H. R. 7888 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty-four 

An Act 

To reform the Foreign Intelligence Surveillance Act of 1978. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

Securing America Act’’. 

SEC. 2. QUERY PROCEDURE REFORM. 

(a) STRICTLY LIMITING FEDERAL BUREAU OF INVESTIGATION PERSONNEL AUTHORIZING UNITED STATES PERSON QUERIES.—Subsection (f) of section 702 is amended— 

(1) by redesignating paragraph (3) as paragraph (5); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) RESTRICTIONS IMPOSED ON FEDERAL BUREAU OF INVESTIGATION.— 

‘‘(A) LIMITS ON AUTHORIZATIONS OF UNITED STATES PERSON QUERIES.— 

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

personnel must obtain prior approval from a Federal 

Bureau of Investigation supervisor (or employee of 

equivalent or greater rank) or attorney who is authorized to access unminimized contents or noncontents 

obtained through acquisitions authorized under subsection (a) for any query of such unminimized contents 

or noncontents made using a United States person 

query term. 

‘‘(ii) EXCEPTION.—A United States person query 

to be conducted by the Federal Bureau of Investigation 

of unminimized contents or noncontents obtained 

through acquisitions authorized under subsection (a) 

using a United States person query term may be conducted without obtaining prior approval as specified 

in clause (i) only if the person conducting the United 

States person query has a reasonable belief that conducting the query could assist in mitigating or eliminating a threat to life or serious bodily harm.’’. 

(b) PROHIBITION ON INVOLVEMENT OF POLITICAL APPOINTEES

IN PROCESS TO APPROVE FEDERAL BUREAU OF INVESTIGATION QUERIES.—Subparagraph (D) of section 702(f)(3), as added by subsection 

(d) of this section, is amended by inserting after clause (v) the 

following: 
H. R. 7888—2 

‘‘(vi) PROHIBITION ON POLITICAL APPOINTEES

WITHIN THE PROCESS TO APPROVE FEDERAL BUREAU

OF INVESTIGATION QUERIES.—The procedures shall 

prohibit any political personnel, such as those 

classified by the Office of Personnel Management 

as Presidential Appointment with Senate Confirmation, Presidential Appointment (without 

Senate Confirmation), Noncareer Senior Executive 

Service Appointment, or Schedule C Excepted 

Appointment, from inclusion in the Federal Bureau 

of Investigation’s prior approval process under 

clause (ii).’’. 

(c) MANDATORY AUDITS OF UNITED STATES PERSON QUERIES

CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION.— 

(1) AUDITS REQUIRED.—For each query identified by the 

Federal Bureau of Investigation as a United States person 

query against information acquired pursuant to subsection (a) 

of section 702 of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1881a) conducted by the Federal Bureau of 

Investigation, not later than 180 days after the conduct of 

such query, the Department of Justice shall conduct an audit 

of such query. 

(2) APPLICABILITY.—The requirement under paragraph (1) 

shall apply with respect to queries conducted on or after the 

date of the enactment of this Act. 

(3) SUNSET.—This section shall terminate on the earlier 

of the following: 

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

enactment of this Act. 

(B) The date on which the Attorney General submits 

to the appropriate congressional committees a certification 

that the Federal Bureau of Investigation has implemented 

a process for the internal audit of all queries referred 

to in paragraph (1). 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this section, the term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional intelligence committees, as such 

term is defined in subsection (b) of section 701 of the 

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

1881); and 

(B) the Committees on the Judiciary of the House 

of Representatives and of the Senate. 

(d) RESTRICTIONS RELATING TO CONDUCT OF CERTAIN QUERIES

BY FEDERAL BUREAU OF INVESTIGATION.—Paragraph (3) of section 

702(f), as added by subsection (a)(2) of this section, is amended 

by adding after subparagraph (C), as added by subsection (f) of 

this section, the following: 

‘‘(D) QUERYING PROCEDURES APPLICABLE TO FEDERAL

BUREAU OF INVESTIGATION.—For any procedures adopted 

under paragraph (1) applicable to the Federal Bureau of 

Investigation, the Attorney General, in consultation with 

the Director of National Intelligence, shall include the following requirements: 

‘‘(i) TRAINING.—A requirement that, prior to conducting any query, personnel of the Federal Bureau 
H. R. 7888—3 

of Investigation successfully complete training on the 

querying procedures on an annual basis. 

‘‘(ii) ADDITIONAL PRIOR APPROVALS FOR SENSITIVE

QUERIES.—A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive 

approval, at minimum, as follows: 

‘‘(I) Approval from the Deputy Director of the 

Federal Bureau of Investigation if the query uses 

a query term reasonably believed to identify a 

United States elected official, an appointee of the 

President or a State governor, a United States 

political candidate, a United States political 

organization or a United States person prominent 

in such organization, or a United States media 

organization or a United States person who is 

a member of such organization. 

‘‘(II) Approval from an attorney of the Federal 

Bureau of Investigation if the query uses a query 

term reasonably believed to identify a United 

States religious organization or a United States 

person who is prominent in such organization. 

‘‘(III) Approval from an attorney of the Federal 

Bureau of Investigation if such conduct involves 

batch job technology (or successor tool). 

‘‘(iii) PRIOR WRITTEN JUSTIFICATION.—A requirement that, prior to conducting a query using a United 

States person query term, personnel of the Federal 

Bureau of Investigation provide a written statement 

of the specific factual basis to support the reasonable 

belief that such query meets the standards required 

by the procedures adopted under paragraph (1). For 

each United States person query, the Federal Bureau 

of Investigation shall keep a record of the query term, 

the date of the conduct of the query, the identifier 

of the personnel conducting the query, and such written 

statement. 

‘‘(iv) STORAGE OF CERTAIN CONTENTS AND NONCONTENTS.—Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under 

subsection (a) together with contents or noncontents 

obtained through other lawful means shall be configured in a manner that— 

‘‘(I) requires personnel of the Federal Bureau 

of Investigation to affirmatively elect to include 

such unminimized contents or noncontents 

obtained through acquisitions authorized under 

subsection (a) when running a query; or 

‘‘(II) includes other controls reasonably 

expected to prevent inadvertent queries of such 

unminimized contents or noncontents. 

‘‘(v) WAIVER AUTHORITY FOR FOREIGN INTELLIGENCE

SURVEILLANCE COURT.—If the Foreign Intelligence 

Surveillance Court finds that the procedures adopted 

under paragraph (1) include measures that are reasonably expected to result in similar compliance outcomes 
H. R. 7888—4 

as the measures specified in clauses (i) through (iv) 

of this subparagraph, the Foreign Intelligence Surveillance Court may waive one or more of the requirements 

specified in such clauses.’’. 

(e) NOTIFICATION FOR CERTAIN QUERIES CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION.—Paragraph (3) of section 702(f), 

as added by subsection (a) of this section, is amended by adding 

at the end the following: 

‘‘(B) NOTIFICATION REQUIREMENT FOR CERTAIN FBI QUERIES.— 

‘‘(i) REQUIREMENT.—The Director of the Federal 

Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted 

by the Federal Bureau of Investigation using a query 

term that is reasonably believed to be the name or 

other personally identifying information of a member 

of Congress, and shall also notify the member who 

is the subject of such query. 

‘‘(ii) APPROPRIATE CONGRESSIONAL LEADERSHIP

DEFINED.—In this subparagraph, the term ‘appropriate 

congressional leadership’ means the following: 

‘‘(I) The chairs and ranking minority members 

of the congressional intelligence committees. 

‘‘(II) The Speaker and minority leader of the 

House of Representatives. 

‘‘(III) The majority and minority leaders of 

the Senate. 

‘‘(iii) NATIONAL SECURITY CONSIDERATIONS.—In 

submitting a notification under clause (i), the Director 

shall give due regard to the protection of classified 

information, sources and methods, and national security. 

‘‘(iv) WAIVER.— 

‘‘(I) IN GENERAL.—The Director may waive a 

notification required under clause (i) if the Director 

determines such notification would impede an 

ongoing national security or law enforcement 

investigation. 

‘‘(II) TERMINATION.—A waiver under subclause 

(I) shall terminate on the date the Director determines the relevant notification would not impede 

the relevant national security or law enforcement 

investigation or on the date that such investigation 

ends, whichever is earlier.’’. 

(f) REQUIREMENT FOR CONGRESSIONAL CONSENT PRIOR TO CER- TAIN FEDERAL BUREAU OF INVESTIGATION QUERIES FOR PURPOSE

OF DEFENSIVE BRIEFINGS.—Paragraph (3) of section 702(f), as added 

by subsection (a) of this section, is amended by adding after 

subparagraph (B), as added by subsection (e) of this section, the 

following: 

‘‘(C) CONSENT REQUIRED FOR FBI TO CONDUCT CERTAIN

QUERIES FOR PURPOSE OF DEFENSIVE BRIEFING.— ‘‘(i) CONSENT REQUIRED.—The Federal Bureau of 

Investigation may not, for the exclusive purpose of 

supplementing the contents of a briefing on the defense 

against a counterintelligence threat to a member of 

Congress, conduct a query using a query term that 
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is the name or restricted personal information (as such 

term is defined in section 119 of title 18, United States 

Code) of that member unless— 

‘‘(I) the member provides consent to the use 

of the query term; or 

‘‘(II) the Deputy Director of the Federal 

Bureau of Investigation determines that exigent 

circumstances exist sufficient to justify the conduct 

of such query. 

