I 

118TH CONGRESS 

2D SESSION H. R. 7888 

To reform the Foreign Intelligence Surveillance Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2024 

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

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

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

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

A BILL 

To reform the Foreign Intelligence Surveillance Act of 1978. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Securing America Act’’. 

6 SEC. 2. QUERY PROCEDURE REFORM. 

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

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

10 amended— 


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1 (1) by redesignating paragraph (3) as para2 graph (5); and 

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

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

7 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

8 UNITED STATES PERSON QUERIES.— 

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

10 Investigation personnel must obtain prior 

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

14 authorized to access unminimized contents 

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

17 any query of such unminimized contents or 

18 noncontents made using a United States 

19 person query term. 

20 ‘‘(ii) EXCEPTION.—A United States 

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

23 unminimized contents or noncontents ob24 tained through acquisitions authorized 

25 under subsection (a) using a United States 


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

3 clause (i) only if the person conducting the 

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

6 assist in mitigating or eliminating a threat 

7 to life or serious bodily harm.’’. 

8 (b) PROHIBITION ON INVOLVEMENT OF POLITICAL

9 APPOINTEES IN PROCESS TO APPROVE FEDERAL BU10 REAU OF INVESTIGATION QUERIES.—Subparagraph (D) 

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

12 section, is amended by inserting after clause (v) the fol13 lowing: 

14 ‘‘(vi) PROHIBITION ON POLITICAL

15 APPOINTEES WITHIN THE PROCESS TO

16 APPROVE FEDERAL BUREAU OF IN17 VESTIGATION QUERIES.—The proce18 dures shall prohibit any political per19 sonnel, such as those classified by the 

20 Office of Personnel Management as 

21 Presidential Appointment with Senate 

22 Confirmation, Presidential Appoint23 ment (without Senate Confirmation), 

24 Noncareer Senior Executive Service 

25 Appointment, or Schedule C Excepted 


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1 Appointment, from inclusion in the 

2 Federal Bureau of Investigation’s 

3 prior approval process under clause 

4 (ii).’’. 

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

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

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

12 the Foreign Intelligence Surveillance Act of 1978 

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

14 of Investigation, not later than 180 days after the 

15 conduct of such query, the Department of Justice 

16 shall conduct an audit of such query. 

17 (2) APPLICABILITY.—The requirement under 

18 paragraph (1) shall apply with respect to queries 

19 conducted on or after the date of the enactment of 

20 this Act. 

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

22 the earlier of the following: 

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

24 of the enactment of this Act. 


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

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

5 for the internal audit of all queries referred to 

6 in paragraph (1). 

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

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

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

14 (B) the Committees on the Judiciary of 

15 the House of Representatives and of the Sen16 ate. 

17 (d) RESTRICTIONS RELATING TO CONDUCT OF CER18 TAIN QUERIES BY FEDERAL BUREAU OF INVESTIGA19 TION.—Paragraph (3) of section 702(f), as added by sub20 section (a)(2) of this section, is amended by adding after 

21 subparagraph (C), as added by subsection (f) of this sec22 tion, the following: 

23 ‘‘(D) QUERYING PROCEDURES APPLICABLE

24 TO FEDERAL BUREAU OF INVESTIGATION.—For 

25 any procedures adopted under paragraph (1) 


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1 applicable to the Federal Bureau of Investiga2 tion, the Attorney General, in consultation with 

3 the Director of National Intelligence, shall in4 clude the following requirements: 

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

6 prior to conducting any query, personnel of 

7 the Federal Bureau of Investigation suc8 cessfully complete training on the querying 

9 procedures on an annual basis. 

10 ‘‘(ii) ADDITIONAL PRIOR APPROVALS

11 FOR SENSITIVE QUERIES.—A requirement 

12 that, absent exigent circumstances, prior to 

13 conducting certain queries, personnel of 

14 the Federal Bureau of Investigation receive 

15 approval, at minimum, as follows: 

16 ‘‘(I) Approval from the Deputy 

17 Director of the Federal Bureau of In18 vestigation if the query uses a query 

19 term reasonably believed to identify a 

20 United States elected official, an ap21 pointee of the President or a State 

22 governor, a United States political 

23 candidate, a United States political 

24 organization or a United States per25 son prominent in such organization, 


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1 or a United States media organization 

2 or a United States person who is a 

3 member of such organization. 

4 ‘‘(II) Approval from an attorney 

5 of the Federal Bureau of Investiga6 tion if the query uses a query term 

7 reasonably believed to identify a 

8 United States religious organization 

9 or a United States person who is 

10 prominent in such organization. 

11 ‘‘(III) Approval from an attorney 

12 of the Federal Bureau of Investiga13 tion if such conduct involves batch job 

14 technology (or successor tool). 

15 ‘‘(iii) PRIOR WRITTEN JUSTIFICA16 TION.—A requirement that, prior to con17 ducting a query using a United States per18 son query term, personnel of the Federal 

19 Bureau of Investigation provide a written 

20 statement of the specific factual basis to 

21 support the reasonable belief that such 

22 query meets the standards required by the 

23 procedures adopted under paragraph (1). 

24 For each United States person query, the 

25 Federal Bureau of Investigation shall keep 


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

2 conduct of the query, the identifier of the 

3 personnel conducting the query, and such 

4 written statement. 

5 ‘‘(iv) STORAGE OF CERTAIN CON6 TENTS AND NONCONTENTS.—Any system 

7 of the Federal Bureau of Investigation 

8 that stores unminimized contents or non9 contents obtained through acquisitions au10 thorized under subsection (a) together with 

11 contents or noncontents obtained through 

12 other lawful means shall be configured in 

13 a manner that— 

14 ‘‘(I) requires personnel of the 

15 Federal Bureau of Investigation to af16 firmatively elect to include such 

17 unminimized contents or noncontents 

18 obtained through acquisitions author19 ized under subsection (a) when run20 ning a query; or 

21 ‘‘(II) includes other controls rea22 sonably expected to prevent inad23 vertent queries of such unminimized 

24 contents or noncontents. 


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1 ‘‘(v) WAIVER AUTHORITY FOR FOR2 EIGN INTELLIGENCE SURVEILLANCE

3 COURT.—If the Foreign Intelligence Sur4 veillance Court finds that the procedures 

5 adopted under paragraph (1) include meas6 ures that are reasonably expected to result 

7 in similar compliance outcomes as the 

8 measures specified in clauses (i) through 

9 (iv) of this subparagraph, the Foreign In10 telligence Surveillance Court may waive 

11 one or more of the requirements specified 

12 in such clauses.’’. 

13 (e) NOTIFICATION FOR CERTAIN QUERIES CON14 DUCTED BY FEDERAL BUREAU OF INVESTIGATION.— 

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

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

17 following: 

18 ‘‘(B) NOTIFICATION REQUIREMENT FOR

19 CERTAIN FBI QUERIES.— 

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

21 the Federal Bureau of Investigation shall 

22 promptly notify appropriate congressional 

23 leadership of any query conducted by the 

24 Federal Bureau of Investigation using a 

25 query term that is reasonably believed to 


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1 be the name or other personally identifying 

2 information of a member of Congress, and 

3 shall also notify the member who is the 

4 subject of such query. 

5 ‘‘(ii) APPROPRIATE CONGRESSIONAL

6 LEADERSHIP DEFINED.—In this subpara7 graph, the term ‘appropriate congressional 

8 leadership’ means the following: 

9 ‘‘(I) The chairs and ranking mi10 nority members of the congressional 

11 intelligence committees. 

12 ‘‘(II) The Speaker and minority 

13 leader of the House of Representa14 tives. 

15 ‘‘(III) The majority and minority 

16 leaders of the Senate. 

17 ‘‘(iii) NATIONAL SECURITY CONSIDER18 ATIONS.—In submitting a notification 

19 under clause (i), the Director shall give 

20 due regard to the protection of classified 

21 information, sources and methods, and na22 tional security. 

23 ‘‘(iv) WAIVER.— 

24 ‘‘(I) IN GENERAL.—The Director 

25 may waive a notification required 


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1 under clause (i) if the Director deter2 mines such notification would impede 

3 an ongoing national security or law 

4 enforcement investigation. 

5 ‘‘(II) TERMINATION.—A waiver 

6 under subclause (I) shall terminate on 

7 the date the Director determines the 

8 relevant notification would not impede 

9 the relevant national security or law 

10 enforcement investigation or on the 

11 date that such investigation ends, 

12 whichever is earlier.’’. 

13 (f) REQUIREMENT FOR CONGRESSIONAL CONSENT

14 PRIOR TO CERTAIN FEDERAL BUREAU OF INVESTIGA15 TION QUERIES FOR PURPOSE OF DEFENSIVE BRIEF16 INGS.—Paragraph (3) of section 702(f), as added by sub17 section (a) of this section, is amended by adding after sub18 paragraph (B), as added by subsection (e) of this section, 

19 the following: 

20 ‘‘(C) CONSENT REQUIRED FOR FBI TO

21 CONDUCT CERTAIN QUERIES FOR PURPOSE OF

22 DEFENSIVE BRIEFING.— 

23 ‘‘(i) CONSENT REQUIRED.—The Fed24 eral Bureau of Investigation may not, for 

25 the exclusive purpose of supplementing the 


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1 contents of a briefing on the defense 

2 against a counterintelligence threat to a 

3 member of Congress, conduct a query 

4 using a query term that is the name or re5 stricted personal information (as such term 

6 is defined in section 119 of title 18, United 

7 States Code) of that member unless— 

8 ‘‘(I) the member provides consent 

9 to the use of the query term; or 

10 ‘‘(II) the Deputy Director of the 

11 Federal Bureau of Investigation de12 termines that exigent circumstances 

13 exist sufficient to justify the conduct 

14 of such query. 

