II 

Calendar No. 365 

118TH CONGRESS 

2D SESSION H. R. 7888 

IN THE SENATE OF THE UNITED STATES 

APRIL 15 (legislative day, APRIL 10), 2024 

Received; read the first time 

APRIL 15, 2024 

Read the second time and placed on the calendar 

AN ACT 

To reform the Foreign Intelligence Surveillance Act of 1978. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Securing America Act’’. 

4 SEC. 2. QUERY PROCEDURE REFORM. 

5 (a) STRICTLY LIMITING FEDERAL BUREAU OF IN6 VESTIGATION PERSONNEL AUTHORIZING UNITED STATES

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

8 amended— 

9 (1) by redesignating paragraph (3) as para10 graph (5); and 

11 (2) by inserting after paragraph (2) the fol12 lowing new paragraph: 

13 ‘‘(3) RESTRICTIONS IMPOSED ON FEDERAL BU14 REAU OF INVESTIGATION.— 

15 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

16 UNITED STATES PERSON QUERIES.— 

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

18 Investigation personnel must obtain prior 

19 approval from a Federal Bureau of Inves20 tigation supervisor (or employee of equiva21 lent or greater rank) or attorney who is 

22 authorized to access unminimized contents 

23 or noncontents obtained through acquisi24 tions authorized under subsection (a) for 

25 any query of such unminimized contents or 


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1 noncontents made using a United States 

2 person query term. 

3 ‘‘(ii) EXCEPTION.—A United States 

4 person query to be conducted by the Fed5 eral Bureau of Investigation of 

6 unminimized contents or noncontents ob7 tained through acquisitions authorized 

8 under subsection (a) using a United States 

9 person query term may be conducted with10 out obtaining prior approval as specified in 

11 clause (i) only if the person conducting the 

12 United States person query has a reason13 able belief that conducting the query could 

14 assist in mitigating or eliminating a threat 

15 to life or serious bodily harm.’’. 

16 (b) PROHIBITION ON INVOLVEMENT OF POLITICAL

17 APPOINTEES IN PROCESS TO APPROVE FEDERAL BU18 REAU OF INVESTIGATION QUERIES.—Subparagraph (D) 

19 of section 702(f)(3), as added by subsection (d) of this 

20 section, is amended by inserting after clause (v) the fol21 lowing: 

22 ‘‘(vi) PROHIBITION ON POLITICAL

23 APPOINTEES WITHIN THE PROCESS TO

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1 dures shall prohibit any political per2 sonnel, such as those classified by the 

3 Office of Personnel Management as 

4 Presidential Appointment with Senate 

5 Confirmation, Presidential Appoint6 ment (without Senate Confirmation), 

7 Noncareer Senior Executive Service 

8 Appointment, or Schedule C Excepted 

9 Appointment, from inclusion in the 

10 Federal Bureau of Investigation’s 

11 prior approval process under clause 

12 (ii).’’. 

13 (c) MANDATORY AUDITS OF UNITED STATES PER14 SON QUERIES CONDUCTED BY FEDERAL BUREAU OF IN15 VESTIGATION.— 

16 (1) AUDITS REQUIRED.—For each query identi17 fied by the Federal Bureau of Investigation as a 

18 United States person query against information ac19 quired pursuant to subsection (a) of section 702 of 

20 the Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1881a) conducted by the Federal Bureau 

22 of Investigation, not later than 180 days after the 

23 conduct of such query, the Department of Justice 

24 shall conduct an audit of such query. 


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1 (2) APPLICABILITY.—The requirement under 

2 paragraph (1) shall apply with respect to queries 

3 conducted on or after the date of the enactment of 

4 this Act. 

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

6 the earlier of the following: 

7 (A) The date that is 2 years after the date 

8 of the enactment of this Act. 

9 (B) The date on which the Attorney Gen10 eral submits to the appropriate congressional 

11 committees a certification that the Federal Bu12 reau of Investigation has implemented a process 

13 for the internal audit of all queries referred to 

14 in paragraph (1). 

15 (4) APPROPRIATE CONGRESSIONAL COMMIT16 TEES DEFINED.—In this section, the term ‘‘appro17 priate congressional committees’’ means— 

18 (A) the congressional intelligence commit19 tees, as such term is defined in subsection (b) 

20 of section 701 of the Foreign Intelligence Sur21 veillance Act of 1978 (50 U.S.C. 1881); and 

22 (B) the Committees on the Judiciary of 

23 the House of Representatives and of the Sen24 ate. 


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1 (d) RESTRICTIONS RELATING TO CONDUCT OF CER2 TAIN QUERIES BY FEDERAL BUREAU OF INVESTIGA3 TION.—Paragraph (3) of section 702(f), as added by sub4 section (a)(2) of this section, is amended by adding after 

5 subparagraph (C), as added by subsection (f) of this sec6 tion, the following: 

7 ‘‘(D) QUERYING PROCEDURES APPLICABLE

8 TO FEDERAL BUREAU OF INVESTIGATION.—For 

9 any procedures adopted under paragraph (1) 

10 applicable to the Federal Bureau of Investiga11 tion, the Attorney General, in consultation with 

12 the Director of National Intelligence, shall in13 clude the following requirements: 

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

15 prior to conducting any query, personnel of 

16 the Federal Bureau of Investigation suc17 cessfully complete training on the querying 

18 procedures on an annual basis. 

19 ‘‘(ii) ADDITIONAL PRIOR APPROVALS

20 FOR SENSITIVE QUERIES.—A requirement 

21 that, absent exigent circumstances, prior to 

22 conducting certain queries, personnel of 

23 the Federal Bureau of Investigation receive 

24 approval, at minimum, as follows: 


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1 ‘‘(I) Approval from the Deputy 

2 Director of the Federal Bureau of In3 vestigation if the query uses a query 

4 term reasonably believed to identify a 

5 United States elected official, an ap6 pointee of the President or a State 

7 governor, a United States political 

8 candidate, a United States political 

9 organization or a United States per10 son prominent in such organization, 

11 or a United States media organization 

12 or a United States person who is a 

13 member of such organization. 

14 ‘‘(II) Approval from an attorney 

15 of the Federal Bureau of Investiga16 tion if the query uses a query term 

17 reasonably believed to identify a 

18 United States religious organization 

19 or a United States person who is 

20 prominent in such organization. 

21 ‘‘(III) Approval from an attorney 

22 of the Federal Bureau of Investiga23 tion if such conduct involves batch job 

24 technology (or successor tool). 


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1 ‘‘(iii) PRIOR WRITTEN JUSTIFICA2 TION.—A requirement that, prior to con3 ducting a query using a United States per4 son query term, personnel of the Federal 

5 Bureau of Investigation provide a written 

6 statement of the specific factual basis to 

7 support the reasonable belief that such 

8 query meets the standards required by the 

9 procedures adopted under paragraph (1). 

10 For each United States person query, the 

11 Federal Bureau of Investigation shall keep 

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

13 conduct of the query, the identifier of the 

14 personnel conducting the query, and such 

15 written statement. 

16 ‘‘(iv) STORAGE OF CERTAIN CON17 TENTS AND NONCONTENTS.—Any system 

18 of the Federal Bureau of Investigation 

19 that stores unminimized contents or non20 contents obtained through acquisitions au21 thorized under subsection (a) together with 

22 contents or noncontents obtained through 

23 other lawful means shall be configured in 

24 a manner that— 


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1 ‘‘(I) requires personnel of the 

2 Federal Bureau of Investigation to af3 firmatively elect to include such 

4 unminimized contents or noncontents 

5 obtained through acquisitions author6 ized under subsection (a) when run7 ning a query; or 

8 ‘‘(II) includes other controls rea9 sonably expected to prevent inad10 vertent queries of such unminimized 

11 contents or noncontents. 

12 ‘‘(v) WAIVER AUTHORITY FOR FOR13 EIGN INTELLIGENCE SURVEILLANCE

14 COURT.—If the Foreign Intelligence Sur15 veillance Court finds that the procedures 

16 adopted under paragraph (1) include meas17 ures that are reasonably expected to result 

18 in similar compliance outcomes as the 

19 measures specified in clauses (i) through 

20 (iv) of this subparagraph, the Foreign In21 telligence Surveillance Court may waive 

22 one or more of the requirements specified 

23 in such clauses.’’. 

24 (e) NOTIFICATION FOR CERTAIN QUERIES CON25 DUCTED BY FEDERAL BUREAU OF INVESTIGATION.— 


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1 Paragraph (3) of section 702(f), as added by subsection 

2 (a) of this section, is amended by adding at the end the 

3 following: 

4 ‘‘(B) NOTIFICATION REQUIREMENT FOR

5 CERTAIN FBI QUERIES.— 

6 ‘‘(i) REQUIREMENT.—The Director of 

7 the Federal Bureau of Investigation shall 

8 promptly notify appropriate congressional 

9 leadership of any query conducted by the 

10 Federal Bureau of Investigation using a 

11 query term that is reasonably believed to 

12 be the name or other personally identifying 

13 information of a member of Congress, and 

14 shall also notify the member who is the 

15 subject of such query. 

16 ‘‘(ii) APPROPRIATE CONGRESSIONAL

17 LEADERSHIP DEFINED.—In this subpara18 graph, the term ‘appropriate congressional 

19 leadership’ means the following: 

20 ‘‘(I) The chairs and ranking mi21 nority members of the congressional 

22 intelligence committees. 

23 ‘‘(II) The Speaker and minority 

24 leader of the House of Representa25 tives. 


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1 ‘‘(III) The majority and minority 

2 leaders of the Senate. 

3 ‘‘(iii) NATIONAL SECURITY CONSIDER4 ATIONS.—In submitting a notification 

5 under clause (i), the Director shall give 

6 due regard to the protection of classified 

7 information, sources and methods, and na8 tional security. 

9 ‘‘(iv) WAIVER.— 

10 ‘‘(I) IN GENERAL.—The Director 

11 may waive a notification required 

12 under clause (i) if the Director deter13 mines such notification would impede 

14 an ongoing national security or law 

15 enforcement investigation. 

16 ‘‘(II) TERMINATION.—A waiver 

17 under subclause (I) shall terminate on 

18 the date the Director determines the 

19 relevant notification would not impede 

20 the relevant national security or law 

21 enforcement investigation or on the 

22 date that such investigation ends, 

23 whichever is earlier.’’. 