‘‘(ii) NOTIFICATION.— 

‘‘(I) NOTIFICATION OF CONSENT SOUGHT.—Not 

later than three business days after submitting 

a request for consent from a member of Congress 

under clause (i), the Director of the Federal Bureau 

of Investigation shall notify the appropriate 

congressional leadership, regardless of whether the 

member provided such consent. 

‘‘(II) NOTIFICATION OF EXCEPTION USED.—Not 

later than three business days after the conduct 

of a query under clause (i) without consent on 

the basis of the existence of exigent circumstances 

determined under subclause (II) of such clause, 

the Director of the Federal Bureau of Investigation 

shall notify the appropriate congressional leadership. 

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this 

subparagraph may be construed as— 

‘‘(I) applying to matters outside of the scope 

of the briefing on the defense against a counterintelligence threat to be provided or supplemented 

under clause (i); or 

‘‘(II) limiting the lawful investigative activities 

of the Federal Bureau of Investigation other than 

supplementing the contents of a briefing on the 

defense against a counterintelligence threat to a 

member of Congress. 

‘‘(iv) APPROPRIATE CONGRESSIONAL LEADERSHIP

DEFINED.—In this subparagraph, the term ‘appropriate 

congressional leadership’ means the following: 

‘‘(I) The chairs and ranking minority members 

of the congressional intelligence committees. 

‘‘(II) The Speaker and minority leader of the 

House of Representatives. 

‘‘(III) The majority and minority leaders of 

the Senate.’’. 

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

(a) REVOKING FEDERAL BUREAU OF INVESTIGATION AUTHORITY

TO CONDUCT QUERIES UNRELATED TO NATIONAL SECURITY.—Subsection (f)(2) of section 702 is amended to read as follows: 

‘‘(2) PROHIBITION ON CONDUCT OF QUERIES THAT ARE SOLELY

DESIGNED TO FIND AND EXTRACT EVIDENCE OF A CRIME.— 

‘‘(A) LIMITS ON AUTHORIZATIONS OF UNITED STATES PERSON QUERIES.—The querying procedures adopted pursuant 

to paragraph (1) for the Federal Bureau of Investigation 
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shall prohibit queries of information acquired under subsection (a) that are solely designed to find and extract 

evidence of criminal activity. 

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

(A) shall not apply with respect to a query if— 

‘‘(i) there is a reasonable belief that such query 

may retrieve information that could assist in mitigating or eliminating a threat to life or serious bodily 

harm; or 

‘‘(ii) such query is necessary to identify information 

that must be produced or preserved in connection with 

a litigation matter or to fulfill discovery obligations 

in criminal matters under the laws of the United States 

or any State thereof.’’. 

(b) RESTRICTION ON CERTAIN INFORMATION AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.—Section 702 is amended by 

adding at the end the following new subsection: 

‘‘(n) RESTRICTION ON CERTAIN INFORMATION AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 

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

may not ingest unminimized information acquired under this 

section into its analytic repositories unless the targeted person 

is relevant to an existing, open, predicated full national security 

investigation by the Federal Bureau of Investigation. 

‘‘(2) EXCEPTION FOR EXIGENT CIRCUMSTANCES.—Paragraph 

(1) does not apply if the Director of the Federal Bureau of 

Investigation decides it is necessary due to exigent circumstances and provides notification within three business days 

to the congressional intelligence committees, the Speaker and 

minority leader of the House of Representatives, and the 

majority and minority leaders of the Senate. 

‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER AGENCIES.— 

Paragraph (1) does not apply where the Federal Bureau of 

Investigation has agreed to provide technical, analytical, or 

linguistic assistance at the request of another Federal agency.’’. 

SEC. 4. TARGETING DECISIONS UNDER SECTION 702. 

(a) SENSE OF CONGRESS ON THE TARGETED COLLECTION OF

UNITED STATES PERSON INFORMATION.—It is the sense of Congress 

that, as proscribed in section 702(b)(2), section 702 of the Foreign 

Intelligence Surveillance Act of 1978 has always prohibited, and 

continues to prohibit, the intelligence community from targeting 

a United States person for collection of foreign intelligence information. If the intelligence community intends to target a United States 

person for collection of foreign intelligence information under the 

Foreign Intelligence Surveillance Act of 1978, the Government must 

first obtain an individualized court order based upon a finding 

of probable cause that the United States person is a foreign power, 

an agent of a foreign power, or an officer or employee of a foreign 

power, in order to conduct surveillance targeting that United States 

person. 

(b) ANNUAL AUDIT OF TARGETING DECISIONS UNDER SECTION

702.— 

(1) MANDATORY REVIEW.—Not less frequently than 

annually, the Department of Justice National Security Division 

shall review each person targeted under section 702 of the 

Foreign Intelligence Surveillance Act of 1978 in the preceding 
H. R. 7888—7 

year to ensure that the purpose of each targeting decision 

is not to target a known United States person. The results 

of this review shall be submitted to the Department of Justice 

Office of the Inspector General, the congressional intelligence 

committees, and the Committees on the Judiciary of the House 

of Representatives and of the Senate, subject to a declassification review. 

(2) INSPECTOR GENERAL AUDIT.—Not less frequently than 

annually, the Department of Justice Office of the Inspector 

General shall audit a sampling of the targeting decisions 

reviewed by the National Security Division under paragraph 

(1) and submit a report to the congressional intelligence 

committees and the Committees on the Judiciary of the House 

of Representatives and of the Senate. 

(3) CERTIFICATION.—Within 180 days of enactment of this 

Act, and annually thereafter, each agency authorized to target 

non-United States persons under section 702 shall certify to 

Congress that the purpose of each targeting decision made 

in the prior year was not to target a known United States 

person. 

(4) APPLICATION.—The requirements under this subsection 

apply for any year to the extent that section 702 of the Foreign 

Intelligence Surveillance Act of 1978 was in effect during any 

portion of the previous year. 

SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM. 

(a) REQUIREMENT FOR SAME JUDGE TO HEAR EXTENSION

APPLICATIONS.—Subsection (d) of section 105 is amended by adding 

at the end the following new paragraph: 

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

surveillance targeted against a United States person, to the 

extent practicable and absent exigent circumstances, shall be 

granted or denied by the same judge who issued the original 

order unless the term of such judge has expired or such judge 

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

(b) USE OF AMICI CURIAE IN FOREIGN INTELLIGENCE SURVEILLANCE COURT PROCEEDINGS.—Subsection (i) of section 103 is 

amended— 

(1) in paragraph (2)— 

(A) by redesignating subparagraphs (A) and (B) as 

clause (i) and (ii), respectively; 

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

the following subparagraph: 

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

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

(B) of this section— 

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

(I) by striking ‘‘appoint an individual who has’’ 

and inserting ‘‘appoint one or more individuals 

who have’’; and 

(II) by striking ‘‘; and’’ and inserting a semicolon; 

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

(I) by striking ‘‘appoint an individual or 

organization’’ and inserting ‘‘appoint one or more 

individuals or organizations’’; and 
H. R. 7888—8 

(II) by striking the period at the end and 

inserting ‘‘; and’’; and 

(iii) by adding at the end the following new clause: 

‘‘(iii) shall appoint one or more individuals who 

have been designated under paragraph (1) to serve 

as amicus curiae to assist such court in the consideration of any certification or procedures submitted for 

review pursuant to section 702, including any amendments to such certifications or procedures, if the court 

established under subsection (a) has not appointed an 

individual under clause (i) or (ii), unless the court 

issues a finding that such appointment is not appropriate or is likely to result in undue delay.’’; and 

(D) by adding at the end the following new subparagraphs: 

‘‘(B) EXPERTISE.—In appointing one or more individuals 

under subparagraph (A)(iii), the court shall, to the maximum extent practicable, appoint an individual who possesses expertise in both privacy and civil liberties and 

intelligence collection. 

