts of interest.--An 
                                official who appoints members of the 
                                Commission may not appoint an 
                                individual as a member of the 
                                Commission if such individual possesses 
                                any personal or financial interest in 
                                the discharge of any of the duties of 
                                the Commission.
                                    (III) Security clearances.--All 
                                members of the Commission described in 
                                subclause (I) shall possess an 
                                appropriate security clearance in 
                                accordance with applicable provisions 
                                of law concerning the handling of 
                                classified information.
                    (B) Co-chairs.--
                            (i) In general.--The Commission shall have 
                        2 co-chairs, selected from among the members of 
                        the Commission.
                            (ii) Agreement.--The individuals who serve 
                        as the co-chairs of the Commission shall be 
                        agreed upon by the members of the Commission.
            (3) Appointment; initial meeting.--
                    (A) Appointment.--Members of the Commission shall 
                be appointed not later than 90 days after the date of 
                the enactment of this Act.
                    (B) Initial meeting.--The Commission shall hold its 
                initial meeting on or before the date that is 180 days 
                after the date of the enactment of this Act.
            (4) Meetings; quorum; vacancies.--
                    (A) In general.--After its initial meeting, the 
                Commission shall meet upon the call of the co-chairs of 
                the Commission.
                    (B) Quorum.--Nine members of the Commission shall 
                constitute a quorum for purposes of conducting 
                business, except that 2 members of the Commission shall 
                constitute a quorum for purposes of receiving 
                testimony.
                    (C) Vacancies.--Any vacancy in the Commission shall 
                not affect its powers, but shall be filled in the same 
                manner in which the original appointment was made.
                    (D) Quorum with vacancies.--If vacancies in the 
                Commission occur on any day after 90 days after the 
                date of the enactment of this Act, a quorum shall 
                consist of a majority of the members of the Commission 
                as of such day.
            (5) Duties.--The duties of the Commission are as follows:
                    (A) To review the effectiveness of the current 
                implementation of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1801 et seq.).
                    (B) To develop recommendations for legislative 
                action to reform the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1801 et seq.) that provide for 
                the effective conduct of United States intelligence 
                activities and the protection of privacy and civil 
                liberties.
            (6) Powers of commission.--
                    (A) In general.--
                            (i) Hearings.--The Commission or, on the 
                        authorization of the Commission, any 
                        subcommittee or member thereof, may, for the 
                        purpose of carrying out this section--
                                    (I) hold such hearings and sit and 
                                act at such times and places, take such 
                                testimony, receive such evidence, and 
                                administer such oaths; and
                                    (II) require, by subpoena or 
                                otherwise, the attendance and testimony 
                                of such witnesses and the production of 
                                such books, records, correspondence, 
                                memoranda, papers, and documents, as 
                                the Commission or such designated 
                                subcommittee or designated member 
                                considers necessary.
                            (ii) Issuance and enforcement of 
                        subpoenas.--
                                    (I) Issuance.--A subpoena issued 
                                under clause (i)(II) shall--
                                            (aa) bear the signature of 
                                        the co-chairs of the 
                                        Commission; and
                                            (bb) be served by a person 
                                        or class of persons designated 
                                        by the co-chairs for that 
                                        purpose.
                                    (II) Enforcement.--The provisions 
                                of sections 102 through 104 of the 
                                Revised Statutes of the United States 
                                (2 U.S.C. 192-194) shall apply in the 
                                case of any failure of a witness to 
                                comply with any subpoena or to testify 
                                when summoned under authority of this 
                                paragraph.
                    (B) Information from federal agencies.--
                            (i) In general.--The Commission may secure 
                        directly from any executive department, agency, 
                        bureau, board, commission, office, independent 
                        establishment, or instrumentality of the 
                        Federal Government information, suggestions, 
                        estimates, and statistics for the purposes of 
                        this section.
                            (ii) Furnishing information.--Each such 
                        department, agency, bureau, board, commission, 
                        office, establishment, or instrumentality 
                        described in clause (i) shall, to the extent 
                        authorized by law, furnish such information, 
                        suggestions, estimates, and statistics directly 
                        to the Commission, upon request of the co-
                        chairs of the Commission.
                            (iii) Protection of classified 