24 (f) REQUIREMENT FOR CONGRESSIONAL CONSENT

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1 TION QUERIES FOR PURPOSE OF DEFENSIVE BRIEF2 INGS.—Paragraph (3) of section 702(f), as added by sub3 section (a) of this section, is amended by adding after sub4 paragraph (B), as added by subsection (e) of this section, 

5 the following: 

6 ‘‘(C) CONSENT REQUIRED FOR FBI TO

7 CONDUCT CERTAIN QUERIES FOR PURPOSE OF

8 DEFENSIVE BRIEFING.— 

9 ‘‘(i) CONSENT REQUIRED.—The Fed10 eral Bureau of Investigation may not, for 

11 the exclusive purpose of supplementing the 

12 contents of a briefing on the defense 

13 against a counterintelligence threat to a 

14 member of Congress, conduct a query 

15 using a query term that is the name or re16 stricted personal information (as such term 

17 is defined in section 119 of title 18, United 

18 States Code) of that member unless— 

19 ‘‘(I) the member provides consent 

20 to the use of the query term; or 

21 ‘‘(II) the Deputy Director of the 

22 Federal Bureau of Investigation de23 termines that exigent circumstances 

24 exist sufficient to justify the conduct 

25 of such query. 


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1 ‘‘(ii) NOTIFICATION.— 

2 ‘‘(I) NOTIFICATION OF CONSENT

3 SOUGHT.—Not later than three busi4 ness days after submitting a request 

5 for consent from a member of Con6 gress under clause (i), the Director of 

7 the Federal Bureau of Investigation 

8 shall notify the appropriate congres9 sional leadership, regardless of wheth10 er the member provided such consent. 

11 ‘‘(II) NOTIFICATION OF EXCEP12 TION USED.—Not later than three 

13 business days after the conduct of a 

14 query under clause (i) without consent 

15 on the basis of the existence of exi16 gent circumstances determined under 

17 subclause (II) of such clause, the Di18 rector of the Federal Bureau of Inves19 tigation shall notify the appropriate 

20 congressional leadership. 

21 ‘‘(iii) RULE OF CONSTRUCTION.— 

22 Nothing in this subparagraph may be con23 strued as— 

24 ‘‘(I) applying to matters outside 

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1 fense against a counterintelligence 

2 threat to be provided or supplemented 

3 under clause (i); or 

4 ‘‘(II) limiting the lawful inves5 tigative activities of the Federal Bu6 reau of Investigation other than 

7 supplementing the contents of a brief8 ing on the defense against a counter9 intelligence threat to a member of 

10 Congress. 

11 ‘‘(iv) APPROPRIATE CONGRESSIONAL

12 LEADERSHIP DEFINED.—In this subpara13 graph, the term ‘appropriate congressional 

14 leadership’ means the following: 

15 ‘‘(I) The chairs and ranking mi16 nority members of the congressional 

17 intelligence committees. 

18 ‘‘(II) The Speaker and minority 

19 leader of the House of Representa20 tives. 

21 ‘‘(III) The majority and minority 

22 leaders of the Senate.’’. 


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1 SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED 

2 UNDER SECTION 702. 

3 (a) REVOKING FEDERAL BUREAU OF INVESTIGATION

4 AUTHORITY TO CONDUCT QUERIES UNRELATED TO NA5 TIONAL SECURITY.—Subsection (f)(2) of section 702 is 

6 amended to read as follows: 

7 ‘‘(2) PROHIBITION ON CONDUCT OF QUERIES

8 THAT ARE SOLELY DESIGNED TO FIND AND EX9 TRACT EVIDENCE OF A CRIME.— 

10 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

11 UNITED STATES PERSON QUERIES.—The 

12 querying procedures adopted pursuant to para13 graph (1) for the Federal Bureau of Investiga14 tion shall prohibit queries of information ac15 quired under subsection (a) that are solely de16 signed to find and extract evidence of criminal 

17 activity. 

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

19 subparagraph (A) shall not apply with respect 

20 to a query if— 

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

22 such query may retrieve information that 

23 could assist in mitigating or eliminating a 

24 threat to life or serious bodily harm; or 

25 ‘‘(ii) such query is necessary to iden26 tify information that must be produced or 


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1 preserved in connection with a litigation 

2 matter or to fulfill discovery obligations in 

3 criminal matters under the laws of the 

4 United States or any State thereof.’’. 

5 (b) RESTRICTION ON CERTAIN INFORMATION AVAIL6 ABLE TO FEDERAL BUREAU OF INVESTIGATION.—Section 

7 702 is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(n) RESTRICTION ON CERTAIN INFORMATION

10 AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 

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

12 Investigation may not ingest unminimized informa13 tion acquired under this section into its analytic re14 positories unless the targeted person is relevant to 

15 an existing, open, predicated full national security 

16 investigation by the Federal Bureau of Investigation. 

17 ‘‘(2) EXCEPTION FOR EXIGENT CIR18 CUMSTANCES.—Paragraph (1) does not apply if the 

19 Director of the Federal Bureau of Investigation de20 cides it is necessary due to exigent circumstances 

21 and provides notification within three business days 

22 to the congressional intelligence committees, the 

23 Speaker and minority leader of the House of Rep24 resentatives, and the majority and minority leaders 

25 of the Senate. 


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1 ‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER

2 AGENCIES.—Paragraph (1) does not apply where the 

3 Federal Bureau of Investigation has agreed to pro4 vide technical, analytical, or linguistic assistance at 

5 the request of another Federal agency.’’. 

6 SEC. 4. TARGETING DECISIONS UNDER SECTION 702. 

7 (a) SENSE OF CONGRESS ON THE TARGETED COL8 LECTION OF UNITED STATES PERSON INFORMATION.— 

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

10 702(b)(2), section 702 of the Foreign Intelligence Surveil11 lance Act of 1978 has always prohibited, and continues 

12 to prohibit, the intelligence community from targeting a 

13 United States person for collection of foreign intelligence 

14 information. If the intelligence community intends to tar15 get a United States person for collection of foreign intel16 ligence information under the Foreign Intelligence Surveil17 lance Act of 1978, the Government must first obtain an 

18 individualized court order based upon a finding of prob19 able cause that the United States person is a foreign 

20 power, an agent of a foreign power, or an officer or em21 ployee of a foreign power, in order to conduct surveillance 

22 targeting that United States person. 

23 (b) ANNUAL AUDIT OF TARGETING DECISIONS

24 UNDER SECTION 702.— 


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1 (1) MANDATORY REVIEW.—Not less frequently 

2 than annually, the Department of Justice National 

3 Security Division shall review each person targeted 

4 under section 702 of the Foreign Intelligence Sur5 veillance Act of 1978 in the preceding year to ensure 

6 that the purpose of each targeting decision is not to 

7 target a known United States person. The results of 

8 this review shall be submitted to the Department of 

9 Justice Office of the Inspector General, the congres10 sional intelligence committees, and the Committees 

11 on the Judiciary of the House of Representatives 

12 and of the Senate, subject to a declassification re13 view. 

14 (2) INSPECTOR GENERAL AUDIT.—Not less fre15 quently than annually, the Department of Justice 

16 Office of the Inspector General shall audit a sam17 pling of the targeting decisions reviewed by the Na18 tional Security Division under paragraph (1) and 

19 submit a report to the congressional intelligence 

20 committees and the Committees on the Judiciary of 

21 the House of Representatives and of the Senate. 

22 (3) CERTIFICATION.—Within 180 days of en23 actment of this Act, and annually thereafter, each 

24 agency authorized to target non-United States per25 sons under section 702 shall certify to Congress that 


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1 the purpose of each targeting decision made in the 

2 prior year was not to target a known United States 

3 person. 

4 (4) APPLICATION.—The requirements under 

5 this subsection apply for any year to the extent that 

6 section 702 of the Foreign Intelligence Surveillance 

7 Act of 1978 was in effect during any portion of the 

8 previous year. 

9 SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

10 REFORM. 

11 (a) REQUIREMENT FOR SAME JUDGE TO HEAR EX12 TENSION APPLICATIONS.—Subsection (d) of section 105 

13 is amended by adding at the end the following new para14 graph: 

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

16 title for surveillance targeted against a United 

17 States person, to the extent practicable and absent 

18 exigent circumstances, shall be granted or denied by 

19 the same judge who issued the original order unless 

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

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

22 (b) USE OF AMICI CURIAE IN FOREIGN INTEL23 LIGENCE SURVEILLANCE COURT PROCEEDINGS.—Sub24 section (i) of section 103 is amended— 

25 (1) in paragraph (2)— 


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1 (A) by redesignating subparagraphs (A) 

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

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

4 inserting the following subparagraph: 

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

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

7 subparagraph (B) of this section— 

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

9 (I) by striking ‘‘appoint an indi10 vidual who has’’ and inserting ‘‘ap11 point one or more individuals who 

12 have’’; and 

13 (II) by striking ‘‘; and’’ and in14 serting a semicolon; 

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

16 (I) by striking ‘‘appoint an indi17 vidual or organization’’ and inserting 

18 ‘‘appoint one or more individuals or 

19 organizations’’; and 

20 (II) by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (iii) by adding at the end the fol23 lowing new clause: 

24 ‘‘(iii) shall appoint one or more indi25 viduals who have been designated under 


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1 paragraph (1) to serve as amicus curiae to 

2 assist such court in the consideration of 

3 any certification or procedures submitted 

4 for review pursuant to section 702, includ5 ing any amendments to such certifications 

6 or procedures, if the court established 

7 under subsection (a) has not appointed an 

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

9 the court issues a finding that such ap10 pointment is not appropriate or is likely to 

11 result in undue delay.’’; and 

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

13 subparagraphs: 

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

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

16 the court shall, to the maximum extent prac17 ticable, appoint an individual who possesses ex18 pertise in both privacy and civil liberties and in19 telligence collection. 

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

21 appoints one or more individuals or organiza22 tions pursuant to this paragraph to assist such 

23 court in a proceeding under section 702, not24 withstanding subsection (j)(1)(B) of such sec25 tion, the court shall issue an order pursuant to 


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1 subsection (j)(3) of such section as expedi2 tiously as possible consistent with subsection 

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

4 than 60 days after the date on which such cer5 tification, procedures, or amendments are sub6 mitted for the court’s review, or later than 60 

7 days after the court has issued an order ap8 pointing one or more individuals pursuant to 

9 this paragraph, whichever is earlier, unless a 

10 judge of that court issues an order finding that 

11 extraordinary circumstances necessitate addi12 tional time for review and that such extension 

13 of time is consistent with the national secu14 rity.’’; and 

15 (2) in paragraph (4)— 

16 (A) by striking ‘‘paragraph (2)(A)’’ and in17 serting ‘‘paragraph (2)’’; 

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

19 appropriate’’; 

20 (C) by redesignating subparagraphs (A) 

21 through (C) as clauses (i) through (iii), respec22 tively; 

23 (D) by inserting before clause (i) the fol24 lowing new subparagraphs: 


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

2 issues identified by the court; and 

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

4 ’’; and 

5 (E) in subparagraph (B)(i), as redesig6 nated, by inserting ‘‘of United States persons’’ 

7 after ‘‘civil liberties’’. 