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

one or more individuals or organizations pursuant to this 

paragraph to assist such court in a proceeding under section 702, notwithstanding subsection (j)(1)(B) of such section, the court shall issue an order pursuant to subsection 

(j)(3) of such section as expeditiously as possible consistent 

with subsection (k)(1) of such section, but in no event 

later than 60 days after the date on which such certification, procedures, or amendments are submitted for the 

court’s review, or later than 60 days after the court has 

issued an order appointing one or more individuals pursuant to this paragraph, whichever is earlier, unless a judge 

of that court issues an order finding that extraordinary 

circumstances necessitate additional time for review and 

that such extension of time is consistent with the national 

security.’’; and 

(2) in paragraph (4)— 

(A) by striking ‘‘paragraph (2)(A)’’ and inserting ‘‘paragraph (2)’’; 

(B) by striking ‘‘provide to the court, as appropriate’’; 

(C) by redesignating subparagraphs (A) through (C) 

as clauses (i) through (iii), respectively; 

(D) by inserting before clause (i) the following new 

subparagraphs: 

‘‘(A) be limited to addressing the specific issues identified by the court; and 

‘‘(B) provide to the court, as appropriate—’’; and 

(E) in subparagraph (B)(i), as redesignated, by 

inserting ‘‘of United States persons’’ after ‘‘civil liberties’’. 

(c) DESIGNATION OF COUNSEL TO SCRUTINIZE APPLICATIONS FOR

UNITED STATES PERSONS.—Section 103 is amended by adding at 

the end the following new subsection: 

‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN APPLICATIONS.— 

To assist the court in the consideration of any application for 

an order pursuant to section 104 that targets a United States 

person, the presiding judge designated under subsection (a) shall 

designate one or more attorneys to review such applications, and 
H. R. 7888—9 

provide a written analysis to the judge considering the application, 

of— 

‘‘(1) the sufficiency of the evidence used to make the probable cause determination under section 105(a)(2); 

‘‘(2) any material weaknesses, flaws, or other concerns in 

the application; and 

‘‘(3) a recommendation as to the following, which the judge 

shall consider during a proceeding on the application in which 

such attorney is present, as appropriate— 

‘‘(A) that the application should be approved, denied, 

or modified; 

‘‘(B) that the Government should supply additional 

information in connection with such application; or 

‘‘(C) that any requirements or conditions should be 

imposed on the Government for the approval of such 

application.’’. 

(d) MEMBER ACCESS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND FOREIGN INTELLIGENCE SURVEILLANCE COURT

OF REVIEW.—The chair and ranking minority member of each of 

the congressional intelligence committees, the chairs and ranking 

members of the Committees on the Judiciary of the House of Representatives and of the Senate, the Majority and Minority Leaders 

of the Senate, the Speaker of the House of Representatives, and 

the Minority Leader of the House of Representatives shall be entitled to attend any proceeding of the Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review. Each person entitled to attend a proceeding 

pursuant to this paragraph may designate not more than 2 staff 

members of such committee or office to attend on their behalf, 

pursuant to such procedures as the Attorney General, in consultation with the Director of National Intelligence may establish. 

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

(a) REQUIREMENT FOR SWORN STATEMENTS FOR FACTUAL ASSERTIONS.— 

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

by striking ‘‘a statement of’’ and inserting ‘‘a sworn statement 

of’’. 

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

by striking ‘‘a statement of’’ and inserting ‘‘a sworn statement 

of’’. 

(3) SECTION 703.—Subsection (b)(1)(C) of section 703 is 

amended by striking ‘‘a statement of’’ and inserting ‘‘a sworn 

statement of’’. 

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

amended by striking ‘‘a statement of’’ and inserting ‘‘a sworn 

statement of’’. 

(5) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(b) PROHIBITION ON USE OF POLITICALLY DERIVED INFORMATION

IN APPLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

(1) TITLE I.—Subsection (a)(6) of section 104 is amended— 
H. R. 7888—10 

(A) in subparagraph (D), by striking ‘‘; and’’ and 

inserting a semicolon; 

(B) in subparagraph (E)(ii), by striking the semicolon 

and inserting ‘‘; and’’; and 

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

new subparagraph: 

‘‘(F) that none of the information included in the statement described in paragraph (3) was solely produced by, 

derived from information produced by, or obtained using 

the funds of, a political organization (as such term is 

defined in section 527 of the Internal Revenue Code of 

1986), unless— 

‘‘(i) the political organization is clearly identified 

in the body of the statement described in paragraph 

(3); 

‘‘(ii) the information has been corroborated; and 

‘‘(iii) the investigative techniques used to corroborate the information are clearly identified in the body 

of the statement described in paragraph (3); and’’. 

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

(A) in subparagraph (D), by striking ‘‘; and’’ and 

inserting a semicolon; 

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

and inserting ‘‘; and’’; and 

(C) by inserting after subparagraph (E) the following 

new subparagraph: 

‘‘(F) that none of the information included in the statement described in paragraph (3) was solely produced by, 

derived from information produced by, or obtained using 

the funds of, a political organization (as such term is 

defined in section 527 of the Internal Revenue Code of 

1986), unless— 

‘‘(i) the political organization is clearly identified 

in the body of the statement described in paragraph 

(3); 

‘‘(ii) the information has been corroborated; and 

‘‘(iii) the investigative techniques used to corroborate the information are clearly identified in the body 

of the statement described in paragraph (3); and’’. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(c) PROHIBITION ON USE OF PRESS REPORTS IN APPLICATIONS

FOR CERTAIN ORDERS BY THE FOREIGN INTELLIGENCE SURVEILLANCE

COURT.— 

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

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

following new subparagraph: 

‘‘(G) that none of the information included in the statement described in paragraph (3) is attributable to or 

derived from the content of a media source unless the 

statement includes a clear identification of each author 

of that content, and where applicable, the publisher of 

that content, information to corroborate that which was 

derived from the media source, and an explanation of the 
H. R. 7888—11 

investigative techniques used to corroborate the information;’’. 

(2) TITLE III.—Subsection (a)(6) of section 303, as amended 

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

following new subparagraph: 

‘‘(G) that none of the information included in the statement described in paragraph (3) is attributable to or 

derived from the content of a media source unless the 

statement includes a clear identification of each author 

of that content, where applicable, the publisher of that 

content, information to corroborate that which was derived 

from the media source, and an explanation of the investigative techniques used to corroborate the information;’’. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(d) DESCRIPTION OF TECHNIQUES CARRIED OUT BEFORE

APPLICATION.— 

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

by this Act, is further amended— 

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

a semicolon; 

(B) in paragraph (9), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

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

person, a statement summarizing the investigative techniques 

carried out before making the application;’’. 

(2) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(e) REQUIREMENT FOR CERTAIN JUSTIFICATION PRIOR TO EXTEN- SION OF ORDERS.— 

(1) APPLICATIONS FOR EXTENSION OF ORDERS UNDER TITLE

I.—Subsection (a) of section 104, as amended by this Act, is 

further amended by adding at the end the following new paragraph: 

‘‘(11) in the case of an application for an extension of 

an order under this title for a surveillance targeted against 

a United States person, a summary statement of the foreign 

intelligence information obtained pursuant to the original order 

(and any preceding extension thereof) as of the date of the 

application for the extension, or a reasonable explanation of 

the failure to obtain such information; and’’. 

(2) APPLICATIONS FOR EXTENSION OF ORDERS UNDER TITLE

III.—Subsection (a) of section 303, as amended by this Act, 

is further amended— 

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

a semicolon; 

(B) in paragraph (8), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following new paragraph: 

‘‘(9) in the case of an application for an extension of an 

order under this title in which the target of the physical search 

is a United States person, a summary statement of the foreign 
H. R. 7888—12 

intelligence information obtained pursuant to the original order 

(and any preceding extension thereof) as of the date of the 

application for the extension, or a reasonable explanation of 

the failure to obtain such information; and’’. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(f) REQUIREMENT FOR JUSTIFICATION OF UNDERLYING CRIMINAL

OFFENSE IN CERTAIN APPLICATIONS.— 

(1) TITLE I.—Subsection (a)(3)(A) of section 104 is amended 

by inserting before the semicolon at the end the following: 

‘‘, and, in the case of a target that is a United States person 

alleged to be acting as an agent of a foreign power (as described 

in section 101(b)(2)(B)), that a violation of the criminal statutes 

of the United States as referred to in section 101(b)(2)(B) has 

occurred or is about to occur’’. 

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

amended by inserting before the semicolon at the end the 

following: ‘‘, and, in the case of a target that is a United 

States person alleged to be acting as an agent of a foreign 

power (as described in section 101(b)(2)(B)), that a violation 

of the criminal statutes of the United States as referred to 

in section 101(b)(2)(B) has occurred or is about to occur’’. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(g) MODIFICATION TO DURATION OF APPROVED PERIOD UNDER

CERTAIN ORDERS FOR NON-UNITED STATES PERSONS.— 

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

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘against a 

foreign power, as defined in section 101(a), (1), (2), 

or (3),’’ and inserting ‘‘against a foreign power’’; and 

(ii) in subparagraph (B), by striking ‘‘120 days’’ 

and inserting ‘‘one year’’; and 

(B) by striking paragraph (2); and 

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 

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

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘against a 

foreign power, as defined in paragraph (1), (2), or (3) 

of section 101(a),’’ and inserting ‘‘against a foreign 

power’’; and 

(ii) in subparagraph (B), by striking ‘‘120 days’’ 

and inserting ‘‘one year’’; and 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2). 

SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN 

DOCUMENTS. 

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

‘‘shall conduct a declassification review’’ the following: ‘‘, to be 

concluded as soon as practicable, but not later than 180 days 

after the commencement of such review,’’. 
H. R. 7888—13 

SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS. 

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

(1) by inserting ‘‘, and hearings shall be transcribed’’ before 

the first period; 

(2) by inserting ‘‘, transcriptions of hearings,’’ after ‘‘applications made’’; and 

(3) by adding at the end the following new sentence: ‘‘Transcriptions and any related records, including testimony and 

affidavits, shall be stored in a file associated with the relevant 

application or order.’’. 

(b) REQUIREMENT FOR NOTIFICATION TO CONGRESS OF CERTAIN

TRANSCRIPTS.—Subsection (c) of section 601 is amended— 

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

a semicolon; 

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

a semicolon; and 

(3) by adding at the end the following new paragraphs: 

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

before the Foreign Intelligence Surveillance Court or Foreign 

Intelligence Surveillance Court of Review for which a court 

reporter produces a transcript, not later than 45 days after 

the government receives the final transcript or the date on 

which the matter of the hearing, oral argument, or other proceeding is resolved, whichever is later, a notice of the existence 

of such transcript. Not later than three business days after 

a committee referred to in subsection (a) requests to review 

an existing transcript, the Attorney General shall facilitate 

such request; and 

‘‘(4) a copy of each declassified document that has undergone review under section 602.’’. 

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

(a) INSPECTOR GENERAL REPORT ON FEDERAL BUREAU OF INVESTIGATION QUERYING PRACTICES.— 

(1) REPORT.—Not later than 545 days after the date of 

enactment of this Act, the Inspector General of the Department 

of Justice shall submit to the appropriate congressional committees a report on the querying practices of the Federal Bureau 

of Investigation under section 702. 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include, at a minimum, the following: 

(A) An evaluation of compliance by personnel of the 

Federal Bureau of Investigation with the querying procedures adopted under section 702(f), with a particular focus 

on compliance by such personnel with the procedures governing queries using United States person query terms. 

(B) An analysis of each specific reform that, in the 

view of the Inspector General, is responsible for any identified improvement in the Federal Bureau of Investigation’s 

record of compliance with the querying procedures, 

including an identification of whether such reform was— 

(i) required by this Act or another Act of Congress; 

(ii) required by the Foreign Intelligence Surveillance Court or the Attorney General; or 

(iii) voluntarily adopted by the Director of the Federal Bureau of Investigation. 
H. R. 7888—14 

(C) An assessment of the status of the implementation 

by the Federal Bureau of Investigation of all reforms 

related to querying that are required by this Act. 

(D) An evaluation of the effectiveness of the Office 

of Internal Auditing of the Federal Bureau of Investigation 

with respect to monitoring and improving query compliance 

by personnel of the Federal Bureau of Investigation. 

(E) Recommendations to further improve compliance 

with querying procedures by personnel of the Federal 

Bureau of Investigation, particularly with respect to compliance with the procedures governing queries using United 

States person query terms. 

(F) Any other relevant matter the Inspector General 

determines appropriate. 

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form and may include a classified annex. 

(4) DEFINITIONS.—In this subsection: 

(A) IN GENERAL.—Except as provided in this subsection, 

terms used in this subsection have the meanings given 

such terms in the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1801 et seq.). 

(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ means— 

(i) the congressional intelligence committees, as 

such term is defined in subsection (b) of section 701 

of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1881); and 

(ii) the Committees on the Judiciary of the House 

of Representatives and the Senate. 

SEC. 10. ACCURACY AND COMPLETENESS OF APPLICATIONS. 

(a) REQUIREMENT FOR CERTIFICATIONS REGARDING ACCURACY

OF APPLICATIONS.— 

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

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

following new paragraph: 

‘‘(12) a certification by the applicant or declarant that, 

to the best knowledge of the applicant or declarant, the 

Attorney General or a designated attorney for the Government 

has been apprised of all information that might reasonably— 

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

or the reasonableness of any assessment in the application 

conducted by the department or agency on whose behalf 

the application is made; or 

‘‘(B) otherwise raise doubts with respect to the findings 

required under section 105(a).’’. 

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

by adding at the end the following: 

‘‘(10) a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated 

attorney for the Government has been apprised of all information that might reasonably— 

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

or the reasonableness of any assessment in the application 

conducted by the department or agency on whose behalf 

the application is made; or 
H. R. 7888—15 

‘‘(B) otherwise raise doubts with respect to the findings 

required under section 304(a).’’. 

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

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

a semicolon; 

(B) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(4) a certification by the Federal Officer seeking to use 

the pen register or trap and trace device covered by the application that, to the best knowledge of the Federal Officer, the 

Attorney General or a designated attorney for the Government 

has been apprised of all information that might reasonably— 

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

or the reasonableness of any assessment in the application 

conducted by the department or agency on whose behalf 

the application is made; or 

‘‘(B) otherwise raise doubts with respect to the findings 

required under subsection (d).’’. 

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

(A) in subparagraph (A), by striking ‘‘; and’’ and 

inserting a semicolon; 

(B) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

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

knowledge of the applicant, the application fairly reflects 

all information that might reasonably— 

‘‘(i) call into question the accuracy of the application or the reasonableness of any assessment in the 

application conducted by the department or agency 

on whose behalf the application is made; or 

‘‘(ii) otherwise raise doubts with respect to the 

findings required under subsection (c).’’. 

(5) TITLE VII.— 

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

amended— 

(i) in subparagraph (I), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in subparagraph (J), by striking the period 

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

(iii) by adding at the end the following new 

subparagraph: 

‘‘(K) a certification by the applicant that, to the best 

knowledge of the applicant, the Attorney General or a 

designated attorney for the Government has been apprised 

of all information that might reasonably— 

‘‘(i) call into question the accuracy of the application or the reasonableness of any assessment in the 

application conducted by the department or agency 

on whose behalf the application is made; or 

‘‘(ii) otherwise raise doubts with respect to the 

findings required under subsection (c).’’. 

(B) SECTION 704.—Subsection (b) of section 704 is 

amended— 
H. R. 7888—16 

(i) in paragraph (6), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in paragraph (7), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: 

‘‘(8) a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated 

attorney for the Government has been apprised of all information that might reasonably— 

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

or the reasonableness of any assessment in the application 

conducted by the department or agency on whose behalf 

the application is made; or 

‘‘(B) otherwise raise doubts with respect to the findings 

required under subsection (c).’’. 

(6) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

(7) ACCURACY PROCEDURES.—Not later than 180 days after 

the date of the enactment of this Act, the Attorney General, 

in consultation with the Director of the Federal Bureau of 

Investigation, shall issue procedures governing the review of 

case files, as appropriate, to ensure that applications to the 

Foreign Intelligence Surveillance Court under title I or III 

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

1801 et seq.) that target United States persons are accurate 

and complete. 

(b) DISCLOSURE OF EXCULPATORY INFORMATION.— 

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

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

following new paragraph: 

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

or declarant that is potentially exculpatory regarding the 

requested legal findings or any assessment in the application.’’. 

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

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

following: 

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

or declarant that is potentially exculpatory regarding the 

requested legal findings or any assessment in the application.’’. 

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

by this Act, is further amended— 

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

a semicolon; 

(B) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

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

officer seeking to use the pen register or trap and trace device 

covered by the application, that is potentially exculpatory 

regarding the requested legal findings or any assessment in 

the application.’’. 

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

by this Act, is further amended— 
H. R. 7888—17 

(A) in subparagraph (B), by striking ‘‘; and’’ and 

inserting a semicolon; 

(B) in subparagraph (E)(ii), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

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

applicant that is potentially exculpatory regarding the 

requested legal findings or any assessment in the application.’’. 

(5) TITLE VII.— 

(A) SECTION 703.—Subsection (b)(1) of section 703, as 

amended by this Act, is further amended— 

(i) in subparagraph (J), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in subparagraph (K), by striking the period 

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

(iii) by adding at the end the following new 

subparagraph: 

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

applicant or declarant that is potentially exculpatory 

regarding the requested legal findings or any assessment 

in the application.’’. 

(B) SECTION 704.—Subsection (b) of section 704, as 

amended by this Act, is further amended— 

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

inserting a semicolon; 

(ii) in paragraph (8), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: 

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

or declarant that is potentially exculpatory regarding the 

requested legal findings or any assessment in the application.’’. 

(6) APPLICABILITY.—The amendments made by this subsection shall apply with respect to applications made on or 

after the date that is 120 days after the date of enactment 

of this Act. 