15 ‘‘(ii) NOTIFICATION.— 

16 ‘‘(I) NOTIFICATION OF CONSENT

17 SOUGHT.—Not later than three busi18 ness days after submitting a request 

19 for consent from a member of Con20 gress under clause (i), the Director of 

21 the Federal Bureau of Investigation 

22 shall notify the appropriate congres23 sional leadership, regardless of wheth24 er the member provided such consent. 


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1 ‘‘(II) NOTIFICATION OF EXCEP2 TION USED.—Not later than three 

3 business days after the conduct of a 

4 query under clause (i) without consent 

5 on the basis of the existence of exi6 gent circumstances determined under 

7 subclause (II) of such clause, the Di8 rector of the Federal Bureau of Inves9 tigation shall notify the appropriate 

10 congressional leadership. 

11 ‘‘(iii) RULE OF CONSTRUCTION.— 

12 Nothing in this subparagraph may be con13 strued as— 

14 ‘‘(I) applying to matters outside 

15 of the scope of the briefing on the de16 fense against a counterintelligence 

17 threat to be provided or supplemented 

18 under clause (i); or 

19 ‘‘(II) limiting the lawful inves20 tigative activities of the Federal Bu21 reau of Investigation other than 

22 supplementing the contents of a brief23 ing on the defense against a counter24 intelligence threat to a member of 

25 Congress. 


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1 ‘‘(iv) APPROPRIATE CONGRESSIONAL

2 LEADERSHIP DEFINED.—In this subpara3 graph, the term ‘appropriate congressional 

4 leadership’ means the following: 

5 ‘‘(I) The chairs and ranking mi6 nority members of the congressional 

7 intelligence committees. 

8 ‘‘(II) The Speaker and minority 

9 leader of the House of Representa10 tives. 

11 ‘‘(III) The majority and minority 

12 leaders of the Senate.’’. 

13 SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED 

14 UNDER SECTION 702. 

15 (a) REVOKING FEDERAL BUREAU OF INVESTIGATION

16 AUTHORITY TO CONDUCT QUERIES UNRELATED TO NA17 TIONAL SECURITY.—Subsection (f)(2) of section 702 is 

18 amended to read as follows: 

19 ‘‘(2) PROHIBITION ON CONDUCT OF QUERIES

20 THAT ARE SOLELY DESIGNED TO FIND AND EX21 TRACT EVIDENCE OF A CRIME.— 

22 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

23 UNITED STATES PERSON QUERIES.—The 

24 querying procedures adopted pursuant to para25 graph (1) for the Federal Bureau of InvestigaVerDate Sep 11 2014 01:37 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H7888.IH H7888

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1 tion shall prohibit queries of information ac2 quired under subsection (a) that are solely de3 signed to find and extract evidence of criminal 

4 activity. 

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

6 subparagraph (A) shall not apply with respect 

7 to a query if— 

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

9 such query may retrieve information that 

10 could assist in mitigating or eliminating a 

11 threat to life or serious bodily harm; or 

12 ‘‘(ii) such query is necessary to iden13 tify information that must be produced or 

14 preserved in connection with a litigation 

15 matter or to fulfill discovery obligations in 

16 criminal matters under the laws of the 

17 United States or any State thereof.’’. 

18 (b) RESTRICTION ON CERTAIN INFORMATION AVAIL19 ABLE TO FEDERAL BUREAU OF INVESTIGATION.—Section 

20 702 is amended by adding at the end the following new 

21 subsection: 

22 ‘‘(n) RESTRICTION ON CERTAIN INFORMATION

23 AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 

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

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1 tion acquired under this section into its analytic re2 positories unless the targeted person is relevant to 

3 an existing, open, predicated full national security 

4 investigation by the Federal Bureau of Investigation. 

5 ‘‘(2) EXCEPTION FOR EXIGENT CIR6 CUMSTANCES.—Paragraph (1) does not apply if the 

7 Director of the Federal Bureau of Investigation de8 cides it is necessary due to exigent circumstances 

9 and provides notification within three business days 

10 to the congressional intelligence committees, the 

11 Speaker and minority leader of the House of Rep12 resentatives, and the majority and minority leaders 

13 of the Senate. 

14 ‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER

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

16 Federal Bureau of Investigation has agreed to pro17 vide technical, analytical, or linguistic assistance at 

18 the request of another Federal agency.’’. 

19 SEC. 4. TARGETING DECISIONS UNDER SECTION 702. 

20 (a) SENSE OF CONGRESS ON THE TARGETED COL21 LECTION OF UNITED STATES PERSON INFORMATION.— 

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

23 702(b)(2), section 702 of the Foreign Intelligence Surveil24 lance Act of 1978 has always prohibited, and continues 

25 to prohibit, the intelligence community from targeting a 


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1 United States person for collection of foreign intelligence 

2 information. If the intelligence community intends to tar3 get a United States person for collection of foreign intel4 ligence information under the Foreign Intelligence Surveil5 lance Act of 1978, the Government must first obtain an 

6 individualized court order based upon a finding of prob7 able cause that the United States person is a foreign 

8 power, an agent of a foreign power, or an officer or em9 ployee of a foreign power, in order to conduct surveillance 

10 targeting that United States person. 

11 (b) ANNUAL AUDIT OF TARGETING DECISIONS

12 UNDER SECTION 702.— 

13 (1) MANDATORY REVIEW.—Not less frequently 

14 than annually, the Department of Justice National 

15 Security Division shall review each person targeted 

16 under section 702 of the Foreign Intelligence Sur17 veillance Act of 1978 in the preceding year to ensure 

18 that the purpose of each targeting decision is not to 

19 target a known United States person. The results of 

20 this review shall be submitted to the Department of 

21 Justice Office of the Inspector General, the congres22 sional intelligence committees, and the Committees 

23 on the Judiciary of the House of Representatives 

24 and of the Senate, subject to a declassification re25 view. 


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1 (2) INSPECTOR GENERAL AUDIT.—Not less fre2 quently than annually, the Department of Justice 

3 Office of the Inspector General shall audit a sam4 pling of the targeting decisions reviewed by the Na5 tional Security Division under paragraph (1) and 

6 submit a report to the congressional intelligence 

7 committees and the Committees on the Judiciary of 

8 the House of Representatives and of the Senate. 

9 (3) CERTIFICATION.—Within 180 days of en10 actment of this Act, and annually thereafter, each 

11 agency authorized to target non-United States per12 sons under section 702 shall certify to Congress that 

13 the purpose of each targeting decision made in the 

14 prior year was not to target a known United States 

15 person. 

16 SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT 

17 REFORM. 

18 (a) REQUIREMENT FOR SAME JUDGE TO HEAR EX19 TENSION APPLICATIONS.—Subsection (d) of section 105 

20 is amended by adding at the end the following new para21 graph: 

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

23 title for surveillance targeted against a United 

24 States person, to the extent practicable and absent 

25 exigent circumstances, shall be granted or denied by 


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1 the same judge who issued the original order unless 

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

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

4 (b) USE OF AMICI CURIAE IN FOREIGN INTEL5 LIGENCE SURVEILLANCE COURT PROCEEDINGS.—Sub6 section (i) of section 103 is amended— 

7 (1) in paragraph (2)— 

8 (A) by redesignating subparagraphs (A) 

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

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

11 inserting the following subparagraph: 

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

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

14 subparagraph (B) of this section— 

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

16 (I) by striking ‘‘appoint an indi17 vidual who has’’ and inserting ‘‘ap18 point one or more individuals who 

19 have’’; and 

20 (II) by striking ‘‘; and’’ and in21 serting a semicolon; 

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

23 (I) by striking ‘‘appoint an indi24 vidual or organization’’ and inserting 


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1 ‘‘appoint one or more individuals or 

2 organizations’’; and 

3 (II) by striking the period at the 

4 end and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing new clause: 

7 ‘‘(iii) shall appoint one or more indi8 viduals who have been designated under 

9 paragraph (1) to serve as amicus curiae to 

10 assist such court in the consideration of 

11 any certification or procedures submitted 

12 for review pursuant to section 702, includ13 ing any amendments to such certifications 

14 or procedures, if the court established 

15 under subsection (a) has not appointed an 

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

17 the court issues a finding that such ap18 pointment is not appropriate or is likely to 

19 result in undue delay.’’; and 

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

21 subparagraphs: 

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

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

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1 pertise in both privacy and civil liberties and in2 telligence collection. 