8 (c) DESIGNATION OF COUNSEL TO SCRUTINIZE AP9 PLICATIONS FOR UNITED STATES PERSONS.—Section 

10 103 is amended by adding at the end the following new 

11 subsection: 

12 ‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN AP13 PLICATIONS.—To assist the court in the consideration of 

14 any application for an order pursuant to section 104 that 

15 targets a United States person, the presiding judge des16 ignated under subsection (a) shall designate one or more 

17 attorneys to review such applications, and provide a writ18 ten analysis to the judge considering the application, of— 

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

20 make the probable cause determination under sec21 tion 105(a)(2); 

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

23 concerns in the application; and 

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

25 which the judge shall consider during a proceeding 


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1 on the application in which such attorney is present, 

2 as appropriate— 

3 ‘‘(A) that the application should be ap4 proved, denied, or modified; 

5 ‘‘(B) that the Government should supply 

6 additional information in connection with such 

7 application; or 

8 ‘‘(C) that any requirements or conditions 

9 should be imposed on the Government for the 

10 approval of such application.’’. 

11 (d) MEMBER ACCESS TO THE FOREIGN INTEL12 LIGENCE SURVEILLANCE COURT AND FOREIGN INTEL13 LIGENCE SURVEILLANCE COURT OF REVIEW.—The chair 

14 and ranking minority member of each of the congressional 

15 intelligence committees, the chairs and ranking members 

16 of the Committees on the Judiciary of the House of Rep17 resentatives and of the Senate, the Majority and Minority 

18 Leaders of the Senate, the Speaker of the House of Rep19 resentatives, and the Minority Leader of the House of 

20 Representatives shall be entitled to attend any proceeding 

21 of the Foreign Intelligence Surveillance Court or any pro22 ceeding of the Foreign Intelligence Surveillance Court of 

23 Review. Each person entitled to attend a proceeding pur24 suant to this paragraph may designate not more than 2 

25 staff members of such committee or office to attend on 


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1 their behalf, pursuant to such procedures as the Attorney 

2 General, in consultation with the Director of National In3 telligence may establish. 

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

5 INTELLIGENCE SURVEILLANCE ACT. 

6 (a) REQUIREMENT FOR SWORN STATEMENTS FOR

7 FACTUAL ASSERTIONS.— 

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

9 is amended by striking ‘‘a statement of’’ and insert10 ing ‘‘a sworn statement of’’. 

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

12 is amended by striking ‘‘a statement of’’ and insert13 ing ‘‘a sworn statement of’’. 

14 (3) SECTION 703.—Subsection (b)(1)(C) of sec15 tion 703 is amended by striking ‘‘a statement of’’ 

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

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

18 704 is amended by striking ‘‘a statement of’’ and in19 serting ‘‘a sworn statement of’’. 

20 (5) APPLICABILITY.—The amendments made 

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

23 after the date of enactment of this Act. 

24 (b) PROHIBITION ON USE OF POLITICALLY DERIVED

25 INFORMATION IN APPLICATIONS FOR CERTAIN ORDERS


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1 BY THE FOREIGN INTELLIGENCE SURVEILLANCE

2 COURT.— 

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

4 is amended— 

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

6 and’’ and inserting a semicolon; 

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

8 the semicolon and inserting ‘‘; and’’; and 

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

10 following new subparagraph: 

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

12 in the statement described in paragraph (3) 

13 was solely produced by, derived from informa14 tion produced by, or obtained using the funds 

15 of, a political organization (as such term is de16 fined in section 527 of the Internal Revenue 

17 Code of 1986), unless— 

18 ‘‘(i) the political organization is clear19 ly identified in the body of the statement 

20 described in paragraph (3); 

21 ‘‘(ii) the information has been cor22 roborated; and 

23 ‘‘(iii) the investigative techniques used 

24 to corroborate the information are clearly 


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1 identified in the body of the statement de2 scribed in paragraph (3); and’’. 

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

4 is amended— 

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

6 and’’ and inserting a semicolon; 

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

8 semicolon and inserting ‘‘; and’’; and 

9 (C) by inserting after subparagraph (E) 

10 the following new subparagraph: 

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

12 in the statement described in paragraph (3) 

13 was solely produced by, derived from informa14 tion produced by, or obtained using the funds 

15 of, a political organization (as such term is de16 fined in section 527 of the Internal Revenue 

17 Code of 1986), unless— 

18 ‘‘(i) the political organization is clear19 ly identified in the body of the statement 

20 described in paragraph (3); 

21 ‘‘(ii) the information has been cor22 roborated; and 

23 ‘‘(iii) the investigative techniques used 

24 to corroborate the information are clearly 


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1 identified in the body of the statement de2 scribed in paragraph (3); and’’. 

3 (3) APPLICABILITY.—The amendments made 

4 by this subsection shall apply with respect to appli5 cations made on or after the date that is 120 days 

6 after the date of enactment of this Act. 

7 (c) PROHIBITION ON USE OF PRESS REPORTS IN AP8 PLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN IN9 TELLIGENCE SURVEILLANCE COURT.— 

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

11 as amended by this Act, is further amended by add12 ing at the end the following new subparagraph: 

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

14 in the statement described in paragraph (3) is 

15 attributable to or derived from the content of a 

16 media source unless the statement includes a 

17 clear identification of each author of that con18 tent, and where applicable, the publisher of that 

19 content, information to corroborate that which 

20 was derived from the media source, and an ex21 planation of the investigative techniques used to 

22 corroborate the information;’’. 

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

24 303, as amended by this Act, is further amended by 

25 adding at the end the following new subparagraph: 


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

2 in the statement described in paragraph (3) is 

3 attributable to or derived from the content of a 

4 media source unless the statement includes a 

5 clear identification of each author of that con6 tent, where applicable, the publisher of that 

7 content, information to corroborate that which 

8 was derived from the media source, and an ex9 planation of the investigative techniques used to 

10 corroborate the information;’’. 

11 (3) APPLICABILITY.—The amendments made 

12 by this subsection shall apply with respect to appli13 cations made on or after the date that is 120 days 

14 after the date of enactment of this Act. 

15 (d) DESCRIPTION OF TECHNIQUES CARRIED OUT

16 BEFORE APPLICATION.— 

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

18 amended by this Act, is further amended— 

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

20 and inserting a semicolon; 

21 (B) in paragraph (9), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 paragraph: 


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

2 States person, a statement summarizing the inves3 tigative techniques carried out before making the ap4 plication;’’. 

5 (2) APPLICABILITY.—The amendments made 

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

8 after the date of enactment of this Act. 

9 (e) REQUIREMENT FOR CERTAIN JUSTIFICATION

10 PRIOR TO EXTENSION OF ORDERS.— 

11 (1) APPLICATIONS FOR EXTENSION OF ORDERS

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

13 amended by this Act, is further amended by adding 

14 at the end the following new paragraph: 

15 ‘‘(11) in the case of an application for an exten16 sion of an order under this title for a surveillance 

17 targeted against a United States person, a summary 

18 statement of the foreign intelligence information ob19 tained pursuant to the original order (and any pre20 ceding extension thereof) as of the date of the appli21 cation for the extension, or a reasonable explanation 

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

23 (2) APPLICATIONS FOR EXTENSION OF ORDERS

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

25 amended by this Act, is further amended— 


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

2 and inserting a semicolon; 

3 (B) in paragraph (8), by striking the pe4 riod at the end and inserting a semicolon; and 

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

6 paragraph: 

7 ‘‘(9) in the case of an application for an exten8 sion of an order under this title in which the target 

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

10 summary statement of the foreign intelligence infor11 mation obtained pursuant to the original order (and 

12 any preceding extension thereof) as of the date of 

13 the application for the extension, or a reasonable ex14 planation of the failure to obtain such information; 

15 and’’. 

16 (3) APPLICABILITY.—The amendments made 

17 by this subsection shall apply with respect to appli18 cations made on or after the date that is 120 days 

19 after the date of enactment of this Act. 

20 (f) REQUIREMENT FOR JUSTIFICATION OF UNDER21 LYING CRIMINAL OFFENSE IN CERTAIN APPLICATIONS.— 

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

23 104 is amended by inserting before the semicolon at 

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

25 that is a United States person alleged to be acting 


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1 as an agent of a foreign power (as described in sec2 tion 101(b)(2)(B)), that a violation of the criminal 

3 statutes of the United States as referred to in sec4 tion 101(b)(2)(B) has occurred or is about to 

5 occur’’. 

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

7 303 is amended by inserting before the semicolon at 

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

9 that is a United States person alleged to be acting 

10 as an agent of a foreign power (as described in sec11 tion 101(b)(2)(B)), that a violation of the criminal 

12 statutes of the United States as referred to in sec13 tion 101(b)(2)(B) has occurred or is about to 

14 occur’’. 

15 (3) APPLICABILITY.—The amendments made 

16 by this subsection shall apply with respect to appli17 cations made on or after the date that is 120 days 

18 after the date of enactment of this Act. 

19 (g) MODIFICATION TO DURATION OF APPROVED PE20 RIOD UNDER CERTAIN ORDERS FOR NON-UNITED

21 STATES PERSONS.— 

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

23 amended— 

24 (A) in paragraph (1)— 


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

2 ‘‘against a foreign power, as defined in sec3 tion 101(a), (1), (2), or (3),’’ and inserting 

4 ‘‘against a foreign power’’; and 

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

6 ‘‘120 days’’ and inserting ‘‘one year’’; and 

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

8 (C) by redesignating paragraphs (3) and 

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

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

11 amended— 

12 (A) in paragraph (1)— 

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

14 ‘‘against a foreign power, as defined in 

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

16 101(a),’’ and inserting ‘‘against a foreign 

17 power’’; and 

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

19 ‘‘120 days’’ and inserting ‘‘one year’’; and 

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

21 (C) by redesignating paragraph (3) as 

22 paragraph (2). 