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

(a) REVOCATION OF STATUTORY REPORTING EXEMPTION AND

ADDITIONAL REPORTING REQUIREMENT FOR FEDERAL BUREAU OF

INVESTIGATION.— 

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

is further amended— 

(A) in subsection (b)(2)(B) by inserting ‘‘(or combined 

unminimized contents and noncontents information)’’ after 

‘‘unminimized contents’’; 

(B) in subsection (d), by amending paragraph (2) to 

read as follows: 

‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL ADDRESS AND

TELEPHONE NUMBERS.—Paragraph (3)(B) of subsection (b) shall 

not apply to orders resulting in the acquisition of information 

by the Federal Bureau of Investigation that does not include 

electronic mail addresses or telephone numbers.’’; and 

(C) by inserting the following new subsection: 
H. R. 7888—18 

‘‘(f) MANDATORY REPORTING ON SECTION 702 BY DIRECTOR OF

FEDERAL BUREAU OF INVESTIGATION.— 

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

of Investigation shall annually submit to the Permanent Select 

Committee on Intelligence and the Committee on the Judiciary 

of the House of Representatives and the Select Committee 

on Intelligence and the Committee on the Judiciary of the 

Senate a report that includes— 

‘‘(A) the number of United States person queries by 

the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 702(a); 

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

Bureau of Investigation’s batch job technology, or successor 

tool; 

‘‘(C) the number of queries using the Federal Bureau 

of Investigation’s batch job technology, or successor tool, 

conducted by the Federal Bureau of Investigation against 

information acquired pursuant to section 702(a) for which 

pre-approval was not obtained due to emergency circumstances; 

‘‘(D) the number of United States person queries conducted by the Federal Bureau of Investigation of 

unminimized contents or noncontents acquired pursuant 

to section 702(a) solely to retrieve evidence of a crime; 

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

States person query terms used by the Federal Bureau 

of Investigation to conduct queries of unminimized contents 

or noncontents acquired pursuant to section 702(a) primarily to protect the United States person who is the 

subject of the query; and 

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

States person query terms used by the Federal Bureau 

of Investigation to conduct queries of unminimized contents 

or noncontents acquired pursuant to section 702(a) where 

the United States person who is the subject of the query 

is a target or subject of an investigation by the Federal 

Bureau of Investigation. 

‘‘(2) PUBLIC AVAILABILITY.—Subject to declassification 

review by the Attorney General and the Director of National 

Intelligence, each annual report submitted pursuant to paragraph (1) shall be available to the public during the first 

April following the calendar year covered by the report. 

‘‘(3) QUARTERLY REPORT.—Beginning on the date that is 

not later than 1 year after the effective date of this paragraph, 

the Director of the Federal Bureau of Investigation shall submit 

a quarterly report to the congressional intelligence committees 

and to the Committees on the Judiciary of the House of Representatives and of the Senate that includes the number of 

U.S. person queries conducted during that quarter.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on January 1, 2025. 

SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BUREAU OF 

INVESTIGATION. 

(a) ANNUAL REPORTING ON DISCIPLINARY ACTIONS BY FEDERAL

BUREAU OF INVESTIGATION.—Section 603 is amended— 

(1) by redesignating subsection (e) as subsection (g); and 
H. R. 7888—19 

(2) by inserting the following new subsection: 

‘‘(e) MANDATORY REPORTING BY DIRECTOR OF FEDERAL BUREAU

OF INVESTIGATION.—The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee 

on Intelligence and the Committee on Judiciary of the House of 

Representatives and the Select Committee on Intelligence and the 

Committee on the Judiciary of the Senate, a report describing 

the accountability actions taken by the Federal Bureau of Investigation in the preceding 12-month period for noncompliant querying 

of information acquired under section 702 and any such actions 

taken pursuant to section 103(m), to include the number of ongoing 

personnel investigations, the outcome of any completed personnel 

investigations and any related adverse personnel actions taken.’’. 

(b) ACCOUNTABILITY MEASURES FOR EXECUTIVE LEADERSHIP OF

FEDERAL BUREAU OF INVESTIGATION.— 

(1) MEASURES REQUIRED.—The Director of the Federal 

Bureau of Investigation shall ensure that, as soon as practicable 

following the date of enactment of this Act, there are in effect 

measures for holding the executive leadership of each covered 

component appropriately accountable for ensuring compliance 

with covered procedures by the personnel of the Federal Bureau 

of Investigation assigned to that covered component. Such 

measures shall include a requirement for an annual evaluation 

of the executive leadership of each such covered component 

with respect to ensuring such compliance during the preceding 

year. 

(2) BRIEFINGS REQUIRED.— 

(A) BRIEFINGS.—Not later than December 31 of each 

calendar year, the Federal Bureau of Investigation shall 

provide to the appropriate congressional committees a 

briefing on the implementation of paragraph (1). 

(B) MATTERS.—Each briefing under subparagraph (A) 

shall include, with respect to the period covered by the 

briefing, the following: 

(i) A description of specific measures under paragraph (1) that the Federal Bureau of Investigation 

has implemented. 

(ii) A description of specific measures under such 

subsection that the Federal Bureau of Investigation 

has proposed to be implemented or modified, and the 

timeline for such proposed implementation or modification. 

(iii) A summary of compliance with covered procedures by the personnel of the Federal Bureau of Investigation, disaggregated by covered component, and a 

description of any adverse personnel actions taken 

against, or other actions taken to ensure the appropriate accountability of, the executive leadership of 

covered components that underperformed with respect 

to ensuring such compliance. 

(3) DEFINITIONS.—In this subsection: 

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘‘appropriate congressional committees’’ means— 

(i) the congressional intelligence committees, as 

such term is defined in subsection (b) of section 701 

of the Foreign Intelligence Surveillance Act of 1978 
H. R. 7888—20 

(50 U.S.C. 1881) on the date of enactment of this 

Act; and 

(ii) the Committees on the Judiciary of the House 

of Representatives and the Senate. 

(B) COVERED COMPONENT.—The term ‘‘covered component’’ means a field office, Headquarters division, or other 

element of the Federal Bureau of Investigation with personnel who, for any period during which section 702 is 

in effect, have access to the unminimized contents of 

communications obtained through acquisitions authorized 

under section 702(a). 

(C) COVERED PROCEDURE.—The term ‘‘covered procedure’’— 

(i) means any procedure governing the use of 

authorities under the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801 et seq.); and 

(ii) includes querying procedures and minimization 

procedures adopted pursuant to such Act. 

(D) EXECUTIVE LEADERSHIP.—The term ‘‘executive 

leadership’’ includes— 

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

Bureau of Investigation, an Assistant Director in 

Charge or Special Agent in Charge of the field office; 

and 

(ii) with respect to a division of the Federal Bureau 

of Investigation Headquarters, an Assistant Director 

of the division. 

SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 

(a) PENALTIES FOR UNAUTHORIZED DISCLOSURE OF APPLICATION

FOR ELECTRONIC SURVEILLANCE.— 

(1) IN GENERAL.—Subsection (a) of section 109 is 

amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘intentionally’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘intentionally’’ before ‘‘engages in’’; 

and 

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

(C) in paragraph (2)— 

(i) by striking ‘‘disclose’’ and inserting ‘‘intentionally discloses’’; and 

(ii) by striking the period at the end and inserting 

‘‘; or’’; and 

(D) by adding at the end the following new paragraph: 

‘‘(3) knowingly and willfully communicates, furnishes, 

transmits, or otherwise makes available to an unauthorized 

person, or publishes, or uses in any manner prejudicial to 

the safety or interest of the United States or for the benefit 

of any foreign government to the detriment of the United States 

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

surveillance under this Act.’’. 

(2) CONFORMING AMENDMENT.—Subsection (b) of such section is amended by striking ‘‘under subsection (a)’’ and inserting 

‘‘under paragraph (1) or (2) of subsection (a)’’. 

(b) INCREASED CRIMINAL PENALTIES FOR OFFENSE UNDER

FISA.—Subsection (c) of section 109 is amended to read as follows: 
H. R. 7888—21 

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

shall be fined under title 18, imprisoned for not more than 10 

years, or both.’’. 

(c) CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OF

CERTAIN INCIDENTALLY COLLECTED UNITED STATES PERSON

INFORMATION.—Title VII is amended by inserting the following 

new section: 

‘‘SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE. 

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

section if that person knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized 

person, or publishes, or uses in any manner prejudicial to the 

safety or interest of the United States or for the benefit of any 

foreign government to the detriment of the United States any 

classified information that contains the contents of any communication acquired under this title to which a known United States 

person is a party. 

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

shall be fined under title 18, imprisoned for not more than 8 

years, or both. 

‘‘(c) JURISDICTION.—There is Federal jurisdiction over an offense 

under this section if the person committing the offense was an 

officer or employee of the United States at the time the offense 

was committed.’’. 

(d) SENTENCING ENHANCEMENT FOR FALSE DECLARATIONS

BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.—Subsection 

(a) of section 1623 of title 18, United States Code, is amended 

by inserting before ‘‘, or both’’ the following: ‘‘or, if such proceedings 

are before or ancillary to the Foreign Intelligence Surveillance 

Court or the Foreign Intelligence Surveillance Court of Review 

established by section 103 of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years’’. 