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

4 appoints one or more individuals or organiza5 tions pursuant to this paragraph to assist such 

6 court in a proceeding under section 702, not7 withstanding subsection (j)(1)(B) of such sec8 tion, the court shall issue an order pursuant to 

9 subsection (j)(3) of such section as expedi10 tiously as possible consistent with subsection 

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

12 than 60 days after the date on which such cer13 tification, procedures, or amendments are sub14 mitted for the court’s review, or later than 60 

15 days after the court has issued an order ap16 pointing one or more individuals pursuant to 

17 this paragraph, whichever is earlier, unless a 

18 judge of that court issues an order finding that 

19 extraordinary circumstances necessitate addi20 tional time for review and that such extension 

21 of time is consistent with the national secu22 rity.’’; and 

23 (2) in paragraph (4)— 

24 (A) by striking ‘‘paragraph (2)(A)’’ and in25 serting ‘‘paragraph (2)’’; 


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

2 appropriate’’; 

3 (C) by redesignating subparagraphs (A) 

4 through (C) as clauses (i) through (iii), respec5 tively; 

6 (D) by inserting before clause (i) the fol7 lowing new subparagraphs: 

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

9 issues identified by the court; and 

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

11 ’’; and 

12 (E) in subparagraph (B)(i), as redesig13 nated, by inserting ‘‘of United States persons’’ 

14 after ‘‘civil liberties’’. 

15 (c) DESIGNATION OF COUNSEL TO SCRUTINIZE AP16 PLICATIONS FOR UNITED STATES PERSONS.—Section 

17 103 is amended by adding at the end the following new 

18 subsection: 

19 ‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN AP20 PLICATIONS.—To assist the court in the consideration of 

21 any application for an order pursuant to section 104 that 

22 targets a United States person, the presiding judge des23 ignated under subsection (a) shall designate one or more 

24 attorneys to review such applications, and provide a writ25 ten analysis to the judge considering the application, of— 


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

2 make the probable cause determination under sec3 tion 105(a)(2); 

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

5 concerns in the application; and 

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

7 which the judge shall consider during a proceeding 

8 on the application in which such attorney is present, 

9 as appropriate— 

10 ‘‘(A) that the application should be ap11 proved, denied, or modified; 

12 ‘‘(B) that the Government should supply 

13 additional information in connection with such 

14 application; or 

15 ‘‘(C) that any requirements or conditions 

16 should be imposed on the Government for the 

17 approval of such application.’’. 

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

19 INTELLIGENCE SURVEILLANCE ACT. 

20 (a) REQUIREMENT FOR SWORN STATEMENTS FOR

21 FACTUAL ASSERTIONS.— 

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

23 is amended by striking ‘‘a statement of’’ and insert24 ing ‘‘a sworn statement of’’. 


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

2 is amended by striking ‘‘a statement of’’ and insert3 ing ‘‘a sworn statement of’’. 

4 (3) SECTION 703.—Subsection (b)(1)(C) of sec5 tion 703 is amended by striking ‘‘a statement of’’ 

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

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

8 704 is amended by striking ‘‘a statement of’’ and in9 serting ‘‘a sworn statement of’’. 

10 (5) 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 (b) PROHIBITION ON USE OF POLITICALLY DERIVED

15 INFORMATION IN APPLICATIONS FOR CERTAIN ORDERS

16 BY THE FOREIGN INTELLIGENCE SURVEILLANCE

17 COURT.— 

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

19 is amended— 

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

21 and’’ and inserting a semicolon; 

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

23 the semicolon and inserting ‘‘; and’’; and 

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

25 following new subparagraph: 


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

2 in the statement described in paragraph (3) 

3 was solely produced by, derived from informa4 tion produced by, or obtained using the funds 

5 of, a political organization (as such term is de6 fined in section 527 of the Internal Revenue 

7 Code of 1986), unless— 

8 ‘‘(i) the political organization is clear9 ly identified in the body of the statement 

10 described in paragraph (3); 

11 ‘‘(ii) the information has been cor12 roborated; and 

13 ‘‘(iii) the investigative techniques used 

14 to corroborate the information are clearly 

15 identified in the body of the statement de16 scribed in paragraph (3); and’’. 

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

18 is amended— 

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

20 and’’ and inserting a semicolon; 

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

22 semicolon and inserting ‘‘; and’’; and 

23 (C) by inserting after subparagraph (E) 

24 the following new subparagraph: 


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

2 in the statement described in paragraph (3) 

3 was solely produced by, derived from informa4 tion produced by, or obtained using the funds 

5 of, a political organization (as such term is de6 fined in section 527 of the Internal Revenue 

7 Code of 1986), unless— 

8 ‘‘(i) the political organization is clear9 ly identified in the body of the statement 

10 described in paragraph (3); 

11 ‘‘(ii) the information has been cor12 roborated; and 

13 ‘‘(iii) the investigative techniques used 

14 to corroborate the information are clearly 

15 identified in the body of the statement de16 scribed in paragraph (3); and’’. 

17 (3) APPLICABILITY.—The amendments made 

18 by this subsection shall apply with respect to appli19 cations made on or after the date that is 120 days 

20 after the date of enactment of this Act. 

21 (c) PROHIBITION ON USE OF PRESS REPORTS IN AP22 PLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN IN23 TELLIGENCE SURVEILLANCE COURT.— 


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

2 as amended by this Act, is further amended by add3 ing at the end the following new subparagraph: 

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

5 in the statement described in paragraph (3) is 

6 attributable to or derived from the content of a 

7 media source unless the statement includes a 

8 clear identification of each author of that con9 tent, and where applicable, the publisher of that 

10 content, information to corroborate that which 

11 was derived from the media source, and an ex12 planation of the investigative techniques used to 

13 corroborate the information;’’. 

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

15 303, as amended by this Act, is further amended by 

16 adding at the end the following new subparagraph: 

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

18 in the statement described in paragraph (3) is 

19 attributable to or derived from the content of a 

20 media source unless the statement includes a 

21 clear identification of each author of that con22 tent, where applicable, the publisher of that 

23 content, information to corroborate that which 

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1 planation of the investigative techniques used to 

2 corroborate the information;’’. 

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 (d) DESCRIPTION OF TECHNIQUES CARRIED OUT

8 BEFORE APPLICATION.— 

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

10 amended by this Act, is further amended— 

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

12 and inserting a semicolon; 

13 (B) in paragraph (9), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

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

16 paragraph: 

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

18 States person, a statement summarizing the inves19 tigative techniques carried out before making the ap20 plication;’’. 

21 (2) 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 (e) REQUIREMENT FOR CERTAIN JUSTIFICATION

2 PRIOR TO EXTENSION OF ORDERS.— 

3 (1) APPLICATIONS FOR EXTENSION OF ORDERS

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

5 amended by this Act, is further amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(11) in the case of an application for an exten8 sion of an order under this title for a surveillance 

9 targeted against a United States person, a summary 

10 statement of the foreign intelligence information ob11 tained pursuant to the original order (and any pre12 ceding extension thereof) as of the date of the appli13 cation for the extension, or a reasonable explanation 

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

15 (2) APPLICATIONS FOR EXTENSION OF ORDERS

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

17 amended by this Act, is further amended— 

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

19 and inserting a semicolon; 

20 (B) in paragraph (8), by striking the pe21 riod at the end and inserting a semicolon; and 

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

23 paragraph: 

24 ‘‘(9) in the case of an application for an exten25 sion of an order under this title in which the target 


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

2 summary statement of the foreign intelligence infor3 mation obtained pursuant to the original order (and 

4 any preceding extension thereof) as of the date of 

5 the application for the extension, or a reasonable ex6 planation of the failure to obtain such information; 

7 and’’. 

8 (3) APPLICABILITY.—The amendments made 

9 by this subsection shall apply with respect to appli10 cations made on or after the date that is 120 days 

11 after the date of enactment of this Act. 

12 (f) REQUIREMENT FOR JUSTIFICATION OF UNDER13 LYING CRIMINAL OFFENSE IN CERTAIN APPLICATIONS.— 

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

15 104 is amended by inserting before the semicolon at 

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

17 that is a United States person alleged to be acting 

18 as an agent of a foreign power (as described in sec19 tion 101(b)(2)(B)), that a violation of the criminal 

20 statutes of the United States as referred to in sec21 tion 101(b)(2)(B) has occurred or is about to 

22 occur’’. 

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

24 303 is amended by inserting before the semicolon at 

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


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1 that is a United States person alleged to be acting 

2 as an agent of a foreign power (as described in sec3 tion 101(b)(2)(B)), that a violation of the criminal 

4 statutes of the United States as referred to in sec5 tion 101(b)(2)(B) has occurred or is about to 

6 occur’’. 

7 (3) APPLICABILITY.—The amendments made 

8 by this subsection shall apply with respect to appli9 cations made on or after the date that is 120 days 

10 after the date of enactment of this Act. 

11 (g) MODIFICATION TO DURATION OF APPROVED PE12 RIOD UNDER CERTAIN ORDERS FOR NON-UNITED

13 STATES PERSONS.— 

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

15 amended— 

16 (A) in paragraph (1)— 

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

18 ‘‘against a foreign power, as defined in sec19 tion 101(a), (1), (2), or (3),’’ and inserting 

20 ‘‘against a foreign power’’; and 

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

22 ‘‘120 days’’ and inserting ‘‘one year’’; and 

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

24 (C) by redesignating paragraphs (3) and 

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


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

2 amended— 

3 (A) in paragraph (1)— 

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

5 ‘‘against a foreign power, as defined in 

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

7 101(a),’’ and inserting ‘‘against a foreign 

8 power’’; and 

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

10 ‘‘120 days’’ and inserting ‘‘one year’’; and 

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

12 (C) by redesignating paragraph (3) as 

13 paragraph (2). 