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1 SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

2 CERTAIN DOCUMENTS. 

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

4 after ‘‘shall conduct a declassification review’’ the fol5 lowing: ‘‘, to be concluded as soon as practicable, but not 

6 later than 180 days after the commencement of such re7 view,’’. 

8 SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS. 

9 (a) REQUIREMENT FOR TRANSCRIPTS OF PRO10 CEEDINGS.—Subsection (c) of section 103 is amended— 

11 (1) by inserting ‘‘, and hearings shall be tran12 scribed’’ before the first period; 

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

14 after ‘‘applications made’’; and 

15 (3) by adding at the end the following new sen16 tence: ‘‘Transcriptions and any related records, in17 cluding testimony and affidavits, shall be stored in 

18 a file associated with the relevant application or 

19 order.’’. 

20 (b) REQUIREMENT FOR NOTIFICATION TO CONGRESS

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

22 601 is amended— 

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

24 inserting a semicolon; 

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

26 inserting a semicolon; and 


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

2 paragraphs: 

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

4 proceeding before the Foreign Intelligence Surveil5 lance Court or Foreign Intelligence Surveillance 

6 Court of Review for which a court reporter produces 

7 a transcript, not later than 45 days after the govern8 ment receives the final transcript or the date on 

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

10 other proceeding is resolved, whichever is later, a no11 tice of the existence of such transcript. Not later 

12 than three business days after a committee referred 

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

14 transcript, the Attorney General shall facilitate such 

15 request; and 

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

17 has undergone review under section 602.’’. 

18 SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GEN19 ERAL. 

20 (a) INSPECTOR GENERAL REPORT ON FEDERAL BU21 REAU OF INVESTIGATION QUERYING PRACTICES.— 

22 (1) REPORT.—Not later than 545 days after 

23 the date of enactment of this Act, the Inspector 

24 General of the Department of Justice shall submit 

25 to the appropriate congressional committees a report 


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1 on the querying practices of the Federal Bureau of 

2 Investigation under section 702. 

3 (2) MATTERS INCLUDED.—The report under 

4 paragraph (1) shall include, at a minimum, the fol5 lowing: 

6 (A) An evaluation of compliance by per7 sonnel of the Federal Bureau of Investigation 

8 with the querying procedures adopted under 

9 section 702(f), with a particular focus on com10 pliance by such personnel with the procedures 

11 governing queries using United States person 

12 query terms. 

13 (B) An analysis of each specific reform 

14 that, in the view of the Inspector General, is re15 sponsible for any identified improvement in the 

16 Federal Bureau of Investigation’s record of 

17 compliance with the querying procedures, in18 cluding an identification of whether such reform 

19 was— 

20 (i) required by this Act or another Act 

21 of Congress; 

22 (ii) required by the Foreign Intel23 ligence Surveillance Court or the Attorney 

24 General; or 


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1 (iii) voluntarily adopted by the Direc2 tor of the Federal Bureau of Investigation. 

3 (C) An assessment of the status of the im4 plementation by the Federal Bureau of Inves5 tigation of all reforms related to querying that 

6 are required by this Act. 

7 (D) An evaluation of the effectiveness of 

8 the Office of Internal Auditing of the Federal 

9 Bureau of Investigation with respect to moni10 toring and improving query compliance by per11 sonnel of the Federal Bureau of Investigation. 

12 (E) Recommendations to further improve 

13 compliance with querying procedures by per14 sonnel of the Federal Bureau of Investigation, 

15 particularly with respect to compliance with the 

16 procedures governing queries using United 

17 States person query terms. 

18 (F) Any other relevant matter the Inspec19 tor General determines appropriate. 

20 (3) FORM.—The report under paragraph (1) 

21 shall be submitted in unclassified form and may in22 clude a classified annex. 

23 (4) DEFINITIONS.—In this subsection: 

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

25 this subsection, terms used in this subsection 


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1 have the meanings given such terms in the For2 eign Intelligence Surveillance Act of 1978 (50 

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

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

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

10 Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1881); and 

12 (ii) the Committees on the Judiciary 

13 of the House of Representatives and the 

14 Senate. 

15 SEC. 10. ACCURACY AND COMPLETENESS OF APPLICA16 TIONS. 

17 (a) REQUIREMENT FOR CERTIFICATIONS REGARDING

18 ACCURACY OF APPLICATIONS.— 

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

20 amended by this Act, is further amended by adding 

21 at the end the following new paragraph: 

22 ‘‘(12) a certification by the applicant or declar23 ant that, to the best knowledge of the applicant or 

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1 torney for the Government has been apprised of all 

2 information that might reasonably— 

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

4 application or the reasonableness of any assess5 ment in the application conducted by the de6 partment or agency on whose behalf the appli7 cation is made; or 

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

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

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

11 amended by adding at the end the following: 

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

13 the best knowledge of the applicant, the Attorney 

14 General or a designated attorney for the Govern15 ment has been apprised of all information that 

16 might reasonably— 

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

18 application or the reasonableness of any assess19 ment in the application conducted by the de20 partment or agency on whose behalf the appli21 cation is made; or 

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

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

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

25 amended— 


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

2 and inserting a semicolon; 

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

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

6 paragraph: 

7 ‘‘(4) a certification by the Federal Officer seek8 ing to use the pen register or trap and trace device 

9 covered by the application that, to the best knowl10 edge of the Federal Officer, the Attorney General or 

11 a designated attorney for the Government has been 

12 apprised of all information that might reasonably— 

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

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

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

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

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

21 is amended— 

22 (A) in subparagraph (A), by striking ‘‘; 

23 and’’ and inserting a semicolon; 

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

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


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

2 subparagraph: 

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

4 the best knowledge of the applicant, the appli5 cation fairly reflects all information that might 

6 reasonably— 

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

8 the application or the reasonableness of 

9 any assessment in the application con10 ducted by the department or agency on 

11 whose behalf the application is made; or 

12 ‘‘(ii) otherwise raise doubts with re13 spect to the findings required under sub14 section (c).’’. 

15 (5) TITLE VII.— 

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

17 section 703 is amended— 

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

19 and’’ and inserting a semicolon; 

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

21 the period at the end and inserting ‘‘; 

22 and’’; and 

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


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

2 to the best knowledge of the applicant, the At3 torney General or a designated attorney for the 

4 Government has been apprised of all informa5 tion that might reasonably— 

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

7 the application or the reasonableness of 

8 any assessment in the application con9 ducted by the department or agency on 

10 whose behalf the application is made; or 

11 ‘‘(ii) otherwise raise doubts with re12 spect to the findings required under sub13 section (c).’’. 

14 (B) SECTION 704.—Subsection (b) of sec15 tion 704 is amended— 

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

17 and’’ and inserting a semicolon; 

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

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

20 and 

21 (iii) by adding at the end the fol22 lowing new paragraph: 

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

24 best knowledge of the applicant, the Attorney Gen25 eral or a designated attorney for the Government 


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1 has been apprised of all information that might rea2 sonably— 

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

4 application or the reasonableness of any assess5 ment in the application conducted by the de6 partment or agency on whose behalf the appli7 cation is made; or 

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

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

10 (6) APPLICABILITY.—The amendments made 

11 by this subsection shall apply with respect to appli12 cations made on or after the date that is 120 days 

13 after the date of enactment of this Act. 

14 (7) ACCURACY PROCEDURES.—Not later than 

15 180 days after the date of the enactment of this Act, 

16 the Attorney General, in consultation with the Direc17 tor of the Federal Bureau of Investigation, shall 

18 issue procedures governing the review of case files, 

19 as appropriate, to ensure that applications to the 

20 Foreign Intelligence Surveillance Court under title I 

21 or III of the Foreign Intelligence Surveillance Act of 

22 1978 (50 U.S.C. 1801 et seq.) that target United 

23 States persons are accurate and complete. 

24 (b) DISCLOSURE OF EXCULPATORY INFORMATION.— 


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

2 amended by this Act, is further amended by adding 

3 at the end the following new paragraph: 

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

5 applicant or declarant that is potentially exculpatory 

6 regarding the requested legal findings or any assess7 ment in the application.’’. 

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

9 as amended by this Act, is further amended by add10 ing at the end the following: 

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

12 applicant or declarant that is potentially exculpatory 

13 regarding the requested legal findings or any assess14 ment in the application.’’. 

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

16 as amended by this Act, is further amended— 

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

18 and inserting a semicolon; 

19 (B) in paragraph (4), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 paragraph: 

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

24 Federal officer seeking to use the pen register or 

25 trap and trace device covered by the application, 


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1 that is potentially exculpatory regarding the re2 quested legal findings or any assessment in the ap3 plication.’’. 

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

5 as amended by this Act, is further amended— 

6 (A) in subparagraph (B), by striking ‘‘; 

7 and’’ and inserting a semicolon; 

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

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

10 and 

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

12 subparagraph: 

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

14 the applicant that is potentially exculpatory re15 garding the requested legal findings or any as16 sessment in the application.’’. 

17 (5) TITLE VII.— 

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

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

20 amended— 

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

22 and’’ and inserting a semicolon; 

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

24 the period at the end and inserting ‘‘; 

25 and’’; and 


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1 (iii) by adding at the end the fol2 lowing new subparagraph: 

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

4 the applicant or declarant that is potentially ex5 culpatory regarding the requested legal findings 

6 or any assessment in the application.’’. 

7 (B) SECTION 704.—Subsection (b) of sec8 tion 704, as amended by this Act, is further 

9 amended— 

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

11 and’’ and inserting a semicolon; 

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

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

14 and 

15 (iii) by adding at the end the fol16 lowing new paragraph: 

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

18 applicant or declarant that is potentially exculpatory 

19 regarding the requested legal findings or any assess20 ment in the application.’’. 

21 (6) APPLICABILITY.—The amendments made 

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

24 after the date of enactment of this Act. 