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

(a) CONTEMPTS CONSTITUTING CRIMES.—Section 402 of title 

18, United States Code, is amended by inserting after ‘‘any district 

court of the United States’’ the following: ‘‘, including the Foreign 

Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 

(b) ANNUAL REPORTING ON CONTEMPT.—Subsection (a)(1) of 

section 603 is amended— 

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

a semicolon; 

(2) in subparagraph (F), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(G) the number of times the Foreign Intelligence 

Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 

21 of title 18, United States Code and a description of 

each use of such authority.’’. 

SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

(a) INCREASED PENALTIES.—Subsection (a) of section 110 is 

amended to read as follows: 
H. R. 7888—22 

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

equal to the greater of— 

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

$10,000 or $1,000 per day for each day of violation; or 

‘‘(2) for any other aggrieved person, $1,000 or $100 per 

day for each day of violation;’’. 

(b) REPORTING REQUIREMENT.—Title I of the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after 

section 110 the following: 

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

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

has violated this Act in a civil action under section 110, the head 

of the agency that employs that person shall report to Congress 

on the administrative action taken against that person pursuant 

to section 103(m) or any other provision of law. 

‘‘(b) REPORT TO FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

If a court finds that a person has violated this Act in a civil 

action under section 110, the head of the agency that employs 

that person shall report the name of such person to the Foreign 

Intelligence Surveillance Court. The Foreign Intelligence Surveillance Court shall maintain a list of each person about whom it 

received a report under this subsection.’’. 

SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RELATING TO 

QUERIES CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION. 

(a) REQUIREMENT FOR ADOPTION OF CERTAIN MINIMUM

ACCOUNTABILITY STANDARDS.— 

(1) MINIMUM ACCOUNTABILITY STANDARDS.—Subsection (f) 

of section 702, as amended by this Act, is further amended 

by inserting after paragraph (3) the following new paragraph: 

‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.—The Director 

of the Federal Bureau of Investigation shall issue minimum 

accountability standards that set forth escalating consequences 

for noncompliant querying of United States person terms within 

the contents of communications that were acquired under this 

section. Such standards shall include, at minimum, the following: 

‘‘(A) Zero tolerance for willful misconduct. 

‘‘(B) Escalating consequences for unintentional noncompliance, including the threshold for mandatory revocation of access to query information acquired under this 

section. 

‘‘(C) Consequences for supervisors who oversee users 

that engage in noncompliant queries.’’. 

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

of the enactment of this Act, the Director of the Federal Bureau 

of Investigation shall issue the minimum accountability standards required under subsection (f)(4) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a). 

(3) REPORTS.— (A) SUBMISSION OF STANDARDS.—Not later than 90 days 

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

of the Federal Bureau of Investigation shall submit to 

the appropriate congressional committees the minimum 

accountability standards issued under paragraph (1). 
H. R. 7888—23 

(B) ANNUAL REPORT ON IMPLEMENTATION.—Not later 

than December 1, 2024, and annually thereafter for 3 years, 

the Director of the Federal Bureau of Investigation shall 

submit to the appropriate congressional committees a 

report detailing each adverse personnel action taken pursuant to the minimum accountability standards and a description of the conduct that led to each such action. 

(4) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriate congressional 

committees’’ means— 

(A) the congressional intelligence committees, as such 

term is defined in subsection (b) of section 701 of the 

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

1881); and 

(B) the Committees on the Judiciary of the House 

of Representatives and of the Senate. 

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

(a) REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

Section 103, as amended by this Act, is further amended by adding 

at the end the following new subsection: 

‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT BEFORE COURTS.—An officer or employee of the United 

States Government who engages in intentional misconduct with 

respect to proceedings before the Foreign Intelligence Surveillance 

Court or the Foreign Intelligence Surveillance Court of Review 

shall be subject to appropriate adverse actions, including, at minimum, suspension without pay or removal, up to and including 

termination.’’. 

SEC. 18. REPORTS AND OTHER MATTERS. 

(a) NOTIFICATION TO CONGRESS OF CERTAIN UNAUTHORIZED

DISCLOSURES.—If the Director of National Intelligence becomes 

aware of an actual or potential significant unauthorized disclosure 

or compromise of information acquired under section 702 of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), 

as soon as practicable, but not later than 7 days after the date 

on which the Director becomes so aware, the Director shall notify 

the congressional intelligence committees of such actual or potential 

disclosure or compromise. 

(b) REPORT ON TECHNOLOGY NEEDED FOR NEAR-REAL TIME

MONITORING OF FEDERAL BUREAU OF INVESTIGATION COMPLIANCE.— 

(1) STUDY REQUIRED.—The Director of National Intelligence, in coordination with the National Security Agency and 

in consultation with the Federal Bureau of Investigation, shall 

conduct a study on technological enhancements that would 

enable the Federal Bureau of Investigation to conduct nearreal time monitoring of compliance in any system of the Federal 

Bureau of Investigation that stores information acquired under 

section 702. Such study shall consider the potential cost and 

assess the feasibility of implementation within a period of one 

year of each technological enhancement under consideration. 

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

of enactment of this Act, the Director of National Intelligence 
H. R. 7888—24 

shall submit the results of the study to the appropriate congressional committees. 

(3) DEFINITIONS.—In this section the term ‘‘appropriate 

congressional committees’’ means— 

(A) the congressional intelligence committees, as such 

term is defined in subsection (b) of section 701 of the 

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

1881); and 

(B) the Committees on the Judiciary of the House 

of Representatives and the Senate. 

(c) FISA REFORM COMMISSION.— 

(1) ESTABLISHMENT.— 

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

to consider ongoing reforms to the Foreign Intelligence 

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

(B) DESIGNATION.—The commission established under 

subparagraph (A) shall be known as the ‘‘FISA Reform 

Commission’’ (in this section the ‘‘Commission’’). 

(2) MEMBERSHIP.— 

(A) COMPOSITION.— 

(i) IN GENERAL.—Subject to clause (ii), the Commission shall be composed of the following members: 

(I) The Principal Deputy Director of National 

Intelligence. 

(II) The Deputy Attorney General. 

(III) The Deputy Secretary of Defense. 

(IV) The Deputy Secretary of State. 

(V) The Chair of the Privacy and Civil Liberties Oversight Board. 

(VI) Three members appointed by the majority 

leader of the Senate, in consultation with the 

Chairman of the Select Committee on Intelligence 

of the Senate and the Chairman of the Committee 

on the Judiciary of the Senate, 1 of whom shall 

be a member of the Senate and 2 of whom shall 

not be. 

(VII) Three members appointed by the 

minority leader of the Senate, in consultation with 

the Vice Chairman of the Select Committee on 

Intelligence of the Senate and the Ranking 

Member of the Committee on the Judiciary of the 

Senate, 1 of whom shall be a member of the Senate 

and 2 of whom shall not be. 

(VIII) Three members appointed by the 

Speaker of the House of Representatives, in consultation with the Chairman of the Permanent 

Select Committee on Intelligence of the House of 

Representatives and the Chairman of the Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of the House 

of Representatives and 2 of whom shall not be. 

(IX) Three members appointed by the minority 

leader of the House of Representatives, in consultation with the Ranking Member of the Permanent 

Select Committee on Intelligence of the House of 

Representatives and the Ranking Member of the 
H. R. 7888—25 

Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of 

the House of Representatives and 2 of whom shall 

not be. 

(ii) NONMEMBERS OF CONGRESS.— 

(I) QUALIFICATIONS.—The members of the 

Commission who are not members of Congress 

and who are appointed under subclauses (VI) 

through (IX) of clause (i) shall be individuals who 

are nationally recognized for expertise, knowledge, 

or experience in— 

(aa) use of intelligence information by the 

intelligence community (as defined in section 

3 of the National Security Act of 1947 (50 

U.S.C. 3003)), national policymakers, and military leaders; 

(bb) the implementation, funding, or oversight of the national security laws of the 

United States; 

(cc) privacy, civil liberties, and transparency; or 

(dd) laws and policies governing methods 

of electronic surveillance. 

(II) CONFLICTS OF INTEREST.—An official who 

appoints members of the Commission may not 

appoint an individual as a member of the Commission if such individual possesses any personal or 

financial interest in the discharge of any of the 

duties of the Commission. 

(III) SECURITY CLEARANCES.—All members of 

the Commission described in subclause (I) shall 

possess an appropriate security clearance in 

accordance with applicable provisions of law concerning the handling of classified information. 

(B) CO-CHAIRS.— 

(i) IN GENERAL.—The Commission shall have 2 

co-chairs, selected from among the members of the 

Commission. 

(ii) AGREEMENT.—The individuals who serve as the 

co-chairs of the Commission shall be agreed upon by 

the members of the Commission. 