14 SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF 

15 CERTAIN DOCUMENTS. 

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

17 after ‘‘shall conduct a declassification review’’ the fol18 lowing: ‘‘, to be concluded as soon as practicable, but not 

19 later than 180 days after the commencement of such re20 view,’’. 

21 SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS. 

22 (a) REQUIREMENT FOR TRANSCRIPTS OF PRO23 CEEDINGS.—Subsection (c) of section 103 is amended— 

24 (1) by inserting ‘‘, and hearings shall be tran25 scribed’’ before the first period; 


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

2 after ‘‘applications made’’; and 

3 (3) by adding at the end the following new sen4 tence: ‘‘Transcriptions and any related records, in5 cluding testimony and affidavits, shall be stored in 

6 a file associated with the relevant application or 

7 order.’’. 

8 (b) REQUIREMENT FOR NOTIFICATION TO CONGRESS

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

10 601 is amended— 

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

12 inserting a semicolon; 

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

14 inserting a semicolon; and 

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

16 paragraphs: 

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

18 proceeding before the Foreign Intelligence Surveil19 lance Court or Foreign Intelligence Surveillance 

20 Court of Review for which a court reporter produces 

21 a transcript, not later than 45 days after the govern22 ment receives the final transcript or the date on 

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

24 other proceeding is resolved, whichever is later, a no25 tice of the existence of such transcript. Not later 


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1 than three business days after a committee referred 

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

3 transcript, the Attorney General shall facilitate such 

4 request; and 

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

6 has undergone review under section 602.’’. 

7 SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GEN8 ERAL. 

9 (a) INSPECTOR GENERAL REPORT ON FEDERAL BU10 REAU OF INVESTIGATION QUERYING PRACTICES.— 

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

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

13 later than one year prior to the expiration of title 

14 VII of the Foreign Intelligence Surveillance Act of 

15 1978, the Inspector General of the Department of 

16 Justice shall submit to the appropriate congressional 

17 committees two separate reports on the querying 

18 practices of the Federal Bureau of Investigation 

19 under section 702. 

20 (2) MATTERS INCLUDED.—The reports under 

21 paragraph (1) shall include, at a minimum, the fol22 lowing: 

23 (A) An evaluation of compliance by per24 sonnel of the Federal Bureau of Investigation 

25 with the querying procedures adopted under 


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1 section 702(f), with a particular focus on com2 pliance by such personnel with the procedures 

3 governing queries using United States person 

4 query terms. 

5 (B) An analysis of each specific reform 

6 that, in the view of the Inspector General, is re7 sponsible for any identified improvement in the 

8 Federal Bureau of Investigation’s record of 

9 compliance with the querying procedures, in10 cluding an identification of whether such reform 

11 was— 

12 (i) required by this Act or another Act 

13 of Congress; 

14 (ii) required by the Foreign Intel15 ligence Surveillance Court or the Attorney 

16 General; or 

17 (iii) voluntarily adopted by the Direc18 tor of the Federal Bureau of Investigation. 

19 (C) An assessment of the status of the im20 plementation by the Federal Bureau of Inves21 tigation of all reforms related to querying that 

22 are required by this Act. 

23 (D) An evaluation of the effectiveness of 

24 the Office of Internal Auditing of the Federal 

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1 toring and improving query compliance by per2 sonnel of the Federal Bureau of Investigation. 

3 (E) Recommendations to further improve 

4 compliance with querying procedures by per5 sonnel of the Federal Bureau of Investigation, 

6 particularly with respect to compliance with the 

7 procedures governing queries using United 

8 States person query terms. 

9 (F) Any other relevant matter the Inspec10 tor General determines appropriate. 

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

12 shall be submitted in unclassified form and may in13 clude a classified annex. 

14 (4) DEFINITIONS.—In this subsection: 

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

16 this subsection, terms used in this subsection 

17 have the meanings given such terms in the For18 eign Intelligence Surveillance Act of 1978 (50 

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

20 (B) APPROPRIATE CONGRESSIONAL COM21 MITTEES.—The term ‘‘appropriate congres22 sional committees’’ means— 

23 (i) the congressional intelligence com24 mittees, as such term is defined in sub25 section (b) of section 701 of the Foreign 


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1 Intelligence Surveillance Act of 1978 (50 

2 U.S.C. 1881); and 

3 (ii) the Committees on the Judiciary 

4 of the House of Representatives and the 

5 Senate. 

6 SEC. 10. ACCURACY AND COMPLETENESS OF APPLICA7 TIONS. 

8 (a) REQUIREMENT FOR CERTIFICATIONS REGARDING

9 ACCURACY OF APPLICATIONS.— 

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

11 amended by this Act, is further amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(12) a certification by the applicant or declar14 ant that, to the best knowledge of the applicant or 

15 declarant, the Attorney General or a designated at16 torney for the Government has been apprised of all 

17 information that might reasonably— 

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

19 application or the reasonableness of any assess20 ment in the application conducted by the de21 partment or agency on whose behalf the appli22 cation is made; or 

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

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


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

2 amended by adding at the end the following: 

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

4 the best knowledge of the applicant, the Attorney 

5 General or a designated attorney for the Govern6 ment has been apprised of all information that 

7 might reasonably— 

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

9 application or the reasonableness of any assess10 ment in the application conducted by the de11 partment or agency on whose behalf the appli12 cation is made; or 

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

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

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

16 amended— 

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

18 and inserting a semicolon; 

19 (B) in paragraph (3), 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 ‘‘(4) a certification by the Federal Officer seek24 ing to use the pen register or trap and trace device 

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1 edge of the Federal Officer, the Attorney General or 

2 a designated attorney for the Government has been 

3 apprised of all information that might reasonably— 

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

5 application or the reasonableness of any assess6 ment in the application conducted by the de7 partment or agency on whose behalf the appli8 cation is made; or 

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

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

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

12 is amended— 

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

14 and’’ and inserting a semicolon; 

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

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

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

18 subparagraph: 

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

20 the best knowledge of the applicant, the appli21 cation fairly reflects all information that might 

22 reasonably— 

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

24 the application or the reasonableness of 

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1 ducted by the department or agency on 

2 whose behalf the application is made; or 

3 ‘‘(ii) otherwise raise doubts with re4 spect to the findings required under sub5 section (c).’’. 

6 (5) TITLE VII.— 

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

8 section 703 is amended— 

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

10 and’’ and inserting a semicolon; 

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

12 the period at the end and inserting ‘‘; 

13 and’’; and 

14 (iii) by adding at the end the fol15 lowing new subparagraph: 

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

17 to the best knowledge of the applicant, the At18 torney General or a designated attorney for the 

19 Government has been apprised of all informa20 tion that might reasonably— 

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

22 the application or the reasonableness of 

23 any assessment in the application con24 ducted by the department or agency on 

25 whose behalf the application is made; or 


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1 ‘‘(ii) otherwise raise doubts with re2 spect to the findings required under sub3 section (c).’’. 

4 (B) SECTION 704.—Subsection (b) of sec5 tion 704 is amended— 

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

7 and’’ and inserting a semicolon; 

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

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

10 and 

11 (iii) by adding at the end the fol12 lowing new paragraph: 

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

14 best knowledge of the applicant, the Attorney Gen15 eral or a designated attorney for the Government 

16 has been apprised of all information that might rea17 sonably— 

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

19 application or the reasonableness of any assess20 ment in the application conducted by the de21 partment or agency on whose behalf the appli22 cation is made; or 

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

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


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1 (6) APPLICABILITY.—The amendments made 

2 by this subsection shall apply with respect to appli3 cations made on or after the date that is 120 days 

4 after the date of enactment of this Act. 

5 (7) ACCURACY PROCEDURES.—Not later than 

6 180 days after the date of the enactment of this Act, 

7 the Attorney General, in consultation with the Direc8 tor of the Federal Bureau of Investigation, shall 

9 issue procedures governing the review of case files, 

10 as appropriate, to ensure that applications to the 

11 Foreign Intelligence Surveillance Court under title I 

12 or III of the Foreign Intelligence Surveillance Act of 

13 1978 (50 U.S.C. 1801 et seq.) that target United 

14 States persons are accurate and complete. 

15 (b) DISCLOSURE OF EXCULPATORY INFORMATION.— 

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

17 amended by this Act, is further amended by adding 

18 at the end the following new paragraph: 

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

20 applicant or declarant that is potentially exculpatory 

21 regarding the requested legal findings or any assess22 ment in the application.’’. 

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

24 as amended by this Act, is further amended by add25 ing at the end the following: 


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

2 applicant or declarant that is potentially exculpatory 

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

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

6 as amended by this Act, is further amended— 

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

8 and inserting a semicolon; 

9 (B) in paragraph (4), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

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

12 paragraph: 

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

14 Federal officer seeking to use the pen register or 

15 trap and trace device covered by the application, 

16 that is potentially exculpatory regarding the re17 quested legal findings or any assessment in the ap18 plication.’’. 

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

20 as amended by this Act, is further amended— 

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

22 and’’ and inserting a semicolon; 

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

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

25 and 


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

2 subparagraph: 

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

4 the applicant that is potentially exculpatory re5 garding the requested legal findings or any as6 sessment in the application.’’. 

7 (5) TITLE VII.— 

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

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

10 amended— 

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

12 and’’ and inserting a semicolon; 

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

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing new subparagraph: 

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

19 the applicant or declarant that is potentially ex20 culpatory regarding the requested legal findings 

21 or any assessment in the application.’’. 