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1 SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN2 VESTIGATION AND QUARTERLY REPORT TO 

3 CONGRESS. 

4 (a) REVOCATION OF STATUTORY REPORTING EX5 EMPTION AND ADDITIONAL REPORTING REQUIREMENT

6 FOR FEDERAL BUREAU OF INVESTIGATION.— 

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

8 this Act, is further amended— 

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

10 ‘‘(or combined unminimized contents and non11 contents information)’’ after ‘‘unminimized con12 tents’’; 

13 (B) in subsection (d), by amending para14 graph (2) to read as follows: 

15 ‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL

16 ADDRESS AND TELEPHONE NUMBERS.—Paragraph 

17 (3)(B) of subsection (b) shall not apply to orders re18 sulting in the acquisition of information by the Fed19 eral Bureau of Investigation that does not include 

20 electronic mail addresses or telephone numbers.’’; 

21 and 

22 (C) by inserting the following new sub23 section: 

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

25 DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 


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

2 Federal Bureau of Investigation shall annually sub3 mit to the Permanent Select Committee on Intel4 ligence and the Committee on the Judiciary of the 

5 House of Representatives and the Select Committee 

6 on Intelligence and the Committee on the Judiciary 

7 of the Senate a report that includes— 

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

9 queries by the Federal Bureau of Investigation 

10 of unminimized contents or noncontents ac11 quired pursuant to section 702(a); 

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

13 the Federal Bureau of Investigation’s batch job 

14 technology, or successor tool; 

15 ‘‘(C) the number of queries using the Fed16 eral Bureau of Investigation’s batch job tech17 nology, or successor tool, conducted by the Fed18 eral Bureau of Investigation against informa19 tion acquired pursuant to section 702(a) for 

20 which pre-approval was not obtained due to 

21 emergency circumstances; 

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

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1 tents acquired pursuant to section 702(a) solely 

2 to retrieve evidence of a crime; 

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

4 of United States person query terms used by 

5 the Federal Bureau of Investigation to conduct 

6 queries of unminimized contents or noncontents 

7 acquired pursuant to section 702(a) primarily 

8 to protect the United States person who is the 

9 subject of the query; and 

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

11 of United States person query terms used by 

12 the Federal Bureau of Investigation to conduct 

13 queries of unminimized contents or noncontents 

14 acquired pursuant to section 702(a) where the 

15 United States person who is the subject of the 

16 query is a target or subject of an investigation 

17 by the Federal Bureau of Investigation. 

18 ‘‘(2) PUBLIC AVAILABILITY.—Subject to declas19 sification review by the Attorney General and the 

20 Director of National Intelligence, each annual report 

21 submitted pursuant to paragraph (1) shall be avail22 able to the public during the first April following the 

23 calendar year covered by the report. 

24 ‘‘(3) QUARTERLY REPORT.—Beginning on the 

25 date that is not later than 1 year after the effective 


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1 date of this paragraph, the Director of the Federal 

2 Bureau of Investigation shall submit a quarterly re3 port to the congressional intelligence committees and 

4 to the Committees on the Judiciary of the House of 

5 Representatives and of the Senate that includes the 

6 number of U.S. person queries conducted during 

7 that quarter.’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall take effect on January 1, 

10 2025. 

11 SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BU12 REAU OF INVESTIGATION. 

13 (a) ANNUAL REPORTING ON DISCIPLINARY ACTIONS

14 BY FEDERAL BUREAU OF INVESTIGATION.—Section 603 

15 is amended— 

16 (1) by redesignating subsection (e) as sub17 section (g); and 

18 (2) by inserting the following new subsection: 

19 ‘‘(e) MANDATORY REPORTING BY DIRECTOR OF

20 FEDERAL BUREAU OF INVESTIGATION.—The Director of 

21 the Federal Bureau of Investigation shall annually submit 

22 to the Permanent Select Committee on Intelligence and 

23 the Committee on Judiciary of the House of Representa24 tives and the Select Committee on Intelligence and the 

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1 scribing the accountability actions taken by the Federal 

2 Bureau of Investigation in the preceding 12-month period 

3 for noncompliant querying of information acquired under 

4 section 702 and any such actions taken pursuant to sec5 tion 103(m), to include the number of ongoing personnel 

6 investigations, the outcome of any completed personnel in7 vestigations and any related adverse personnel actions 

8 taken.’’. 

9 (b) ACCOUNTABILITY MEASURES FOR EXECUTIVE

10 LEADERSHIP OF FEDERAL BUREAU OF INVESTIGA11 TION.— 

12 (1) MEASURES REQUIRED.—The Director of 

13 the Federal Bureau of Investigation shall ensure 

14 that, as soon as practicable following the date of en15 actment of this Act, there are in effect measures for 

16 holding the executive leadership of each covered 

17 component appropriately accountable for ensuring 

18 compliance with covered procedures by the personnel 

19 of the Federal Bureau of Investigation assigned to 

20 that covered component. Such measures shall in21 clude a requirement for an annual evaluation of the 

22 executive leadership of each such covered component 

23 with respect to ensuring such compliance during the 

24 preceding year. 

25 (2) BRIEFINGS REQUIRED.— 


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1 (A) BRIEFINGS.—Not later than December 

2 31 of each calendar year, the Federal Bureau 

3 of Investigation shall provide to the appropriate 

4 congressional committees a briefing on the im5 plementation of paragraph (1). 

6 (B) MATTERS.—Each briefing under sub7 paragraph (A) shall include, with respect to the 

8 period covered by the briefing, the following: 

9 (i) A description of specific measures 

10 under paragraph (1) that the Federal Bu11 reau of Investigation has implemented. 

12 (ii) A description of specific measures 

13 under such subsection that the Federal 

14 Bureau of Investigation has proposed to be 

15 implemented or modified, and the timeline 

16 for such proposed implementation or modi17 fication. 

18 (iii) A summary of compliance with 

19 covered procedures by the personnel of the 

20 Federal Bureau of Investigation, 

21 disaggregated by covered component, and a 

22 description of any adverse personnel ac23 tions taken against, or other actions taken 

24 to ensure the appropriate accountability of, 

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1 nents that underperformed with respect to 

2 ensuring such compliance. 

3 (3) DEFINITIONS.—In this subsection: 

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

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

10 Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1881) on the date of enactment of 

12 this Act; and 

13 (ii) the Committees on the Judiciary 

14 of the House of Representatives and the 

15 Senate. 

16 (B) COVERED COMPONENT.—The term 

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

18 Headquarters division, or other element of the 

19 Federal Bureau of Investigation with personnel 

20 who, for any period during which section 702 is 

21 in effect, have access to the unminimized con22 tents of communications obtained through ac23 quisitions authorized under section 702(a). 

24 (C) COVERED PROCEDURE.—The term 

25 ‘‘covered procedure’’— 


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1 (i) means any procedure governing the 

2 use of authorities under the Foreign Intel3 ligence Surveillance Act of 1978 (50 

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

5 (ii) includes querying procedures and 

6 minimization procedures adopted pursuant 

7 to such Act. 

8 (D) EXECUTIVE LEADERSHIP.—The term 

9 ‘‘executive leadership’’ includes— 

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

11 Federal Bureau of Investigation, an Assist12 ant Director in Charge or Special Agent in 

13 Charge of the field office; and 

14 (ii) with respect to a division of the 

15 Federal Bureau of Investigation Head16 quarters, an Assistant Director of the divi17 sion. 

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

19 (a) PENALTIES FOR UNAUTHORIZED DISCLOSURE OF

20 APPLICATION FOR ELECTRONIC SURVEILLANCE.— 

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

22 109 is amended— 

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

24 by striking ‘‘intentionally’’; 

25 (B) in paragraph (1)— 


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

2 ‘‘engages in’’; and 

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

4 semicolon; 

5 (C) in paragraph (2)— 

6 (i) by striking ‘‘disclose’’ and insert7 ing ‘‘intentionally discloses’’; and 

8 (ii) by striking the period at the end 

9 and inserting ‘‘; or’’; and 

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

11 paragraph: 

12 ‘‘(3) knowingly and willfully communicates, fur13 nishes, transmits, or otherwise makes available to an 

14 unauthorized person, or publishes, or uses in any 

15 manner prejudicial to the safety or interest of the 

16 United States or for the benefit of any foreign gov17 ernment to the detriment of the United States an 

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

19 electronic surveillance under this Act.’’. 

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

21 of such section is amended by striking ‘‘under sub22 section (a)’’ and inserting ‘‘under paragraph (1) or 

23 (2) of subsection (a)’’. 


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1 (b) INCREASED CRIMINAL PENALTIES FOR OFFENSE

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

3 to read as follows: 

4 ‘‘(c) PENALTY.—A person guilty of an offense in this 

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

6 more than 10 years, or both.’’. 

7 (c) CRIMINAL PENALTIES FOR UNAUTHORIZED DIS8 CLOSURE OF CERTAIN INCIDENTALLY COLLECTED

9 UNITED STATES PERSON INFORMATION.—Title VII is 

10 amended by inserting the following new section: 

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

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

13 under this section if that person knowingly and willfully 

14 communicates, furnishes, transmits, or otherwise makes 

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

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

17 United States or for the benefit of any foreign government 

18 to the detriment of the United States any classified infor19 mation that contains the contents of any communication 

20 acquired under this title to which a known United States 

21 person is a party. 

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

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

24 more than 8 years, or both. 


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

2 over an offense under this section if the person committing 

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

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

5 (d) SENTENCING ENHANCEMENT FOR FALSE DEC6 LARATIONS BEFORE FOREIGN INTELLIGENCE SURVEIL7 LANCE COURT.—Subsection (a) of section 1623 of title 

8 18, United States Code, is amended by inserting before 

9 ‘‘, or both’’ the following: ‘‘or, if such proceedings are be10 fore or ancillary to the Foreign Intelligence Surveillance 

11 Court or the Foreign Intelligence Surveillance Court of 

12 Review established by section 103 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1803), impris14 oned not more than ten years’’. 

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

16 (a) CONTEMPTS CONSTITUTING CRIMES.—Section 

17 402 of title 18, United States Code, is amended by insert18 ing after ‘‘any district court of the United States’’ the fol19 lowing: ‘‘, including the Foreign Intelligence Surveillance 

20 Court or the Foreign Intelligence Surveillance Court of 

21 Review established by section 103 of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 

23 (b) ANNUAL REPORTING ON CONTEMPT.—Sub24 section (a)(1) of section 603 is amended— 


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

2 and inserting a semicolon; 

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

4 and inserting ‘‘; and’’; and 

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

6 ‘‘(G) the number of times the Foreign In7 telligence Surveillance Court and the Foreign 

8 Intelligence Surveillance Court of Review exer9 cised authority under chapter 21 of title 18, 

10 United States Code and a description of each 

11 use of such authority.’’. 

12 SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

13 (a) INCREASED PENALTIES.—Subsection (a) of sec14 tion 110 is amended to read as follows: 

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

16 damages equal to the greater of— 

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

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

19 violation; or 

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

21 $100 per day for each day of violation;’’. 

22 (b) REPORTING REQUIREMENT.—Title I of the For23 eign Intelligence Surveillance Act of 1978 is amended by 

24 inserting after section 110 the following: 


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1 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC2 TIONS. 