(3) APPOINTMENT; INITIAL MEETING.— 

(A) APPOINTMENT.—Members of the Commission shall 

be appointed not later than 90 days after the date of 

the enactment of this Act. 

(B) INITIAL MEETING.—The Commission shall hold its 

initial meeting on or before the date that is 180 days 

after the date of the enactment of this Act. 

(4) MEETINGS; QUORUM; VACANCIES.— 

(A) IN GENERAL.—After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission. 

(B) QUORUM.—Nine members of the Commission shall 

constitute a quorum for purposes of conducting business, 

except that 2 members of the Commission shall constitute 

a quorum for purposes of receiving testimony. 
H. R. 7888—26 

(C) VACANCIES.—Any vacancy in the Commission shall 

not affect its powers, but shall be filled in the same manner 

in which the original appointment was made. 

(D) QUORUM WITH VACANCIES.—If vacancies in the 

Commission occur on any day after 90 days after the date 

of the enactment of this Act, a quorum shall consist of 

a majority of the members of the Commission as of such 

day. 

(5) DUTIES.—The duties of the Commission are as follows: 

(A) To review the effectiveness of the current 

implementation of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1801 et seq.). 

(B) To develop recommendations for legislative action 

to reform the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801 et seq.) that provide for the effective conduct of United States intelligence activities and the protection of privacy and civil liberties. 

(6) POWERS OF COMMISSION.— 

(A) IN GENERAL.— 

(i) HEARINGS.—The Commission or, on the 

authorization of the Commission, any subcommittee 

or member thereof, may, for the purpose of carrying 

out this section— 

(I) hold such hearings and sit and act at such 

times and places, take such testimony, receive such 

evidence, and administer such oaths; and 

(II) require, by subpoena or otherwise, the 

attendance and testimony of such witnesses and 

the production of such books, records, correspondence, memoranda, papers, and documents, as the 

Commission or such designated subcommittee or 

designated member considers necessary. 

(ii) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— 

(I) ISSUANCE.—A subpoena issued under 

clause (i)(II) shall— 

(aa) bear the signature of the co-chairs 

of the Commission; and 

(bb) be served by a person or class of 

persons designated by the co-chairs for that 

purpose. 

(II) ENFORCEMENT.—The provisions of sections 

102 through 104 of the Revised Statutes of the 

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

the case of any failure of a witness to comply 

with any subpoena or to testify when summoned 

under authority of this paragraph. 

(B) INFORMATION FROM FEDERAL AGENCIES.— (i) IN GENERAL.—The Commission may secure 

directly from any executive department, agency, 

bureau, board, commission, office, independent 

establishment, or instrumentality of the Federal 

Government information, suggestions, estimates, and 

statistics for the purposes of this section. 

(ii) FURNISHING INFORMATION.—Each such department, agency, bureau, board, commission, office, 

establishment, or instrumentality described in clause 

(i) shall, to the extent authorized by law, furnish such 
H. R. 7888—27 

information, suggestions, estimates, and statistics 

directly to the Commission, upon request of the cochairs of the Commission. 

(iii) PROTECTION OF CLASSIFIED INFORMATION.— 

The Commission shall handle and protect all classified 

information provided to it under this section in accordance with applicable provisions of law. 

(C) ASSISTANCE FROM FEDERAL AGENCIES.— 

(i) DIRECTOR OF NATIONAL INTELLIGENCE.—The 

Director of National Intelligence shall provide to the 

Commission, on a nonreimbursable basis, such 

administrative services, funds, staff, facilities, and 

other support services as are necessary for the performance of the duties of the Commission under this section. 

(ii) ATTORNEY GENERAL.—The Attorney General 

may provide the Commission, on a nonreimbursable 

basis, with such administrative services, staff, and 

other support services as the Commission may request. 

(iii) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance set forth in clauses (i) and (ii), 

other departments and agencies of the United States 

may provide the Commission such services, funds, 

facilities, staff, and other support as such departments 

and agencies consider advisable and as may be authorized by law. 

(iv) COOPERATION.—The Commission shall receive 

the full and timely cooperation of any official, department, or agency of the Federal Government whose 

assistance is necessary, as jointly determined by the 

co-chairs selected under paragraph (2)(B), for the 

fulfillment of the duties of the Commission, including 

the provision of full and current briefings and analyses. 

(D) POSTAL SERVICES.—The Commission may use the 

United States postal services in the same manner and 

under the same conditions as the departments and agencies 

of the Federal Governments. 

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

may receive a gift or benefit by reason of the service 

of such member or staff to the Commission. 

(7) STAFF OF COMMISSION.— 

(A) APPOINTMENT AND COMPENSATION OF STAFF.—The 

co-chairs of the Commission, in accordance with rules 

agreed upon by the Commission, shall appoint and fix 

the compensation of a staff director and such other personnel as may be necessary to enable the Commission 

to carry out its duties, without regard to the provisions 

of title 5, United States Code, governing appointments 

in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of 

such title relating to classification and General Schedule 

pay rates, except that no rate of pay fixed under this 

subsection may exceed the equivalent of that payable to 

a person occupying a position at level V of the Executive 

Schedule under section 5316 of such title. 

(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 

Government employee may be detailed to the Commission 

without reimbursement from the Commission, and such 
H. R. 7888—28 

detailee shall retain the rights, status, and privileges of 

his or her regular employment without interruption. 

(C) SECURITY CLEARANCES.—All staff of the Commission and all experts and consultants employed by the 

Commission shall possess a security clearance in accordance with applicable provisions of law concerning the handling of classified information. 

(8) COMPENSATION AND TRAVEL EXPENSES.— 

(A) COMPENSATION OF MEMBERS.— 

(i) IN GENERAL.—Except as provided in subparagraph (B), each member of the Commission may be 

compensated at not to exceed the daily equivalent of 

the annual rate of basic pay in effect for a position 

at level IV of the Executive Schedule under section 

5315 of title 5, United States Code, for each day during 

which that member is engaged in the actual performance of the duties of the Commission under this title. 

(ii) EXCEPTION.—Members of the Commission who 

are officers or employees of the United States or Members of Congress shall receive no additional pay by 

reason of their service on the Commission. 

(B) TRAVEL EXPENSES.—While away from their homes 

or regular places of business in the performance of services 

for the Commission, a member of the Commission may 

be allowed travel expenses, including per diem in lieu 

of subsistence, in the same manner as persons employed 

intermittently in the Government service are allowed 

expenses under section 5703 of title 5, United States Code. 

(9) TREATMENT OF INFORMATION RELATING TO NATIONAL

SECURITY.— 

(A) IN GENERAL.—The Director of National Intelligence 

shall assume responsibility for the handling and disposition 

of any information related to the national security of the 

United States that is received, considered, or used by the 

Commission under this title. 

(B) INFORMATION PROVIDED BY CONGRESSIONAL INTELLIGENCE COMMITTEES.—Any information related to the 

national security of the United States that is provided 

to the Commission by a congressional intelligence committee may not be further provided or released without 

the approval of the chairman of such committee. 

(C) ACCESS AFTER TERMINATION OF COMMISSION.—Notwithstanding any other provision of law, after the termination of the Commission under paragraph (10)(B), only 

the members and designated staff of the congressional 

intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other 

officials of the executive branch of the Federal Government 

as the President may designate shall have access to 

information related to the national security of the United 

States that is received, considered, or used by the Commission. 

(10) FINAL REPORT; TERMINATION.— 

(A) FINAL REPORT.— 

(i) DEFINITIONS.—In this subparagraph: 
H. R. 7888—29 

(I) APPROPRIATE COMMITTEES OF CONGRESS.— 

The term ‘‘appropriate committees of Congress’’ 

means— 

(aa) the congressional intelligence committees; 

(bb) the Committee on the Judiciary of 

the Senate; and 

(cc) the Committee on the Judiciary of 

the House of Representatives. 

(II) CONGRESSIONAL LEADERSHIP.—The term 

‘‘congressional leadership’’ means— 

(aa) the majority leader of the Senate; 

(bb) the minority leader of the Senate; 

(cc) the Speaker of the House of Representatives; and 

(dd) the minority leader of the House of 

Representatives. 

(ii) FINAL REPORT REQUIRED.—Not later than 5 

years from the date of enactment of this Act, the 

Commission shall submit to the appropriate committees of Congress, congressional leadership, the Director 

of National Intelligence, and the Attorney General a 

final report on the findings of the Commission. 

(iii) FORM OF FINAL REPORT.—The final report submitted pursuant to clause (ii) shall be in unclassified 

form but may include a classified annex. 

(iv) ASSESSMENTS OF FINAL REPORT.—Not later 

than 1 year after receipt of the final report under 

clause (ii), the Director of National Intelligence and 

the Attorney General shall each submit to the appropriate committees of Congress and congressional 

leadership an assessment of such report. 

(B) TERMINATION.— 

(i) IN GENERAL.—The Commission, and all the 

authorities of this section, shall terminate on the date 

that is 2 years after the date on which the final report 

is submitted under subparagraph (A)(ii). 