22 (B) SECTION 704.—Subsection (b) of sec23 tion 704, as amended by this Act, is further 

24 amended— 


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

2 and’’ and inserting a semicolon; 

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

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

5 and 

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

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

9 applicant or declarant that is potentially exculpatory 

10 regarding the requested legal findings or any assess11 ment in the application.’’. 

12 (6) APPLICABILITY.—The amendments made 

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

15 after the date of enactment of this Act. 

16 SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF IN17 VESTIGATION. 

18 (a) REVOCATION OF STATUTORY REPORTING EX19 EMPTION AND ADDITIONAL REPORTING REQUIREMENT

20 FOR FEDERAL BUREAU OF INVESTIGATION.— 

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

22 this Act, is further amended— 

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

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1 contents information)’’ after ‘‘unminimized con2 tents’’; 

3 (B) in subsection (d), by amending para4 graph (2) to read as follows: 

5 ‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL

6 ADDRESS AND TELEPHONE NUMBERS.—Paragraph 

7 (3)(B) of subsection (b) shall not apply to orders re8 sulting in the acquisition of information by the Fed9 eral Bureau of Investigation that does not include 

10 electronic mail addresses or telephone numbers.’’; 

11 and 

12 (C) by inserting the following new sub13 section: 

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

15 DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 

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

17 Federal Bureau of Investigation shall annually sub18 mit to the Permanent Select Committee on Intel19 ligence and the Committee on the Judiciary of the 

20 House of Representatives and the Select Committee 

21 on Intelligence and the Committee on the Judiciary 

22 of the Senate a report that includes— 

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

24 queries by the Federal Bureau of Investigation 


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1 of unminimized contents or noncontents ac2 quired pursuant to section 702(a); 

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

4 the Federal Bureau of Investigation’s batch job 

5 technology, or successor tool; 

6 ‘‘(C) the number of queries using the Fed7 eral Bureau of Investigation’s batch job tech8 nology, or successor tool, conducted by the Fed9 eral Bureau of Investigation against informa10 tion acquired pursuant to section 702(a) for 

11 which pre-approval was not obtained due to 

12 emergency circumstances; 

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

14 queries conducted by the Federal Bureau of In15 vestigation of unminimized contents or noncon16 tents acquired pursuant to section 702(a) solely 

17 to retrieve evidence of a crime; 

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

19 of United States person query terms used by 

20 the Federal Bureau of Investigation to conduct 

21 queries of unminimized contents or noncontents 

22 acquired pursuant to section 702(a) primarily 

23 to protect the United States person who is the 

24 subject of the query; and 


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

2 of United States person query terms used by 

3 the Federal Bureau of Investigation to conduct 

4 queries of unminimized contents or noncontents 

5 acquired pursuant to section 702(a) where the 

6 United States person who is the subject of the 

7 query is a target or subject of an investigation 

8 by the Federal Bureau of Investigation. 

9 ‘‘(2) PUBLIC AVAILABILITY.—Subject to declas10 sification review by the Attorney General and the 

11 Director of National Intelligence, each annual report 

12 submitted pursuant to paragraph (1) shall be avail13 able to the public during the first April following the 

14 calendar year covered by the report.’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall take effect on January 1, 

17 2025. 

18 SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BU19 REAU OF INVESTIGATION. 

20 (a) ANNUAL REPORTING ON DISCIPLINARY ACTIONS

21 BY FEDERAL BUREAU OF INVESTIGATION.—Section 603 

22 is amended— 

23 (1) by redesignating subsection (e) as sub24 section (g); and 

25 (2) by inserting the following new subsection: 


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1 ‘‘(e) MANDATORY REPORTING BY DIRECTOR OF

2 FEDERAL BUREAU OF INVESTIGATION.—The Director of 

3 the Federal Bureau of Investigation shall annually submit 

4 to the Permanent Select Committee on Intelligence and 

5 the Committee on Judiciary of the House of Representa6 tives and the Select Committee on Intelligence and the 

7 Committee on the Judiciary of the Senate, a report de8 scribing the accountability actions taken by the Federal 

9 Bureau of Investigation in the preceding 12-month period 

10 for noncompliant querying of information acquired under 

11 section 702 and any such actions taken pursuant to sec12 tion 103(m), to include the number of ongoing personnel 

13 investigations, the outcome of any completed personnel in14 vestigations and any related adverse personnel actions 

15 taken.’’. 

16 (b) ACCOUNTABILITY MEASURES FOR EXECUTIVE

17 LEADERSHIP OF FEDERAL BUREAU OF INVESTIGA18 TION.— 

19 (1) MEASURES REQUIRED.—The Director of 

20 the Federal Bureau of Investigation shall ensure 

21 that, as soon as practicable following the date of en22 actment of this Act, there are in effect measures for 

23 holding the executive leadership of each covered 

24 component appropriately accountable for ensuring 

25 compliance with covered procedures by the personnel 


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1 of the Federal Bureau of Investigation assigned to 

2 that covered component. Such measures shall in3 clude a requirement for an annual evaluation of the 

4 executive leadership of each such covered component 

5 with respect to ensuring such compliance during the 

6 preceding year. 

7 (2) BRIEFINGS REQUIRED.— 

8 (A) BRIEFINGS.—On a semiannual basis 

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

10 enactment of this Act, and on an annual basis 

11 thereafter, the Federal Bureau of Investigation 

12 shall provide to the appropriate congressional 

13 committees a briefing on the implementation of 

14 paragraph (1). 

15 (B) MATTERS.—Each briefing under sub16 paragraph (A) shall include, with respect to the 

17 period covered by the briefing, the following: 

18 (i) A description of specific measures 

19 under paragraph (1) that the Federal Bu20 reau of Investigation has implemented. 

21 (ii) A description of specific measures 

22 under such subsection that the Federal 

23 Bureau of Investigation has proposed to be 

24 implemented or modified, and the timeline 


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1 for such proposed implementation or modi2 fication. 

3 (iii) A summary of compliance with 

4 covered procedures by the personnel of the 

5 Federal Bureau of Investigation, 

6 disaggregated by covered component, and a 

7 description of any adverse personnel ac8 tions taken against, or other actions taken 

9 to ensure the appropriate accountability of, 

10 the executive leadership of covered compo11 nents that underperformed with respect to 

12 ensuring such compliance. 

13 (3) DEFINITIONS.—In this subsection: 

14 (A) APPROPRIATE CONGRESSIONAL COM15 MITTEES.—The term ‘‘appropriate congres16 sional committees’’ means— 

17 (i) the congressional intelligence com18 mittees, as such term is defined in sub19 section (b) of section 701 of the Foreign 

20 Intelligence Surveillance Act of 1978 (50 

21 U.S.C. 1881); and 

22 (ii) the Committees on the Judiciary 

23 of the House of Representatives and the 

24 Senate. 


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1 (B) COVERED COMPONENT.—The term 

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

3 Headquarters division, or other element of the 

4 Federal Bureau of Investigation with personnel 

5 who have access to the unminimized contents of 

6 communications obtained through acquisitions 

7 authorized under section 702(a). 

8 (C) COVERED PROCEDURE.—The term 

9 ‘‘covered procedure’’— 

10 (i) means any procedure governing the 

11 use of authorities under the Foreign Intel12 ligence Surveillance Act of 1978 (50 

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

14 (ii) includes querying procedures and 

15 minimization procedures adopted pursuant 

16 to such Act. 

17 (D) EXECUTIVE LEADERSHIP.—The term 

18 ‘‘executive leadership’’ includes— 

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

20 Federal Bureau of Investigation, an Assist21 ant Director in Charge or Special Agent in 

22 Charge of the field office; and 

23 (ii) with respect to a division of the 

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1 quarters, an Assistant Director of the divi2 sion. 

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

4 (a) PENALTIES FOR UNAUTHORIZED DISCLOSURE OF

5 APPLICATION FOR ELECTRONIC SURVEILLANCE.— 

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

7 109 is amended— 

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

9 by striking ‘‘intentionally’’; 

10 (B) in paragraph (1)— 

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

12 ‘‘engages in’’; and 

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

14 semicolon; 

15 (C) in paragraph (2)— 

16 (i) by striking ‘‘disclose’’ and insert17 ing ‘‘intentionally discloses’’; and 

18 (ii) by striking the period at the end 

19 and inserting ‘‘; or’’; and 

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

21 paragraph: 

22 ‘‘(3) knowingly and willfully communicates, fur23 nishes, transmits, or otherwise makes available to an 

24 unauthorized person, or publishes, or uses in any 

25 manner prejudicial to the safety or interest of the 


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1 United States or for the benefit of any foreign gov2 ernment to the detriment of the United States an 

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

4 electronic surveillance under this Act.’’. 

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

6 of such section is amended by striking ‘‘under sub7 section (a)’’ and inserting ‘‘under paragraph (1) or 

8 (2) of subsection (a)’’. 

9 (b) INCREASED CRIMINAL PENALTIES FOR OFFENSE

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

11 to read as follows: 

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

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

14 more than 10 years, or both.’’. 