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

4 a person has violated this Act in a civil action under sec5 tion 110, the head of the agency that employs that person 

6 shall report to Congress on the administrative action 

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

8 any other provision of law. 

9 ‘‘(b) REPORT TO FOREIGN INTELLIGENCE SURVEIL10 LANCE COURT.—If a court finds that a person has vio11 lated this Act in a civil action under section 110, the head 

12 of the agency that employs that person shall report the 

13 name of such person to the Foreign Intelligence Surveil14 lance Court. The Foreign Intelligence Surveillance Court 

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

16 a report under this subsection.’’. 

17 SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RE18 LATING TO QUERIES CONDUCTED BY THE 

19 FEDERAL BUREAU OF INVESTIGATION. 

20 (a) REQUIREMENT FOR ADOPTION OF CERTAIN MIN21 IMUM ACCOUNTABILITY STANDARDS.— 

22 (1) MINIMUM ACCOUNTABILITY STANDARDS.— 

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

24 Act, is further amended by inserting after paragraph 

25 (3) the following new paragraph: 


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1 ‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.— 

2 The Director of the Federal Bureau of Investigation 

3 shall issue minimum accountability standards that 

4 set forth escalating consequences for noncompliant 

5 querying of United States person terms within the 

6 contents of communications that were acquired 

7 under this section. Such standards shall include, at 

8 minimum, the following: 

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

10 ‘‘(B) Escalating consequences for uninten11 tional noncompliance, including the threshold 

12 for mandatory revocation of access to query in13 formation acquired under this section. 

14 ‘‘(C) Consequences for supervisors who 

15 oversee users that engage in noncompliant que16 ries.’’. 

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

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

19 of the Federal Bureau of Investigation shall issue 

20 the minimum accountability standards required 

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

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

23 1881a). 

24 (3) REPORTS.— 


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1 (A) SUBMISSION OF STANDARDS.—Not 

2 later than 90 days after the date of the enact3 ment of this Act, the Director of the Federal 

4 Bureau of Investigation shall submit to the ap5 propriate congressional committees the min6 imum accountability standards issued under 

7 paragraph (1). 

8 (B) ANNUAL REPORT ON IMPLEMENTA9 TION.—Not later than December 1, 2024, and 

10 annually thereafter for 3 years, the Director of 

11 the Federal Bureau of Investigation shall sub12 mit to the appropriate congressional committees 

13 a report detailing each adverse personnel action 

14 taken pursuant to the minimum accountability 

15 standards and a description of the conduct that 

16 led to each such action. 

17 (4) DEFINITION OF APPROPRIATE CONGRES18 SIONAL COMMITTEES.—In this section, the term 

19 ‘‘appropriate congressional committees’’ means— 

20 (A) the congressional intelligence commit21 tees, as such term is defined in subsection (b) 

22 of section 701 of the Foreign Intelligence Sur23 veillance Act of 1978 (50 U.S.C. 1881); and 


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1 (B) the Committees on the Judiciary of 

2 the House of Representatives and of the Sen3 ate. 

4 SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS 

5 FOR MISCONDUCT BEFORE FOREIGN INTEL6 LIGENCE SURVEILLANCE COURT. 

7 (a) REMOVAL OR SUSPENSION OF FEDERAL OFFI8 CERS FOR MISCONDUCT BEFORE FOREIGN INTEL9 LIGENCE SURVEILLANCE COURT.—Section 103, as 

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

11 end the following new subsection: 

12 ‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFI13 CERS FOR MISCONDUCT BEFORE COURTS.—An officer or 

14 employee of the United States Government who engages 

15 in intentional misconduct with respect to proceedings be16 fore the Foreign Intelligence Surveillance Court or the 

17 Foreign Intelligence Surveillance Court of Review shall be 

18 subject to appropriate adverse actions, including, at min19 imum, suspension without pay or removal, up to and in20 cluding termination.’’. 

21 SEC. 18. REPORTS AND OTHER MATTERS. 

22 (a) NOTIFICATION TO CONGRESS OF CERTAIN UNAU23 THORIZED DISCLOSURES.—If the Director of National In24 telligence becomes aware of an actual or potential signifi25 cant unauthorized disclosure or compromise of informaVerDate Sep 11 2014 02:22 Apr 16, 2024 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H7888.PCS H7888

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1 tion acquired under section 702 of the Foreign Intelligence 

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

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

4 which the Director becomes so aware, the Director shall 

5 notify the congressional intelligence committees of such 

6 actual or potential disclosure or compromise. 

7 (b) REPORT ON TECHNOLOGY NEEDED FOR NEAR8 REAL TIME MONITORING OF FEDERAL BUREAU OF IN9 VESTIGATION COMPLIANCE.— 

10 (1) STUDY REQUIRED.—The Director of Na11 tional Intelligence, in coordination with the National 

12 Security Agency and in consultation with the Fed13 eral Bureau of Investigation, shall conduct a study 

14 on technological enhancements that would enable the 

15 Federal Bureau of Investigation to conduct near-real 

16 time monitoring of compliance in any system of the 

17 Federal Bureau of Investigation that stores informa18 tion acquired under section 702. Such study shall 

19 consider the potential cost and assess the feasibility 

20 of implementation within a period of one year of 

21 each technological enhancement under consideration. 

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

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

24 National Intelligence shall submit the results of the 

25 study to the appropriate congressional committees. 


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

2 ‘‘appropriate congressional committees’’ means— 

3 (A) the congressional intelligence commit4 tees, as such term is defined in subsection (b) 

5 of section 701 of the Foreign Intelligence Sur6 veillance Act of 1978 (50 U.S.C. 1881); and 

7 (B) the Committees on the Judiciary of 

8 the House of Representatives and the Senate. 

9 (c) FISA REFORM COMMISSION.— 

10 (1) ESTABLISHMENT.— 

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

12 commission to consider ongoing reforms to the 

13 Foreign Intelligence Surveillance Act of 1978 

14 (50 U.S.C. 1801 et seq.). 

15 (B) DESIGNATION.—The commission es16 tablished under subparagraph (A) shall be 

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

18 this section the ‘‘Commission’’). 

19 (2) MEMBERSHIP.— 

20 (A) COMPOSITION.— 

21 (i) IN GENERAL.—Subject to clause 

22 (ii), the Commission shall be composed of 

23 the following members: 

24 (I) The Principal Deputy Direc25 tor of National Intelligence. 


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1 (II) The Deputy Attorney Gen2 eral. 

3 (III) The Deputy Secretary of 

4 Defense. 

5 (IV) The Deputy Secretary of 

6 State. 

7 (V) The Chair of the Privacy and 

8 Civil Liberties Oversight Board. 

9 (VI) Three members appointed 

10 by the majority leader of the Senate, 

11 in consultation with the Chairman of 

12 the Select Committee on Intelligence 

13 of the Senate and the Chairman of 

14 the Committee on the Judiciary of the 

15 Senate, 1 of whom shall be a member 

16 of the Senate and 2 of whom shall not 

17 be. 

18 (VII) Three members appointed 

19 by the minority leader of the Senate, 

20 in consultation with the Vice Chair21 man of the Select Committee on Intel22 ligence of the Senate and the Ranking 

23 Member of the Committee on the Ju24 diciary of the Senate, 1 of whom shall 


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1 be a member of the Senate and 2 of 

2 whom shall not be. 

3 (VIII) Three members appointed 

4 by the Speaker of the House of Rep5 resentatives, in consultation with the 

6 Chairman of the Permanent Select 

7 Committee on Intelligence of the 

8 House of Representatives and the 

9 Chairman of the Committee on the 

10 Judiciary of the House of Representa11 tives, 1 of whom shall be a member of 

12 the House of Representatives and 2 of 

13 whom shall not be. 

14 (IX) Three members appointed 

15 by the minority leader of the House of 

16 Representatives, in consultation with 

17 the Ranking Member of the Perma18 nent Select Committee on Intelligence 

19 of the House of Representatives and 

20 the Ranking Member of the Com21 mittee on the Judiciary of the House 

22 of Representatives, 1 of whom shall be 

23 a member of the House of Represent24 atives and 2 of whom shall not be. 

25 (ii) NONMEMBERS OF CONGRESS.— 


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1 (I) QUALIFICATIONS.—The mem2 bers of the Commission who are not 

3 members of Congress and who are ap4 pointed under subclauses (VI) through 

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

6 who are nationally recognized for ex7 pertise, knowledge, or experience in— 

8 (aa) use of intelligence infor9 mation by the intelligence com10 munity (as defined in section 3 of 

11 the National Security Act of 

12 1947 (50 U.S.C. 3003)), national 

13 policymakers, and military lead14 ers; 

15 (bb) the implementation, 

16 funding, or oversight of the na17 tional security laws of the United 

18 States; 

19 (cc) privacy, civil liberties, 

20 and transparency; or 

21 (dd) laws and policies gov22 erning methods of electronic sur23 veillance. 

24 (II) CONFLICTS OF INTEREST.— 

25 An official who appoints members of 


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1 the Commission may not appoint an 

2 individual as a member of the Com3 mission if such individual possesses 

4 any personal or financial interest in 

5 the discharge of any of the duties of 

6 the Commission. 

7 (III) SECURITY CLEARANCES.— 

8 All members of the Commission de9 scribed in subclause (I) shall possess 

10 an appropriate security clearance in 

11 accordance with applicable provisions 

12 of law concerning the handling of 

13 classified information. 

14 (B) CO-CHAIRS.— 

15 (i) IN GENERAL.—The Commission 

16 shall have 2 co-chairs, selected from among 

17 the members of the Commission. 

18 (ii) AGREEMENT.—The individuals 

19 who serve as the co-chairs of the Commis20 sion shall be agreed upon by the members 

21 of the Commission. 

22 (3) APPOINTMENT; INITIAL MEETING.— 

23 (A) APPOINTMENT.—Members of the Com24 mission shall be appointed not later than 90 


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1 days after the date of the enactment of this 

2 Act. 

3 (B) INITIAL MEETING.—The Commission 

4 shall hold its initial meeting on or before the 

5 date that is 180 days after the date of the en6 actment of this Act. 

7 (4) MEETINGS; QUORUM; VACANCIES.— 

8 (A) IN GENERAL.—After its initial meet9 ing, the Commission shall meet upon the call of 

10 the co-chairs of the Commission. 

11 (B) QUORUM.—Nine members of the Com12 mission shall constitute a quorum for purposes 

13 of conducting business, except that 2 members 

14 of the Commission shall constitute a quorum 

15 for purposes of receiving testimony. 