(ii) WIND-DOWN PERIOD.—The Commission may use 

the 2-year period referred to in clause (i) for the purposes of concluding its activities, including providing 

testimony to Congress concerning the final report 

referred to in that paragraph and disseminating the 

report. 

(11) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— (A) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the Federal Advisory Committee Act (5 U.S.C. 

App.) shall not apply to the activities of the Commission 

under this section. 

(B) FREEDOM OF INFORMATION ACT.—The provisions 

of section 552 of title 5, United States Code (commonly 

referred to as the ‘‘Freedom of Information Act’’), shall 

not apply to the activities, records, and proceedings of 

the Commission under this section. 

(12) FUNDING.— (A) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated funds to the extent and 
H. R. 7888—30 

in such amounts as specifically provided in advance in 

appropriations acts for the purposes detailed in this subsection. 

(B) AVAILABILITY IN GENERAL.—Subject to subparagraph (A), the Director of National Intelligence shall make 

available to the Commission such amounts as the Commission may require for purposes of the activities of the 

Commission under this section. 

(C) DURATION OF AVAILABILITY.—Amounts made available to the Commission under subparagraph (B) shall 

remain available until expended or upon termination under 

paragraph (10)(B), whichever occurs first. 

(13) CONGRESSIONAL INTELLIGENCE COMMITTEES

DEFINED.—In this subsection, the term ‘‘congressional intelligence committees’’ means— 

(A) the Select Committee on Intelligence of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(d) SEVERABILITY; APPLICABILITY DATE.— 

(1) SEVERABILITY.—If any provision of this Act, any amendment made by this Act, or the application thereof to any person 

or circumstances is held invalid, the validity of the remainder 

of the Act, of any such amendments, and of the application 

of such provisions to other persons and circumstances shall 

not be affected thereby. 

(2) APPLICABILITY DATE.—Subsection (f) of section 702 of 

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

1881a), as amended by this Act, shall apply with respect to 

certifications submitted under subsection (h) of such section 

to the Foreign Intelligence Surveillance Court after January 

1, 2024. 

SEC. 19. EXTENSION OF CERTAIN AUTHORITIES. 

(a) FISA AMENDMENTS ACT OF 2008.—Section 403(b) of the 

FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 

2474) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘April 19, 2024’’ and inserting ‘‘two 

years after the date of enactment of the Reforming Intelligence and Securing America Act’’; and 

(B) by inserting ‘‘and the Reforming Intelligence and 

Securing America Act’’ after ‘‘the FISA Amendments 

Reauthorization Act of 2017’’; and 

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

(A), by striking ‘‘April 19, 2024’’ and inserting ‘‘two years after 

the date of enactment of the Reforming Intelligence and 

Securing America Act’’. 

(b) CONFORMING AMENDMENTS.—Section 404(b) of the FISA 

Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), 

is amended— 

(1) in paragraph (1)— 

(A) in the heading, by striking ‘‘APRIL 19, 2024’’ and 

inserting ‘‘TWO YEARS AFTER THE DATE OF ENACTMENT

OF THE REFORMING INTELLIGENCE AND SECURING AMERICA

ACT’’; and 
H. R. 7888—31 

(B) by inserting ‘‘and the Reforming Intelligence and 

Securing America Act’’ after ‘‘the FISA Amendments 

Reauthorization Act of 2017’’; 

(2) in paragraph (2), by inserting ‘‘and the Reforming Intelligence and Securing America Act’’ after ‘‘the FISA Amendments 

Reauthorization Act of 2017’’; and 

(3) in paragraph (4), by inserting ‘‘and the Reforming Intelligence and Securing America Act’’ after ‘‘the FISA Amendments 

Reauthorization Act of 2017’’ in each place it appears. 

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

(a) REFERENCES TO FOREIGN INTELLIGENCE SURVEILLANCE ACT

OF 1978.—Except as otherwise expressly provided, whenever in 

this Act an amendment or repeal is expressed in terms of an 

amendment to, or a repeal of, a section or other provision, the 

reference shall be considered to be made to a section or other 

provision of the Foreign Intelligence Surveillance Act of 1978 (50 

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

(b) EFFECT OF CERTAIN AMENDMENTS ON CONFORMING CHANGES

TO TABLES OF CONTENTS.—When an amendment made by this 

Act adds a section or larger organizational unit to the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

repeals or transfers a section or larger organizational unit in such 

Act, or amends the designation or heading of a section or larger 

organizational unit in such Act, that amendment also shall have 

the effect of amending the table of contents in such Act to alter 

the table to conform to the changes made by the amendment. 

SEC. 21. REQUIREMENT FOR RECERTIFICATION. 

Notwithstanding any orders or authorizations issued or made 

under section 702 of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1881a) during the period beginning on January 

1, 2024 and ending on April 30, 2024, no later than 90 days 

after the date of enactment of this Act, the Attorney General and 

the Director of National Intelligence shall be required to seek new 

orders consistent with the provisions of the Foreign Intelligence 

Surveillance Act of 1978, as amended by this Act, and thereafter 

to issue new authorizations consistent with such new orders. 

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

COLLECTION. 

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

Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by 

striking ‘‘, except as provided under section 103(b) of the FISA 

Amendments Reauthorization Act of 2017’’. 

(b) CONFORMING AMENDMENTS.— (1) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.— 

Section 702(m) of the Foreign Intelligence Surveillance Act 

of 1978 (50 U.S.C. 1881a(m)) is amended— 

(A) in the subsection heading, by striking ‘‘REVIEWS, 

AND REPORTING’’ and inserting ‘‘AND REVIEWS’’; and 

(B) by striking paragraph (4). 

(2) FISA AMENDMENTS REAUTHORIZATION ACT OF 2017.— 

Section 103 of the FISA Amendments Reauthorization Act of 

2017 (Public Law 115–118; 50 U.S.C. 1881a note) is amended— 

(A) by striking subsection (b); and 

(B) by striking ‘‘(a) IN GENERAL.—’’. 
H. R. 7888—32 

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

Section 101(e)(1) is amended— 

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

a semicolon; and 

(2) by adding at the end the following new subparagraph: 

‘‘(D) international production, distribution, or financing 

of illicit synthetic drugs, opioids, cocaine, or other drugs 

driving overdose deaths, or precursors of any aforementioned; or’’. 

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

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

amended by adding at the end the following new paragraph: 

‘‘(6) VETTING OF NON-UNITED STATES PERSONS.—For any 

procedures for one or more agencies adopted under paragraph 

(1)(A), the Attorney General, in consultation with the Director 

of National Intelligence, shall ensure that the procedures enable 

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

processed for travel to the United States using terms that 

do not qualify as United States person query terms under 

this Act.’’. 

SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER. 

(a) Section 701(b)(4) is amended— 

(1) by redesignating subparagraph (E) as subparagraph 

(F); 

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

a semicolon; 

(3) by inserting after subparagraph (D) the following new 

subparagraph: 

‘‘(E) any other service provider who has access to equipment that is being or may be used to transmit or store 

wire or electronic communications, but not including any 

entity that serves primarily as— 

‘‘(i) a public accommodation facility, as that term 

is defined in section 501(4); 

‘‘(ii) a dwelling, as that term is defined in section 

802 of the Fair Housing Act (42 U.S.C. 3602); 

‘‘(iii) a community facility, as that term is defined 

in section 315 of the Defense Housing and Community 

Facilities and Services Act of 1951 (42 U.S.C. 1592n); 

or 

‘‘(iv) a food service establishment, as that term 

is defined in section 281 of the Agricultural Marketing 

Act of 1946 (7 U.S.C. 1638); or’’; 

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

(A) by inserting ‘‘custodian,’’ after ‘‘employee,’’; 

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

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

(b) Paragraph (6) of section 801 of the Foreign Intelligence 

Surveillance Act of 1978 is amended— 

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; 

(2) in subparagraph (F), as redesignated, by striking ‘‘; 

or’’ and inserting a semicolon; 
H. R. 7888—33 

(3) by inserting after subparagraph (D) the following new 

subparagraph: 

‘‘(E) any other service provider who has access to equipment that is being or may be used to transmit or store 

wire or electronic communications, but not including any 

entity that serves primarily as— 

‘‘(i) a public accommodation facility, as that term 

is defined in section 501(4); 

‘‘(ii) a dwelling, as that term is defined in section 

802 of the Fair Housing Act (42 U.S.C. 3602); 

‘‘(iii) a community facility, as that term is defined 

in section 315 of the Defense Housing and Community 

Facilities and Services Act of 1951 (42 U.S.C. 1592n); 

or 

‘‘(iv) a food service establishment, as that term 

is defined in section 281 of the Agricultural Marketing 

Act of 1946 (7 U.S.C. 1638);’’; and 

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

(A) by inserting ‘‘custodian,’’ after ‘‘employee,’’; 

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

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

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.