15 (c) CRIMINAL PENALTIES FOR UNAUTHORIZED DIS16 CLOSURE OF CERTAIN INCIDENTALLY COLLECTED

17 UNITED STATES PERSON INFORMATION.—Title VII is 

18 amended by inserting the following new section: 

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

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

21 under this section if that person knowingly and willfully 

22 communicates, furnishes, transmits, or otherwise makes 

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

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

25 United States or for the benefit of any foreign government 


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1 to the detriment of the United States any classified infor2 mation that contains the contents of any communication 

3 acquired under this title to which a known United States 

4 person is a party. 

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

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

7 more than 8 years, or both. 

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

9 over an offense under this section if the person committing 

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

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

12 (d) SENTENCING ENHANCEMENT FOR FALSE DEC13 LARATIONS BEFORE FOREIGN INTELLIGENCE SURVEIL14 LANCE COURT.—Subsection (a) of section 1623 of title 

15 18, United States Code, is amended by inserting before 

16 ‘‘, or both’’ the following: ‘‘or, if such proceedings are be17 fore or ancillary to the Foreign Intelligence Surveillance 

18 Court or the Foreign Intelligence Surveillance Court of 

19 Review established by section 103 of the Foreign Intel20 ligence Surveillance Act of 1978 (50 U.S.C. 1803), impris21 oned not more than ten years’’. 

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

23 (a) CONTEMPTS CONSTITUTING CRIMES.—Section 

24 402 of title 18, United States Code, is amended by insert25 ing after ‘‘any district court of the United States’’ the folVerDate Sep 11 2014 01:37 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H7888.IH H7888

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1 lowing: ‘‘, including the Foreign Intelligence Surveillance 

2 Court or the Foreign Intelligence Surveillance Court of 

3 Review established by section 103 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 

5 (b) ANNUAL REPORTING ON CONTEMPT.—Sub6 section (a)(1) of section 603 is amended— 

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

8 and inserting a semicolon; 

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

10 and inserting ‘‘; and’’; and 

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

12 ‘‘(G) the number of times the Foreign In13 telligence Surveillance Court and the Foreign 

14 Intelligence Surveillance Court of Review exer15 cised authority under chapter 21 of title 18, 

16 United States Code and a description of each 

17 use of such authority.’’. 

18 SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 

19 (a) INCREASED PENALTIES.—Subsection (a) of sec20 tion 110 is amended to read as follows: 

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

22 damages equal to the greater of— 

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

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

25 violation; or 


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

2 $100 per day for each day of violation;’’. 

3 (b) REPORTING REQUIREMENT.—Title I of the For4 eign Intelligence Surveillance Act of 1978 is amended by 

5 inserting after section 110 the following: 

6 ‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL AC7 TIONS. 

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

9 a person has violated this Act in a civil action under sec10 tion 110, the head of the agency that employs that person 

11 shall report to Congress on the administrative action 

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

13 any other provision of law. 

14 ‘‘(b) REPORT TO FOREIGN INTELLIGENCE SURVEIL15 LANCE COURT.—If a court finds that a person has vio16 lated this Act in a civil action under section 110, the head 

17 of the agency that employs that person shall report the 

18 name of such person to the Foreign Intelligence Surveil19 lance Court. The Foreign Intelligence Surveillance Court 

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

21 a report under this subsection.’’. 


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1 SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RE2 LATING TO QUERIES CONDUCTED BY THE 

3 FEDERAL BUREAU OF INVESTIGATION. 

4 (a) REQUIREMENT FOR ADOPTION OF CERTAIN MIN5 IMUM ACCOUNTABILITY STANDARDS.— 

6 (1) MINIMUM ACCOUNTABILITY STANDARDS.— 

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

8 Act, is further amended by inserting after paragraph 

9 (3) the following new paragraph: 

10 ‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.— 

11 The Director of the Federal Bureau of Investigation 

12 shall issue minimum accountability standards that 

13 set forth escalating consequences for noncompliant 

14 querying of United States person terms within the 

15 contents of communications that were acquired 

16 under this section. Such standards shall include, at 

17 minimum, the following: 

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

19 ‘‘(B) Escalating consequences for uninten20 tional noncompliance, including the threshold 

21 for mandatory revocation of access to query in22 formation acquired under this section. 

23 ‘‘(C) Consequences for supervisors who 

24 oversee users that engage in noncompliant que25 ries.’’. 


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

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

3 of the Federal Bureau of Investigation shall issue 

4 the minimum accountability standards required 

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

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

7 1881a). 

8 (3) REPORTS.— 

9 (A) SUBMISSION OF STANDARDS.—Not 

10 later than 90 days after the date of the enact11 ment of this Act, the Director of the Federal 

12 Bureau of Investigation shall submit to the ap13 propriate congressional committees the min14 imum accountability standards issued under 

15 paragraph (1). 

16 (B) ANNUAL REPORT ON IMPLEMENTA17 TION.—Not later than December 1, 2024, and 

18 annually thereafter for 3 years, the Director of 

19 the Federal Bureau of Investigation shall sub20 mit to the appropriate congressional committees 

21 a report detailing each adverse personnel action 

22 taken pursuant to the minimum accountability 

23 standards and a description of the conduct that 

24 led to each such action. 


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1 (4) DEFINITION OF APPROPRIATE CONGRES2 SIONAL COMMITTEES.—In this section, the term 

3 ‘‘appropriate congressional committees’’ means— 

4 (A) the congressional intelligence commit5 tees, as such term is defined in subsection (b) 

6 of section 701 of the Foreign Intelligence Sur7 veillance Act of 1978 (50 U.S.C. 1881); and 

8 (B) the Committees on the Judiciary of 

9 the House of Representatives and of the Sen10 ate. 

11 SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS 

12 FOR MISCONDUCT BEFORE FOREIGN INTEL13 LIGENCE SURVEILLANCE COURT. 

14 (a) REMOVAL OR SUSPENSION OF FEDERAL OFFI15 CERS FOR MISCONDUCT BEFORE FOREIGN INTEL16 LIGENCE SURVEILLANCE COURT.—Section 103, as 

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

18 end the following new subsection: 

19 ‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFI20 CERS FOR MISCONDUCT BEFORE COURTS.—An officer or 

21 employee of the United States Government who engages 

22 in intentional misconduct with respect to proceedings be23 fore the Foreign Intelligence Surveillance Court or the 

24 Foreign Intelligence Surveillance Court of Review shall be 

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1 imum, suspension without pay or removal, up to and in2 cluding termination.’’. 

3 SEC. 18. REPORTS AND OTHER MATTERS. 

4 (a) NOTIFICATION TO CONGRESS OF CERTAIN UNAU5 THORIZED DISCLOSURES.—If the Director of National In6 telligence becomes aware of an actual or potential signifi7 cant unauthorized disclosure or compromise of informa8 tion acquired under section 702 of the Foreign Intelligence 

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

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

11 which the Director becomes so aware, the Director shall 

12 notify the congressional intelligence committees of such 

13 actual or potential disclosure or compromise. 

14 (b) REPORT ON TECHNOLOGY NEEDED FOR NEAR15 REAL TIME MONITORING OF FEDERAL BUREAU OF IN16 VESTIGATION COMPLIANCE.— 

17 (1) STUDY REQUIRED.—The Director of Na18 tional Intelligence, in coordination with the National 

19 Security Agency and in consultation with the Fed20 eral Bureau of Investigation, shall conduct a study 

21 on technological enhancements that would enable the 

22 Federal Bureau of Investigation to conduct near-real 

23 time monitoring of compliance in any system of the 

24 Federal Bureau of Investigation that stores informa25 tion acquired under section 702. Such study shall 


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1 consider the potential cost and assess the feasibility 

2 of implementation within a period of one year of 

3 each technological enhancement under consideration. 

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

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

6 National Intelligence shall submit the results of the 

7 study to the appropriate congressional committees. 

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

9 ‘‘appropriate congressional committees’’ means— 

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

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

14 (B) the Committees on the Judiciary of 

15 the House of Representatives and the Senate. 

16 (c) FISA REFORM COMMISSION.— 

17 (1) ESTABLISHMENT.— 

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

19 commission to consider ongoing reforms to the 

20 Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1801 et seq.). 

22 (B) DESIGNATION.—The commission es23 tablished under subparagraph (A) shall be 

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

25 this section the ‘‘Commission’’). 


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1 (2) MEMBERSHIP.— 

2 (A) COMPOSITION.— 

3 (i) IN GENERAL.—Subject to clause 

4 (ii), the Commission shall be composed of 

5 the following members: 

6 (I) The Principal Deputy Direc7 tor of National Intelligence. 

8 (II) The Deputy Attorney Gen9 eral. 

10 (III) The Deputy Secretary of 

11 Defense. 

12 (IV) The Deputy Secretary of 

13 State. 

14 (V) The Chair of the Privacy and 

15 Civil Liberties Oversight Board. 

16 (VI) Three members appointed 

17 by the majority leader of the Senate, 

18 in consultation with the Chairman of 

19 the Select Committee on Intelligence 

20 of the Senate and the Chairman of 

21 the Committee on the Judiciary of the 

22 Senate, 1 of whom shall be a member 

23 of the Senate and 2 of whom shall not 

24 be. 


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1 (VII) Three members appointed 

2 by the minority leader of the Senate, 

3 in consultation with the Vice Chair4 man of the Select Committee on Intel5 ligence of the Senate and the Ranking 

6 Member of the Committee on the Ju7 diciary of the Senate, 1 of whom shall 

8 be a member of the Senate and 2 of 

9 whom shall not be. 