                        information.--The Commission shall handle and 
                        protect all classified information provided to 
                        it under this section in accordance with 
                        applicable provisions of law.
                    (C) Assistance from federal agencies.--
                            (i) Director of national intelligence.--The 
                        Director of National Intelligence shall provide 
                        to the Commission, on a nonreimbursable basis, 
                        such administrative services, funds, staff, 
                        facilities, and other support services as are 
                        necessary for the performance of the duties of 
                        the Commission under this section.
                            (ii) Attorney general.--The Attorney 
                        General may provide the Commission, on a 
                        nonreimbursable basis, with such administrative 
                        services, staff, and other support services as 
                        the Commission may request.
                            (iii) Other departments and agencies.--In 
                        addition to the assistance set forth in clauses 
                        (i) and (ii), other departments and agencies of 
                        the United States may provide the Commission 
                        such services, funds, facilities, staff, and 
                        other support as such departments and agencies 
                        consider advisable and as may be authorized by 
                        law.
                            (iv) Cooperation.--The Commission shall 
                        receive the full and timely cooperation of any 
                        official, department, or agency of the Federal 
                        Government whose assistance is necessary, as 
                        jointly determined by the co-chairs selected 
                        under paragraph (2)(B), for the fulfillment of 
                        the duties of the Commission, including the 
                        provision of full and current briefings and 
                        analyses.
                    (D) Postal services.--The Commission may use the 
                United States postal services in the same manner and 
                under the same conditions as the departments and 
                agencies of the Federal Governments.
                    (E) Gifts.--No member or staff of the Commission 
                may receive a gift or benefit by reason of the service 
                of such member or staff to the Commission.
            (7) Staff of commission.--
                    (A) Appointment and compensation of staff.--The co-
                chairs of the Commission, in accordance with rules 
                agreed upon by the Commission, shall appoint and fix 
                the compensation of a staff director and such other 
                personnel as may be necessary to enable the Commission 
                to carry out its duties, without regard to the 
                provisions of title 5, United States Code, governing 
                appointments in the competitive service, and without 
                regard to the provisions of chapter 51 and subchapter 
                III of chapter 53 of such title relating to 
                classification and General Schedule pay rates, except 
                that no rate of pay fixed under this subsection may 
                exceed the equivalent of that payable to a person 
                occupying a position at level V of the Executive 
                Schedule under section 5316 of such title.
                    (B) Detail of government employees.--Any Federal 
                Government employee may be detailed to the Commission 
                without reimbursement from the Commission, and such 
                detailee shall retain the rights, status, and 
                privileges of his or her regular employment without 
                interruption.
                    (C) Security clearances.--All staff of the 
                Commission and all experts and consultants employed by 
                the Commission shall possess a security clearance in 
                accordance with applicable provisions of law concerning 
                the handling of classified information.
            (8) Compensation and travel expenses.--
                    (A) Compensation of members.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), each member of the Commission 
                        may be compensated at not to exceed the daily 
                        equivalent of the annual rate of basic pay in 
                        effect for a position at level IV of the 
                        Executive Schedule under section 5315 of title 
                        5, United States Code, for each day during 
                        which that member is engaged in the actual 
                        performance of the duties of the Commission 
                        under this title.
                            (ii) Exception.--Members of the Commission 
                        who are officers or employees of the United 
                        States or Members of Congress shall receive no 
                        additional pay by reason of their service on 
                        the Commission.
                    (B) Travel expenses.--While away from their homes 
                or regular places of business in the performance of 
                services for the Commission, a member of the Commission 
                may be allowed travel expenses, including per diem in 
                lieu of subsistence, in the same manner as persons 
                employed intermittently in the Government service are 
                allowed expenses under section 5703 of title 5, United 
                States Code.
            (9) Treatment of information relating to national 
        security.--
                    (A) In general.--The Director of National 
                Intelligence shall assume responsibility for the 
                handling and disposition of any information related to 
                the national security of the United States that is 
                received, considered, or used by the Commission under 
                this title.
                    (B) Information provided by congressional 
                intelligence committees.--Any information related to 
                the national security of the United States that is 
                provided to the Commission by a congressional 
                intelligence committee may not be further provided or 
                released without the approval of the chairman of such 