16 (C) VACANCIES.—Any vacancy in the Com17 mission shall not affect its powers, but shall be 

18 filled in the same manner in which the original 

19 appointment was made. 

20 (D) QUORUM WITH VACANCIES.—If vacan21 cies in the Commission occur on any day after 

22 90 days after the date of the enactment of this 

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

24 members of the Commission as of such day. 


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

2 are as follows: 

3 (A) To review the effectiveness of the cur4 rent implementation of the Foreign Intelligence 

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

6 seq.). 

7 (B) To develop recommendations for legis8 lative action to reform the Foreign Intelligence 

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

10 seq.) that provide for the effective conduct of 

11 United States intelligence activities and the 

12 protection of privacy and civil liberties. 

13 (6) POWERS OF COMMISSION.— 

14 (A) IN GENERAL.— 

15 (i) HEARINGS.—The Commission or, 

16 on the authorization of the Commission, 

17 any subcommittee or member thereof, may, 

18 for the purpose of carrying out this sec19 tion— 

20 (I) hold such hearings and sit 

21 and act at such times and places, take 

22 such testimony, receive such evidence, 

23 and administer such oaths; and 

24 (II) require, by subpoena or oth25 erwise, the attendance and testimony 


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1 of such witnesses and the production 

2 of such books, records, correspond3 ence, memoranda, papers, and docu4 ments, as the Commission or such 

5 designated subcommittee or des6 ignated member considers necessary. 

7 (ii) ISSUANCE AND ENFORCEMENT OF

8 SUBPOENAS.— 

9 (I) ISSUANCE.—A subpoena 

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

11 (aa) bear the signature of 

12 the co-chairs of the Commission; 

13 and 

14 (bb) be served by a person 

15 or class of persons designated by 

16 the co-chairs for that purpose. 

17 (II) ENFORCEMENT.—The provi18 sions of sections 102 through 104 of 

19 the Revised Statutes of the United 

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

21 in the case of any failure of a witness 

22 to comply with any subpoena or to 

23 testify when summoned under author24 ity of this paragraph. 


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1 (B) INFORMATION FROM FEDERAL AGEN2 CIES.— 

3 (i) IN GENERAL.—The Commission 

4 may secure directly from any executive de5 partment, agency, bureau, board, commis6 sion, office, independent establishment, or 

7 instrumentality of the Federal Government 

8 information, suggestions, estimates, and 

9 statistics for the purposes of this section. 

10 (ii) FURNISHING INFORMATION.— 

11 Each such department, agency, bureau, 

12 board, commission, office, establishment, 

13 or instrumentality described in clause (i) 

14 shall, to the extent authorized by law, fur15 nish such information, suggestions, esti16 mates, and statistics directly to the Com17 mission, upon request of the co-chairs of 

18 the Commission. 

19 (iii) PROTECTION OF CLASSIFIED IN20 FORMATION.—The Commission shall han21 dle and protect all classified information 

22 provided to it under this section in accord23 ance with applicable provisions of law. 

24 (C) ASSISTANCE FROM FEDERAL AGEN25 CIES.— 


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1 (i) DIRECTOR OF NATIONAL INTEL2 LIGENCE.—The Director of National Intel3 ligence shall provide to the Commission, on 

4 a nonreimbursable basis, such administra5 tive services, funds, staff, facilities, and 

6 other support services as are necessary for 

7 the performance of the duties of the Com8 mission under this section. 

9 (ii) ATTORNEY GENERAL.—The Attor10 ney General may provide the Commission, 

11 on a nonreimbursable basis, with such ad12 ministrative services, staff, and other sup13 port services as the Commission may re14 quest. 

15 (iii) OTHER DEPARTMENTS AND

16 AGENCIES.—In addition to the assistance 

17 set forth in clauses (i) and (ii), other de18 partments and agencies of the United 

19 States may provide the Commission such 

20 services, funds, facilities, staff, and other 

21 support as such departments and agencies 

22 consider advisable and as may be author23 ized by law. 

24 (iv) COOPERATION.—The Commission 

25 shall receive the full and timely cooperation 


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1 of any official, department, or agency of 

2 the Federal Government whose assistance 

3 is necessary, as jointly determined by the 

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

5 for the fulfillment of the duties of the 

6 Commission, including the provision of full 

7 and current briefings and analyses. 

8 (D) POSTAL SERVICES.—The Commission 

9 may use the United States postal services in the 

10 same manner and under the same conditions as 

11 the departments and agencies of the Federal 

12 Governments. 

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

14 Commission may receive a gift or benefit by 

15 reason of the service of such member or staff 

16 to the Commission. 

17 (7) STAFF OF COMMISSION.— 

18 (A) APPOINTMENT AND COMPENSATION OF

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

20 accordance with rules agreed upon by the Com21 mission, shall appoint and fix the compensation 

22 of a staff director and such other personnel as 

23 may be necessary to enable the Commission to 

24 carry out its duties, without regard to the pro25 visions of title 5, United States Code, governing 


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1 appointments in the competitive service, and 

2 without regard to the provisions of chapter 51 

3 and subchapter III of chapter 53 of such title 

4 relating to classification and General Schedule 

5 pay rates, except that no rate of pay fixed 

6 under this subsection may exceed the equivalent 

7 of that payable to a person occupying a position 

8 at level V of the Executive Schedule under sec9 tion 5316 of such title. 

10 (B) DETAIL OF GOVERNMENT EMPLOY11 EES.—Any Federal Government employee may 

12 be detailed to the Commission without reim13 bursement from the Commission, and such 

14 detailee shall retain the rights, status, and 

15 privileges of his or her regular employment 

16 without interruption. 

17 (C) SECURITY CLEARANCES.—All staff of 

18 the Commission and all experts and consultants 

19 employed by the Commission shall possess a se20 curity clearance in accordance with applicable 

21 provisions of law concerning the handling of 

22 classified information. 

23 (8) COMPENSATION AND TRAVEL EXPENSES.— 

24 (A) COMPENSATION OF MEMBERS.— 


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1 (i) IN GENERAL.—Except as provided 

2 in subparagraph (B), each member of the 

3 Commission may be compensated at not to 

4 exceed the daily equivalent of the annual 

5 rate of basic pay in effect for a position at 

6 level IV of the Executive Schedule under 

7 section 5315 of title 5, United States 

8 Code, for each day during which that 

9 member is engaged in the actual perform10 ance of the duties of the Commission 

11 under this title. 

12 (ii) EXCEPTION.—Members of the 

13 Commission who are officers or employees 

14 of the United States or Members of Con15 gress shall receive no additional pay by 

16 reason of their service on the Commission. 

17 (B) TRAVEL EXPENSES.—While away from 

18 their homes or regular places of business in the 

19 performance of services for the Commission, a 

20 member of the Commission may be allowed 

21 travel expenses, including per diem in lieu of 

22 subsistence, in the same manner as persons em23 ployed intermittently in the Government service 

24 are allowed expenses under section 5703 of title 

25 5, United States Code. 


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1 (9) TREATMENT OF INFORMATION RELATING

2 TO NATIONAL SECURITY.— 

3 (A) IN GENERAL.—The Director of Na4 tional Intelligence shall assume responsibility 

5 for the handling and disposition of any informa6 tion related to the national security of the 

7 United States that is received, considered, or 

8 used by the Commission under this title. 

9 (B) INFORMATION PROVIDED BY CONGRES10 SIONAL INTELLIGENCE COMMITTEES.—Any in11 formation related to the national security of the 

12 United States that is provided to the Commis13 sion by a congressional intelligence committee 

14 may not be further provided or released without 

15 the approval of the chairman of such com16 mittee. 

17 (C) ACCESS AFTER TERMINATION OF COM18 MISSION.—Notwithstanding any other provision 

19 of law, after the termination of the Commission 

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

21 and designated staff of the congressional intel22 ligence committees, the Director of National In23 telligence (and the designees of the Director), 

24 and such other officials of the executive branch 

25 of the Federal Government as the President 


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1 may designate shall have access to information 

2 related to the national security of the United 

3 States that is received, considered, or used by 

4 the Commission. 

5 (10) FINAL REPORT; TERMINATION.— 

6 (A) FINAL REPORT.— 

7 (i) DEFINITIONS.—In this subpara8 graph: 

9 (I) APPROPRIATE COMMITTEES

10 OF CONGRESS.—The term ‘‘appro11 priate committees of Congress’’ 

12 means— 

13 (aa) the congressional intel14 ligence committees; 

15 (bb) the Committee on the 

16 Judiciary of the Senate; and 

17 (cc) the Committee on the 

18 Judiciary of the House of Rep19 resentatives. 

20 (II) CONGRESSIONAL LEADER21 SHIP.—The term ‘‘congressional lead22 ership’’ means— 

23 (aa) the majority leader of 

24 the Senate; 


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1 (bb) the minority leader of 

2 the Senate; 

3 (cc) the Speaker of the 

4 House of Representatives; and 

5 (dd) the minority leader of 

6 the House of Representatives. 

7 (ii) FINAL REPORT REQUIRED.—Not 

8 later than 5 years from the date of enact9 ment of this Act, the Commission shall 

10 submit to the appropriate committees of 

11 Congress, congressional leadership, the Di12 rector of National Intelligence, and the At13 torney General a final report on the find14 ings of the Commission. 

15 (iii) FORM OF FINAL REPORT.—The 

16 final report submitted pursuant to clause 

17 (ii) shall be in unclassified form but may 

18 include a classified annex. 

19 (iv) ASSESSMENTS OF FINAL RE20 PORT.—Not later than 1 year after receipt 

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

22 Director of National Intelligence and the 

23 Attorney General shall each submit to the 

24 appropriate committees of Congress and 


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1 congressional leadership an assessment of 

2 such report. 

3 (B) TERMINATION.— 

4 (i) IN GENERAL.—The Commission, 

5 and all the authorities of this section, shall 

6 terminate on the date that is 2 years after 

7 the date on which the final report is sub8 mitted under subparagraph (A)(ii). 

9 (ii) WIND-DOWN PERIOD.—The Com10 mission may use the 2-year period referred 

11 to in clause (i) for the purposes of con12 cluding its activities, including providing 

13 testimony to Congress concerning the final 

14 report referred to in that paragraph and 

15 disseminating the report. 

16 (11) INAPPLICABILITY OF CERTAIN ADMINIS17 TRATIVE PROVISIONS.— 

18 (A) FEDERAL ADVISORY COMMITTEE

19 ACT.—The provisions of the Federal Advisory 

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

21 to the activities of the Commission under this 

22 section. 