10 (VIII) Three members appointed 

11 by the Speaker of the House of Rep12 resentatives, in consultation with the 

13 Chairman of the Permanent Select 

14 Committee on Intelligence of the 

15 House of Representatives and the 

16 Chairman of the Committee on the 

17 Judiciary of the House of Representa18 tives, 1 of whom shall be a member of 

19 the House of Representatives and 2 of 

20 whom shall not be. 

21 (IX) Three members appointed 

22 by the minority leader of the House of 

23 Representatives, in consultation with 

24 the Ranking Member of the Perma25 nent Select Committee on Intelligence 


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1 of the House of Representatives and 

2 the Ranking Member of the Com3 mittee on the Judiciary of the House 

4 of Representatives, 1 of whom shall be 

5 a member of the House of Represent6 atives and 2 of whom shall not be. 

7 (ii) NONMEMBERS OF CONGRESS.— 

8 (I) QUALIFICATIONS.—The mem9 bers of the Commission who are not 

10 members of Congress and who are ap11 pointed under subclauses (VI) through 

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

13 who are nationally recognized for ex14 pertise, knowledge, or experience in— 

15 (aa) use of intelligence infor16 mation by the intelligence com17 munity (as defined in section 3 of 

18 the National Security Act of 

19 1947 (50 U.S.C. 3003)), national 

20 policymakers, and military lead21 ers; 

22 (bb) the implementation, 

23 funding, or oversight of the na24 tional security laws of the United 

25 States; 


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1 (cc) privacy, civil liberties, 

2 and transparency; or 

3 (dd) laws and policies gov4 erning methods of electronic sur5 veillance. 

6 (II) CONFLICTS OF INTEREST.— 

7 An official who appoints members of 

8 the Commission may not appoint an 

9 individual as a member of the Com10 mission if such individual possesses 

11 any personal or financial interest in 

12 the discharge of any of the duties of 

13 the Commission. 

14 (III) SECURITY CLEARANCES.— 

15 All members of the Commission de16 scribed in subclause (I) shall possess 

17 an appropriate security clearance in 

18 accordance with applicable provisions 

19 of law concerning the handling of 

20 classified information. 

21 (B) CO-CHAIRS.— 

22 (i) IN GENERAL.—The Commission 

23 shall have 2 co-chairs, selected from among 

24 the members of the Commission. 


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1 (ii) AGREEMENT.—The individuals 

2 who serve as the co-chairs of the Commis3 sion shall be agreed upon by the members 

4 of the Commission. 

5 (3) APPOINTMENT; INITIAL MEETING.— 

6 (A) APPOINTMENT.—Members of the Com7 mission shall be appointed not later than 90 

8 days after the date of the enactment of this 

9 Act. 

10 (B) INITIAL MEETING.—The Commission 

11 shall hold its initial meeting on or before the 

12 date that is 180 days after the date of the en13 actment of this Act. 

14 (4) MEETINGS; QUORUM; VACANCIES.— 

15 (A) IN GENERAL.—After its initial meet16 ing, the Commission shall meet upon the call of 

17 the co-chairs of the Commission. 

18 (B) QUORUM.—Nine members of the Com19 mission shall constitute a quorum for purposes 

20 of conducting business, except that 2 members 

21 of the Commission shall constitute a quorum 

22 for purposes of receiving testimony. 

23 (C) VACANCIES.—Any vacancy in the Com24 mission shall not affect its powers, but shall be 


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1 filled in the same manner in which the original 

2 appointment was made. 

3 (D) QUORUM WITH VACANCIES.—If vacan4 cies in the Commission occur on any day after 

5 90 days after the date of the enactment of this 

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

7 members of the Commission as of such day. 

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

9 are as follows: 

10 (A) To review the effectiveness of the cur11 rent implementation of the Foreign Intelligence 

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

13 seq.). 

14 (B) To develop recommendations for legis15 lative action to reform the Foreign Intelligence 

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

17 seq.) that provide for the effective conduct of 

18 United States intelligence activities and the 

19 protection of privacy and civil liberties. 

20 (6) POWERS OF COMMISSION.— 

21 (A) IN GENERAL.— 

22 (i) HEARINGS.—The Commission or, 

23 on the authorization of the Commission, 

24 any subcommittee or member thereof, may, 


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1 for the purpose of carrying out this sec2 tion— 

3 (I) hold such hearings and sit 

4 and act at such times and places, take 

5 such testimony, receive such evidence, 

6 and administer such oaths; and 

7 (II) require, by subpoena or oth8 erwise, the attendance and testimony 

9 of such witnesses and the production 

10 of such books, records, correspond11 ence, memoranda, papers, and docu12 ments, as the Commission or such 

13 designated subcommittee or des14 ignated member considers necessary. 

15 (ii) ISSUANCE AND ENFORCEMENT OF

16 SUBPOENAS.— 

17 (I) ISSUANCE.—A subpoena 

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

19 (aa) bear the signature of 

20 the co-chairs of the Commission; 

21 and 

22 (bb) be served by a person 

23 or class of persons designated by 

24 the co-chairs for that purpose. 


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1 (II) ENFORCEMENT.—The provi2 sions of sections 102 through 104 of 

3 the Revised Statutes of the United 

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

5 in the case of any failure of a witness 

6 to comply with any subpoena or to 

7 testify when summoned under author8 ity of this paragraph. 

9 (B) INFORMATION FROM FEDERAL AGEN10 CIES.— 

11 (i) IN GENERAL.—The Commission 

12 may secure directly from any executive de13 partment, agency, bureau, board, commis14 sion, office, independent establishment, or 

15 instrumentality of the Federal Government 

16 information, suggestions, estimates, and 

17 statistics for the purposes of this section. 

18 (ii) FURNISHING INFORMATION.— 

19 Each such department, agency, bureau, 

20 board, commission, office, establishment, 

21 or instrumentality described in clause (i) 

22 shall, to the extent authorized by law, fur23 nish such information, suggestions, esti24 mates, and statistics directly to the ComVerDate Sep 11 2014 01:37 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H7888.IH H7888

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1 mission, upon request of the co-chairs of 

2 the Commission. 

3 (iii) PROTECTION OF CLASSIFIED IN4 FORMATION.—The Commission shall han5 dle and protect all classified information 

6 provided to it under this section in accord7 ance with applicable provisions of law. 

8 (C) ASSISTANCE FROM FEDERAL AGEN9 CIES.— 

10 (i) DIRECTOR OF NATIONAL INTEL11 LIGENCE.—The Director of National Intel12 ligence shall provide to the Commission, on 

13 a nonreimbursable basis, such administra14 tive services, funds, staff, facilities, and 

15 other support services as are necessary for 

16 the performance of the duties of the Com17 mission under this section. 

18 (ii) ATTORNEY GENERAL.—The Attor19 ney General may provide the Commission, 

20 on a nonreimbursable basis, with such ad21 ministrative services, staff, and other sup22 port services as the Commission may re23 quest. 

24 (iii) OTHER DEPARTMENTS AND

25 AGENCIES.—In addition to the assistance 


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1 set forth in clauses (i) and (ii), other de2 partments and agencies of the United 

3 States may provide the Commission such 

4 services, funds, facilities, staff, and other 

5 support as such departments and agencies 

6 consider advisable and as may be author7 ized by law. 

8 (iv) COOPERATION.—The Commission 

9 shall receive the full and timely cooperation 

10 of any official, department, or agency of 

11 the Federal Government whose assistance 

12 is necessary, as jointly determined by the 

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

14 for the fulfillment of the duties of the 

15 Commission, including the provision of full 

16 and current briefings and analyses. 

17 (D) POSTAL SERVICES.—The Commission 

18 may use the United States postal services in the 

19 same manner and under the same conditions as 

20 the departments and agencies of the Federal 

21 Governments. 

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

23 Commission may receive a gift or benefit by 

24 reason of the service of such member or staff 

25 to the Commission. 


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1 (7) STAFF OF COMMISSION.— 

2 (A) APPOINTMENT AND COMPENSATION OF

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

4 accordance with rules agreed upon by the Com5 mission, shall appoint and fix the compensation 

6 of a staff director and such other personnel as 

7 may be necessary to enable the Commission to 

8 carry out its duties, without regard to the pro9 visions of title 5, United States Code, governing 

10 appointments in the competitive service, and 

11 without regard to the provisions of chapter 51 

12 and subchapter III of chapter 53 of such title 

13 relating to classification and General Schedule 

14 pay rates, except that no rate of pay fixed 

15 under this subsection may exceed the equivalent 

16 of that payable to a person occupying a position 

17 at level V of the Executive Schedule under sec18 tion 5316 of such title. 

19 (B) DETAIL OF GOVERNMENT EMPLOY20 EES.—Any Federal Government employee may 

21 be detailed to the Commission without reim22 bursement from the Commission, and such 

23 detailee shall retain the rights, status, and 

24 privileges of his or her regular employment 

25 without interruption. 


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1 (C) SECURITY CLEARANCES.—All staff of 

2 the Commission and all experts and consultants 

3 employed by the Commission shall possess a se4 curity clearance in accordance with applicable 

5 provisions of law concerning the handling of 

6 classified information. 