                committee.
                    (C) Access after termination of commission.--
                Notwithstanding any other provision of law, after the 
                termination of the Commission under paragraph (10)(B), 
                only the members and designated staff of the 
                congressional intelligence committees, the Director of 
                National Intelligence (and the designees of the 
                Director), and such other officials of the executive 
                branch of the Federal Government as the President may 
                designate shall have access to information related to 
                the national security of the United States that is 
                received, considered, or used by the Commission.
            (10) Final report; termination.--
                    (A) Final report.--
                            (i) Definitions.--In this subparagraph:
                                    (I) Appropriate committees of 
                                congress.--The term ``appropriate 
                                committees of Congress'' means--
                                            (aa) the congressional 
                                        intelligence committees;
                                            (bb) the Committee on the 
                                        Judiciary of the Senate; and
                                            (cc) the Committee on the 
                                        Judiciary of the House of 
                                        Representatives.
                                    (II) Congressional leadership.--The 
                                term ``congressional leadership'' 
                                means--
                                            (aa) the majority leader of 
                                        the Senate;
                                            (bb) the minority leader of 
                                        the Senate;
                                            (cc) the Speaker of the 
                                        House of Representatives; and
                                            (dd) the minority leader of 
                                        the House of Representatives.
                            (ii) Final report required.--Not later than 
                        5 years from the date of enactment of this Act, 
                        the Commission shall submit to the appropriate 
                        committees of Congress, congressional 
                        leadership, the Director of National 
                        Intelligence, and the Attorney General a final 
                        report on the findings of the Commission.
                            (iii) Form of final report.--The final 
                        report submitted pursuant to clause (ii) shall 
                        be in unclassified form but may include a 
                        classified annex.
                            (iv) Assessments of final report.--Not 
                        later than 1 year after receipt of the final 
                        report under clause (ii), the Director of 
                        National Intelligence and the Attorney General 
                        shall each submit to the appropriate committees 
                        of Congress and congressional leadership an 
                        assessment of such report.
                    (B) Termination.--
                            (i) In general.--The Commission, and all 
                        the authorities of this section, shall 
                        terminate on the date that is 2 years after the 
                        date on which the final report is submitted 
                        under subparagraph (A)(ii).
                            (ii) Wind-down period.--The Commission may 
                        use the 2-year period referred to in clause (i) 
                        for the purposes of concluding its activities, 
                        including providing testimony to Congress 
                        concerning the final report referred to in that 
                        paragraph and disseminating the report.
            (11) Inapplicability of certain administrative 
        provisions.--
                    (A) Federal advisory committee act.--The provisions 
                of the Federal Advisory Committee Act (5 U.S.C. App.) 
                shall not apply to the activities of the Commission 
                under this section.
                    (B) Freedom of information act.--The provisions of 
                section 552 of title 5, United States Code (commonly 
                referred to as the ``Freedom of Information Act''), 
                shall not apply to the activities, records, and 
                proceedings of the Commission under this section.
            (12) Funding.--
                    (A) Authorization of appropriations.--There is 
                authorized to be appropriated funds to the extent and 
                in such amounts as specifically provided in advance in 
                appropriations acts for the purposes detailed in this 
                subsection.
                    (B) Availability in general.--Subject to 
                subparagraph (A), the Director of National Intelligence 
                shall make available to the Commission such amounts as 
                the Commission may require for purposes of the 
                activities of the Commission under this section.
                    (C) Duration of availability.--Amounts made 
                available to the Commission under subparagraph (B) 
                shall remain available until expended or upon 
                termination under paragraph (10)(B), whichever occurs 
                first.
            (13) Congressional intelligence committees defined.--In 
        this subsection, the term ``congressional intelligence 
        committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
    (d) Severability; Applicability Date.--
            (1) Severability.--If any provision of this Act, any 
        amendment made by this Act, or the application thereof to any 
        person or circumstances is held invalid, the validity of the 
        remainder of the Act, of any such amendments, and of the 
        application of such provisions to other persons and 
        circumstances shall not be affected thereby.
            (2) Applicability date.--Subsection (f) of section 702 of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1881a), as amended by this Act, shall apply with respect to 
        certifications submitted under subsection (h) of such section 
        to the Foreign Intelligence Surveillance Court after January 1, 
        2024.