23 (B) FREEDOM OF INFORMATION ACT.— 

24 The provisions of section 552 of title 5, United 

25 States Code (commonly referred to as the 


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

2 to the activities, records, and proceedings of the 

3 Commission under this section. 

4 (12) FUNDING.— 

5 (A) AUTHORIZATION OF APPROPRIA6 TIONS.—There is authorized to be appropriated 

7 funds to the extent and in such amounts as spe8 cifically provided in advance in appropriations 

9 acts for the purposes detailed in this subsection. 

10 (B) AVAILABILITY IN GENERAL.—Subject 

11 to subparagraph (A), the Director of National 

12 Intelligence shall make available to the Commis13 sion such amounts as the Commission may re14 quire for purposes of the activities of the Com15 mission under this section. 

16 (C) DURATION OF AVAILABILITY.— 

17 Amounts made available to the Commission 

18 under subparagraph (B) shall remain available 

19 until expended or upon termination under para20 graph (10)(B), whichever occurs first. 

21 (13) CONGRESSIONAL INTELLIGENCE COMMIT22 TEES DEFINED.—In this subsection, the term ‘‘con23 gressional intelligence committees’’ means— 

24 (A) the Select Committee on Intelligence of 

25 the Senate; and 


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1 (B) the Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 (d) SEVERABILITY; APPLICABILITY DATE.— 

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

5 Act, any amendment made by this Act, or the appli6 cation thereof to any person or circumstances is held 

7 invalid, the validity of the remainder of the Act, of 

8 any such amendments, and of the application of 

9 such provisions to other persons and circumstances 

10 shall not be affected thereby. 

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

12 section 702 of the Foreign Intelligence Surveillance 

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

14 Act, shall apply with respect to certifications sub15 mitted under subsection (h) of such section to the 

16 Foreign Intelligence Surveillance Court after Janu17 ary 1, 2024. 

18 SEC. 19. EXTENSION OF CERTAIN AUTHORITIES. 

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

20 403(b) of the FISA Amendments Act of 2008 (Public Law 

21 110–261; 122 Stat. 2474) is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘April 19, 2024’’ and in24 serting ‘‘two years after the date of enactment 


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1 of the Reforming Intelligence and Securing 

2 America Act’’; and 

3 (B) by inserting ‘‘and the Reforming Intel4 ligence and Securing America Act’’ after ‘‘the 

5 FISA Amendments Reauthorization Act of 

6 2017’’; and 

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

8 subparagraph (A), by striking ‘‘April 19, 2024’’ and 

9 inserting ‘‘two years after the date of enactment of 

10 the Reforming Intelligence and Securing America 

11 Act’’. 

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

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

14 122 Stat. 2476), is amended— 

15 (1) in paragraph (1)— 

16 (A) in the heading, by striking ‘‘APRIL 19, 

17 2024’’ and inserting ‘‘TWO YEARS AFTER THE

18 DATE OF ENACTMENT OF THE REFORMING IN19 TELLIGENCE AND SECURING AMERICA ACT’’; 

20 and 

21 (B) by inserting ‘‘and the Reforming Intel22 ligence and Securing America Act’’ after ‘‘the 

23 FISA Amendments Reauthorization Act of 

24 2017’’; 


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1 (2) in paragraph (2), by inserting ‘‘and the Re2 forming Intelligence and Securing America Act’’ 

3 after ‘‘the FISA Amendments Reauthorization Act 

4 of 2017’’; and 

5 (3) in paragraph (4), by inserting ‘‘and the Re6 forming Intelligence and Securing America Act’’ 

7 after ‘‘the FISA Amendments Reauthorization Act 

8 of 2017’’ in each place it appears. 

9 SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

10 SURVEILLANCE ACT OF 1978. 

11 (a) REFERENCES TO FOREIGN INTELLIGENCE SUR12 VEILLANCE ACT OF 1978.—Except as otherwise expressly 

13 provided, whenever in this Act an amendment or repeal 

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

15 of, a section or other provision, the reference shall be con16 sidered to be made to a section or other provision of the 

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

18 1801 et seq.). 

19 (b) EFFECT OF CERTAIN AMENDMENTS ON CON20 FORMING CHANGES TO TABLES OF CONTENTS.—When an 

21 amendment made by this Act adds a section or larger or22 ganizational unit to the Foreign Intelligence Surveillance 

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

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

25 amends the designation or heading of a section or larger 


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1 organizational unit in such Act, that amendment also shall 

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

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

4 the amendment. 

5 SEC. 21. REQUIREMENT FOR RECERTIFICATION. 

6 Notwithstanding any orders or authorizations issued 

7 or made under section 702 of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1881a) during the 

9 period beginning on January 1, 2024 and ending on April 

10 30, 2024, no later than 90 days after the date of enact11 ment of this Act, the Attorney General and the Director 

12 of National Intelligence shall be required to seek new or13 ders consistent with the provisions of the Foreign Intel14 ligence Surveillance Act of 1978, as amended by this Act, 

15 and thereafter to issue new authorizations consistent with 

16 such new orders. 

17 SEC. 22. REPEAL OF AUTHORITY FOR THE RESUMPTION OF 

18 ABOUTS COLLECTION. 

19 (a) IN GENERAL.—Section 702(b)(5) of the Foreign 

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

21 1881a(b)(5)) is amended by striking ‘‘, except as provided 

22 under section 103(b) of the FISA Amendments Reauthor23 ization Act of 2017’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) FOREIGN INTELLIGENCE SURVEILLANCE

2 ACT OF 1978.—Section 702(m) of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 

4 1881a(m)) is amended— 

5 (A) in the subsection heading, by striking 

6 ‘‘REVIEWS, AND REPORTING’’ and inserting 

7 ‘‘AND REVIEWS’’; and 

8 (B) by striking paragraph (4). 

9 (2) FISA AMENDMENTS REAUTHORIZATION ACT

10 OF 2017.—Section 103 of the FISA Amendments Re11 authorization Act of 2017 (Public Law 115–118; 50 

12 U.S.C. 1881a note) is amended— 

13 (A) by striking subsection (b); and 

14 (B) by striking ‘‘(a) IN GENERAL.—’’. 

15 SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINI16 TION OF FOREIGN INTELLIGENCE. 

17 Section 101(e)(1) is amended— 

18 (1) in subparagraph (B), by striking ‘‘; or’’ and 

19 inserting a semicolon; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(D) international production, distribution, 

23 or financing of illicit synthetic drugs, opioids, 

24 cocaine, or other drugs driving overdose deaths, 

25 or precursors of any aforementioned; or’’. 


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

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

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

4 paragraph: 

5 ‘‘(6) VETTING OF NON-UNITED STATES PER6 SONS.—For any procedures for one or more agencies 

7 adopted under paragraph (1)(A), the Attorney Gen8 eral, in consultation with the Director of National 

9 Intelligence, shall ensure that the procedures enable 

10 the vetting of all non-United States persons who are 

11 being processed for travel to the United States using 

12 terms that do not qualify as United States person 

13 query terms under this Act.’’. 

14 SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION 

15 SERVICE PROVIDER. 

16 (a) Section 701(b)(4) is amended— 

17 (1) by redesignating subparagraph (E) as sub18 paragraph (F); 

19 (2) in subparagraph (D), by striking ‘‘; or’’ and 

20 inserting a semicolon; 

21 (3) by inserting after subparagraph (D) the fol22 lowing new subparagraph: 

23 ‘‘(E) any other service provider who has 

24 access to equipment that is being or may be 

25 used to transmit or store wire or electronic 


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1 communications, but not including any entity 

2 that serves primarily as— 

3 ‘‘(i) a public accommodation facility, 

4 as that term is defined in section 501(4); 

5 ‘‘(ii) a dwelling, as that term is de6 fined in section 802 of the Fair Housing 

7 Act (42 U.S.C. 3602); 

8 ‘‘(iii) a community facility, as that 

9 term is defined in section 315 of the De10 fense Housing and Community Facilities 

11 and Services Act of 1951 (42 U.S.C. 

12 1592n); or 

13 ‘‘(iv) a food service establishment, as 

14 that term is defined in section 281 of the 

15 Agricultural Marketing Act of 1946 (7 

16 U.S.C. 1638); or’’; 

17 (4) in subparagraph (F), as redesignated— 

18 (A) by inserting ‘‘custodian,’’ after ‘‘em19 ployee,’’; 

20 (B) by striking ‘‘or’’ before ‘‘(D)’’; and 

21 (C) by inserting ‘‘, or (E)’’ after ‘‘(D)’’. 

22 (b) Paragraph (6) of section 801 of the Foreign Intel23 ligence Surveillance Act of 1978 is amended— 

24 (1) by redesignating subparagraphs (E) and 

25 (F) as subparagraphs (F) and (G), respectively; 


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1 (2) in subparagraph (F), as redesignated, by 

2 striking ‘‘; or’’ and inserting a semicolon; 

3 (3) by inserting after subparagraph (D) the fol4 lowing new subparagraph: 

5 ‘‘(E) any other service provider who has 

6 access to equipment that is being or may be 

7 used to transmit or store wire or electronic 

8 communications, but not including any entity 

9 that serves primarily as— 

10 ‘‘(i) a public accommodation facility, 

11 as that term is defined in section 501(4); 

12 ‘‘(ii) a dwelling, as that term is de13 fined in section 802 of the Fair Housing 

14 Act (42 U.S.C. 3602); 

15 ‘‘(iii) a community facility, as that 

16 term is defined in section 315 of the De17 fense Housing and Community Facilities 

18 and Services Act of 1951 (42 U.S.C. 

19 1592n); or 

20 ‘‘(iv) a food service establishment, as 

21 that term is defined in section 281 of the 

22 Agricultural Marketing Act of 1946 (7 

23 U.S.C. 1638);’’; and 

24 (4) in subparagraph (G), as redesignated— 


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1 (A) by inserting ‘‘custodian,’’ after ‘‘em2 ployee,’’; 

3 (B) by striking ‘‘or’’ before ‘‘(E)’’; and 

4 (C) by inserting ‘‘, or (F)’’ after ‘‘(E)’’. 

Passed the House of Representatives April 12, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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Calendar No. 365 

118TH CONGRESS 

2D SESSION H. R. 7888 

AN ACT 

To reform the Foreign Intelligence Surveillance Act 

of 1978. 

APRIL 15, 2024 

Read the second time and placed on the calendar 


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