7 (8) COMPENSATION AND TRAVEL EXPENSES.— 

8 (A) COMPENSATION OF MEMBERS.— 

9 (i) IN GENERAL.—Except as provided 

10 in subparagraph (B), each member of the 

11 Commission may be compensated at not to 

12 exceed the daily equivalent of the annual 

13 rate of basic pay in effect for a position at 

14 level IV of the Executive Schedule under 

15 section 5315 of title 5, United States 

16 Code, for each day during which that 

17 member is engaged in the actual perform18 ance of the duties of the Commission 

19 under this title. 

20 (ii) EXCEPTION.—Members of the 

21 Commission who are officers or employees 

22 of the United States or Members of Con23 gress shall receive no additional pay by 

24 reason of their service on the Commission. 


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1 (B) TRAVEL EXPENSES.—While away from 

2 their homes or regular places of business in the 

3 performance of services for the Commission, a 

4 member of the Commission may be allowed 

5 travel expenses, including per diem in lieu of 

6 subsistence, in the same manner as persons em7 ployed intermittently in the Government service 

8 are allowed expenses under section 5703 of title 

9 5, United States Code. 

10 (9) TREATMENT OF INFORMATION RELATING

11 TO NATIONAL SECURITY.— 

12 (A) IN GENERAL.—The Director of Na13 tional Intelligence shall assume responsibility 

14 for the handling and disposition of any informa15 tion related to the national security of the 

16 United States that is received, considered, or 

17 used by the Commission under this title. 

18 (B) INFORMATION PROVIDED BY CONGRES19 SIONAL INTELLIGENCE COMMITTEES.—Any in20 formation related to the national security of the 

21 United States that is provided to the Commis22 sion by a congressional intelligence committee 

23 may not be further provided or released without 

24 the approval of the chairman of such com25 mittee. 


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1 (C) ACCESS AFTER TERMINATION OF COM2 MISSION.—Notwithstanding any other provision 

3 of law, after the termination of the Commission 

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

5 and designated staff of the congressional intel6 ligence committees, the Director of National In7 telligence (and the designees of the Director), 

8 and such other officials of the executive branch 

9 of the Federal Government as the President 

10 may designate shall have access to information 

11 related to the national security of the United 

12 States that is received, considered, or used by 

13 the Commission. 

14 (10) FINAL REPORT; TERMINATION.— 

15 (A) FINAL REPORT.— 

16 (i) DEFINITIONS.—In this subpara17 graph: 

18 (I) APPROPRIATE COMMITTEES

19 OF CONGRESS.—The term ‘‘appro20 priate committees of Congress’’ 

21 means— 

22 (aa) the congressional intel23 ligence committees; 

24 (bb) the Committee on the 

25 Judiciary of the Senate; and 


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1 (cc) the Committee on the 

2 Judiciary of the House of Rep3 resentatives. 

4 (II) CONGRESSIONAL LEADER5 SHIP.—The term ‘‘congressional lead6 ership’’ means— 

7 (aa) the majority leader of 

8 the Senate; 

9 (bb) the minority leader of 

10 the Senate; 

11 (cc) the Speaker of the 

12 House of Representatives; and 

13 (dd) the minority leader of 

14 the House of Representatives. 

15 (ii) FINAL REPORT REQUIRED.—Not 

16 later than 5 years from the date of enact17 ment of this Act, the Commission shall 

18 submit to the appropriate committees of 

19 Congress, congressional leadership, the Di20 rector of National Intelligence, and the At21 torney General a final report on the find22 ings of the Commission. 

23 (iii) FORM OF FINAL REPORT.—The 

24 final report submitted pursuant to clause 


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1 (ii) shall be in unclassified form but may 

2 include a classified annex. 

3 (iv) ASSESSMENTS OF FINAL RE4 PORT.—Not later than 1 year after receipt 

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

6 Director of National Intelligence and the 

7 Attorney General shall each submit to the 

8 appropriate committees of Congress and 

9 congressional leadership an assessment of 

10 such report. 

11 (B) TERMINATION.— 

12 (i) IN GENERAL.—The Commission, 

13 and all the authorities of this section, shall 

14 terminate on the date that is 2 years after 

15 the date on which the final report is sub16 mitted under subparagraph (A)(ii). 

17 (ii) WIND-DOWN PERIOD.—The Com18 mission may use the 2-year period referred 

19 to in clause (i) for the purposes of con20 cluding its activities, including providing 

21 testimony to Congress concerning the final 

22 report referred to in that paragraph and 

23 disseminating the report. 

24 (11) INAPPLICABILITY OF CERTAIN ADMINIS25 TRATIVE PROVISIONS.— 


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1 (A) FEDERAL ADVISORY COMMITTEE

2 ACT.—The provisions of the Federal Advisory 

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

4 to the activities of the Commission under this 

5 section. 

6 (B) FREEDOM OF INFORMATION ACT.— 

7 The provisions of section 552 of title 5, United 

8 States Code (commonly referred to as the 

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

10 to the activities, records, and proceedings of the 

11 Commission under this section. 

12 (12) FUNDING.— 

13 (A) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appropriated 

15 funds to the extent and in such amounts as spe16 cifically provided in advance in appropriations 

17 acts for the purposes detailed in this subsection. 

18 (B) AVAILABILITY IN GENERAL.—Subject 

19 to subparagraph (A), the Director of National 

20 Intelligence shall make available to the Commis21 sion such amounts as the Commission may re22 quire for purposes of the activities of the Com23 mission under this section. 

24 (C) DURATION OF AVAILABILITY.— 

25 Amounts made available to the Commission 


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1 under subparagraph (B) shall remain available 

2 until expended or upon termination under para3 graph (10)(B), whichever occurs first. 

4 (13) CONGRESSIONAL INTELLIGENCE COMMIT5 TEES DEFINED.—In this subsection, the term ‘‘con6 gressional intelligence committees’’ means— 

7 (A) the Select Committee on Intelligence of 

8 the Senate; and 

9 (B) the Permanent Select Committee on 

10 Intelligence of the House of Representatives. 

11 (d) SEVERABILITY; APPLICABILITY DATE.— 

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

13 Act, any amendment made by this Act, or the appli14 cation thereof to any person or circumstances is held 

15 invalid, the validity of the remainder of the Act, of 

16 any such amendments, and of the application of 

17 such provisions to other persons and circumstances 

18 shall not be affected thereby. 

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

20 section 702 of the Foreign Intelligence Surveillance 

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

22 Act, shall apply with respect to certifications sub23 mitted under subsection (h) of such section to the 

24 Foreign Intelligence Surveillance Court after Janu25 ary 1, 2024. 


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

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

3 403(b) of the FISA Amendments Act of 2008 (Public Law 

4 110–261; 122 Stat. 2474) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘April 19, 2024’’ and in7 serting ‘‘five years after the date of enactment 

8 of the Reforming Intelligence and Securing 

9 America Act’’; and 

10 (B) by inserting ‘‘and the Reforming Intel11 ligence and Securing America Act’’ after ‘‘the 

12 FISA Amendments Reauthorization Act of 

13 2017’’; and 

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

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

16 inserting ‘‘five years after the date of enactment of 

17 the Reforming Intelligence and Securing America 

18 Act’’. 

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

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

21 122 Stat. 2476), is amended— 

22 (1) in paragraph (1)— 

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

24 2024’’ and inserting ‘‘FIVE YEARS AFTER THE

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1 TELLIGENCE AND SECURING AMERICA ACT’’; 

2 and 

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

5 FISA Amendments Reauthorization Act of 

6 2017’’; 

7 (2) in paragraph (2), by inserting ‘‘and the Re8 forming Intelligence and Securing America Act’’ 

9 after ‘‘the FISA Amendments Reauthorization Act 

10 of 2017’’; and 

11 (3) in paragraph (4), by inserting ‘‘and the Re12 forming Intelligence and Securing America Act’’ 

13 after ‘‘the FISA Amendments Reauthorization Act 

14 of 2017’’ in each place it appears. 

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

16 enactment of this Act, the Foreign Intelligence Surveil17 lance Act of 1978 is amended so that section 702 reads 

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

19 Act. 

20 SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

21 SURVEILLANCE ACT OF 1978. 

22 (a) REFERENCES TO FOREIGN INTELLIGENCE SUR23 VEILLANCE ACT OF 1978.—Except as otherwise expressly 

24 provided, whenever in this Act an amendment or repeal 

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


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1 of, a section or other provision, the reference shall be con2 sidered to be made to a section or other provision of the 

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

4 1801 et seq.). 

5 (b) EFFECT OF CERTAIN AMENDMENTS ON CON6 FORMING CHANGES TO TABLES OF CONTENTS.—When an 

7 amendment made by this Act adds a section or larger or8 ganizational unit to the Foreign Intelligence Surveillance 

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

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

11 amends the designation or heading of a section or larger 

12 organizational unit in such Act, that amendment also shall 

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

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

15 the amendment. 

16 SEC. 21. REQUIREMENT FOR RECERTIFICATION. 

17 Notwithstanding any orders or authorizations issued 

18 or made under section 702 of the Foreign Intelligence 

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

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

21 19, 2024, no later than 90 days after the date of enact22 ment of this Act, the Attorney General and the Director 

23 of National Intelligence shall be required to seek new or24 ders consistent with the provisions of the Foreign Intel25 ligence Surveillance Act of 1978, as amended by this Act, 


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1 and thereafter to issue new authorizations consistent with 

2 such new orders. 

Æ 


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