SEC. 19. EXTENSION OF CERTAIN AUTHORITIES.

    (a) FISA Amendments Act of 2008.--Section 403(b) of the FISA 
Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2474) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``April 19, 2024'' and inserting 
                ``two years after the date of enactment of the 
                Reforming Intelligence and Securing America Act''; and
                    (B) by inserting ``and the Reforming Intelligence 
                and Securing America Act'' after ``the FISA Amendments 
                Reauthorization Act of 2017''; and
            (2) in paragraph (2) in the matter preceding subparagraph 
        (A), by striking ``April 19, 2024'' and inserting ``two years 
        after the date of enactment of the Reforming Intelligence and 
        Securing America Act''.
    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
            (1) in paragraph (1)--
                    (A) in the heading, by striking ``April 19, 2024'' 
                and inserting ``Two Years After the Date of Enactment 
                of the Reforming Intelligence and Securing America 
                Act''; and
                    (B) by inserting ``and the Reforming Intelligence 
                and Securing America Act'' after ``the FISA Amendments 
                Reauthorization Act of 2017'';
            (2) in paragraph (2), by inserting ``and the Reforming 
        Intelligence and Securing America Act'' after ``the FISA 
        Amendments Reauthorization Act of 2017''; and
            (3) in paragraph (4), by inserting ``and the Reforming 
        Intelligence and Securing America Act'' after ``the FISA 
        Amendments Reauthorization Act of 2017'' in each place it 
        appears.

SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    (a) References to Foreign Intelligence Surveillance Act of 1978.--
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    (b) Effect of Certain Amendments on Conforming Changes to Tables of 
Contents.--When an amendment made by this Act adds a section or larger 
organizational unit to the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), repeals or transfers a section or larger 
organizational unit in such Act, or amends the designation or heading 
of a section or larger organizational unit in such Act, that amendment 
also shall have the effect of amending the table of contents in such 
Act to alter the table to conform to the changes made by the amendment.

SEC. 21. REQUIREMENT FOR RECERTIFICATION.

    Notwithstanding any orders or authorizations issued or made under 
section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a) during the period beginning on January 1, 2024 and ending 
on April 30, 2024, no later than 90 days after the date of enactment of 
this Act, the Attorney General and the Director of National 
Intelligence shall be required to seek new orders consistent with the 
provisions of the Foreign Intelligence Surveillance Act of 1978, as 
amended by this Act, and thereafter to issue new authorizations 
consistent with such new orders.

SEC. 22. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.

    (a) In General.--Section 702(b)(5) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by striking 
``, except as provided under section 103(b) of the FISA Amendments 
Reauthorization Act of 2017''.
    (b) Conforming Amendments.--
            (1) Foreign intelligence surveillance act of 1978.--Section 
        702(m) of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1881a(m)) is amended--
                    (A) in the subsection heading, by striking 
                ``Reviews, and Reporting'' and inserting ``and 
                Reviews''; and
                    (B) by striking paragraph (4).
            (2) FISA amendments reauthorization act of 2017.--Section 
        103 of the FISA Amendments Reauthorization Act of 2017 (Public 
        Law 115-118; 50 U.S.C. 1881a note) is amended--
                    (A) by striking subsection (b); and
                    (B) by striking ``(a) In General.--''.

SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN 
              INTELLIGENCE.

    Section 101(e)(1) is amended--
            (1) in subparagraph (B), by striking ``; or'' and inserting 
        a semicolon; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) international production, distribution, or 
                financing of illicit synthetic drugs, opioids, cocaine, 
                or other drugs driving overdose deaths, or precursors 
                of any aforementioned; or''.

SEC. 24. VETTING OF NON-UNITED STATES PERSONS.

    Subsection (f) of section 702, as amended by this Act, is further 
amended by adding at the end the following new paragraph:
            ``(6) Vetting of non-united states persons.--For any 
        procedures for one or more agencies adopted under paragraph 
        (1)(A), the Attorney General, in consultation with the Director 
        of National Intelligence, shall ensure that the procedures 
        enable the vetting of all non-United States persons who are 
        being processed for travel to the United States using terms 
        that do not qualify as United States person query terms under 
        this Act.''.

SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.

    (a) Section 701(b)(4) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F);
            (2) in subparagraph (D), by striking ``; or'' and inserting 
        a semicolon;
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) any other service provider who has access to 
                equipment that is being or may be used to transmit or 
                store wire or electronic communications, but not 
                including any entity that serves primarily as--
                            ``(i) a public accommodation facility, as 
                        that term is defined in section 501(4);
                            ``(ii) a dwelling, as that term is defined 
                        in section 802 of the Fair Housing Act (42 
                        U.S.C. 3602);
                            ``(iii) a community facility, as that term 
                        is defined in section 315 of the Defense 
                        Housing and Community Facilities and Services 
                        Act of 1951 (42 U.S.C. 1592n); or
                            ``(iv) a food service establishment, as 
                        that term is defined in section 281 of the 
                        Agricultural Marketing Act of 1946 (7 U.S.C. 
                        1638); or'';
            (4) in subparagraph (F), as redesignated--
                    (A) by inserting ``custodian,'' after 
                ``employee,'';
                    (B) by striking ``or'' before ``(D)''; and
                    (C) by inserting ``, or (E)'' after ``(D)''.
    (b) Paragraph (6) of section 801 of the Foreign Intelligence 
Surveillance Act of 1978 is amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively;
            (2) in subparagraph (F), as redesignated, by striking ``; 
        or'' and inserting a semicolon;
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) any other service provider who has access to 
                equipment that is being or may be used to transmit or 
                store wire or electronic communications, but not 
                including any entity that serves primarily as--
                            ``(i) a public accommodation facility, as 
                        that term is defined in section 501(4);
                            ``(ii) a dwelling, as that term is defined 
                        in section 802 of the Fair Housing Act (42 
                        U.S.C. 3602);
                            ``(iii) a community facility, as that term 
                        is defined in section 315 of the Defense 
                        Housing and Community Facilities and Services 
                        Act of 1951 (42 U.S.C. 1592n); or
                            ``(iv) a food service establishment, as 
                        that term is defined in section 281 of the 
                        Agricultural Marketing Act of 1946 (7 U.S.C. 
                        1638);''; and
            (4) in subparagraph (G), as redesignated--
                    (A) by inserting ``custodian,'' after 
                ``employee,'';
                    (B) by striking ``or'' before ``(E)''; and
                    (C) by inserting ``, or (F)'' after ``(E)''.

            Passed the House of Representatives April 12, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 7888

_______________________________________________________________________

                                 AN ACT

      To reform the Foreign Intelligence Surveillance Act of 1978.
```