II 

118TH CONGRESS 

1ST SESSION S. 3351 

To amend the Foreign Intelligence Surveillance Act of 1978 to extend certain 

expiring authorities, to restore certain expired authorities, and to institute reforms to protect the civil liberties of United States persons, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 28, 2023 

Mr. WARNER (for himself, Mr. RUBIO, Mr. GRAHAM, Mr. WICKER, Ms. COLLINS, Mr. KING, Mr. BENNET, Mr. CASEY, Mrs. GILLIBRAND, Mr. 

ROUNDS, Mr. KELLY, Ms. KLOBUCHAR, Mr. MORAN, Mr. LANKFORD, 

and Mr. WHITEHOUSE) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Foreign Intelligence Surveillance Act of 1978 

to extend certain expiring authorities, to restore certain 

expired authorities, and to institute reforms to protect 

the civil liberties of United States persons, and for other 

purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Foreign Intelligence Surveillance Act of 1978 Reform 


SSpencer on DSK126QN23PROD with BILLS
2 

•S 3351 IS

1 and Reauthorization Act of 2023’’ or the ‘‘FISA Reform 

2 and Reauthorization Act of 2023’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REFORM AND REAUTHORIZATION OF TITLE VII OF 

FISA 

Sec. 101. Extension of title VII of FISA. 

Sec. 102. Expanded protections for United States person queries. 

Sec. 103. Federal Bureau of Investigation compliance requirements. 

Sec. 104. Additional reporting regarding the FBI’s use of section 702 of FISA. 

Sec. 105. Increased oversight of activities involving Members of Congress. 

Sec. 106. Exception for consensual queries. 

Sec. 107. Procedures to enable travel vetting of non-United States persons. 

TITLE II—ACCURACY AND INTEGRITY OF FISA PROCESS 

Sec. 201. Certifications regarding accuracy of FISA applications. 

Sec. 202. Submission of court transcripts to Congress. 

Sec. 203. Enhanced authorities for amicus curiae. 

Sec. 204. Prohibition on use of politically derived information in applications 

for certain orders by the Foreign Intelligence Surveillance 

Court. 

Sec. 205. Investigations relating to Federal candidates and elected Federal officials. 

Sec. 206. Removal or suspension of Federal officers for misconduct before Foreign Intelligence Surveillance Court. 

Sec. 207. Additional penalties for offenses relating to FISA. 

Sec. 208. Contempts constituting crimes before the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court 

of Review. 

Sec. 209. Effective and independent advice for the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of 

Review. 

Sec. 210. Enhancements to congressional oversight. 

Sec. 211. Establishment of compliance officers. 

Sec. 212. FISA Reform Commission. 


SSpencer on DSK126QN23PROD with BILLS
3 

•S 3351 IS

1 TITLE I—REFORM AND REAU2 THORIZATION OF TITLE VII 

3 OF FISA 

4 SEC. 101. EXTENSION OF TITLE VII OF FISA. 

5 (a) EXTENSION.—Section 403(b) of the Foreign In6 telligence Surveillance Act of 1978 Amendments Act of 

7 2008 is amended— 

8 (1) in paragraph (1) (Public Law 110–261; 50 

9 U.S.C. 1881 note)— 

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

11 inserting ‘‘ ‘December 31, 2035’’; and 

12 (B) by striking ‘‘and by the FISA Amend13 ments Reauthorization Act of 2017’’ and insert14 ing ‘‘, the FISA Amendments Reauthorization 

15 Act of 2017, and the Foreign Intelligence Sur16 veillance Act of 1978 Reform and Reauthoriza17 tion Act of 2023’’; and 

18 (2) in paragraph (2) (Public Law 110–261; 18 

19 U.S.C. 2511 note), in the matter preceding subpara20 graph (A), by striking ‘‘December 31, 2023’’ and in21 serting ‘‘December 31, 2035’’. 

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

23 the Foreign Intelligence Surveillance Act of 1978 Amend24 ments Act of 2008 is amended— 

25 (1) in paragraph (1)— 


SSpencer on DSK126QN23PROD with BILLS
4 

•S 3351 IS

1 (A) in the paragraph heading, by striking 

2 ‘‘DECEMBER 31, 2023’’ and inserting ‘‘DECEM3 BER 31, 2035’’; and 

4 (B) by striking ‘‘and by the FISA Amend5 ments Reauthorization Act of 2017’’ and insert6 ing ‘‘, the FISA Amendments Reauthorization 

7 Act of 2017, and the Foreign Intelligence Sur8 veillance Act of 1978 Reform and Reauthoriza9 tion Act of 2023’’; 

10 (2) in paragraph (2), by striking ‘‘and by the 

11 FISA Amendments Reauthorization Act of 2017’’ 

12 and inserting ‘‘, the FISA Amendments Reauthor13 ization Act of 2017, and the Foreign Intelligence 

14 Surveillance Act of 1978 Reform and Reauthoriza15 tion Act of 2023’’; and 

16 (3) in paragraph (4), by striking ‘‘and by the 

17 FISA Amendments Reauthorization Act of 2017’’ 

18 each place it appears and inserting ‘‘, the FISA 

19 Amendments Reauthorization Act of 2017, and the 

20 Foreign Intelligence Surveillance Act of 1978 Re21 form and Reauthorization Act of 2023’’. 


SSpencer on DSK126QN23PROD with BILLS
5 

•S 3351 IS

1 SEC. 102. EXPANDED PROTECTIONS FOR UNITED STATES 

2 PERSON QUERIES. 

3 Paragraph (2) of section 702(f) of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is 

5 amended to read as follows: 

6 ‘‘(2) PROHIBITION OF QUERIES THAT ARE

7 SOLELY DESIGNED TO FIND AND EXTRACT EVI8 DENCE OF A CRIME.— 

9 ‘‘(A) PROHIBITION.—Except as provided 

10 by subparagraph (B), the querying procedures 

11 adopted under paragraph (1) shall prohibit que12 ries of information collected pursuant to an au13 thorization under subsection (a) that are solely 

14 designed to find and extract evidence of crimi15 nal activity. 

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

17 subparagraph (A) prohibiting certain queries of 

18 information collected pursuant to an authoriza19 tion under subsection (a) shall not apply with 

20 respect to a query if— 

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

22 such query may retrieve information that 

23 could assist in mitigating or eliminating a 

24 threat to life or serious bodily harm; or 

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


SSpencer on DSK126QN23PROD with BILLS
6 

•S 3351 IS

1 preserved in connection with a litigation 

2 matter or to fulfill discovery obligations in 

3 criminal matters under the laws of the 

4 United States or any State thereof.’’. 

5 SEC. 103. FEDERAL BUREAU OF INVESTIGATION COMPLI6 ANCE REQUIREMENTS. 

7 Section 702(f) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1881a(f)), as amended by 

9 section 102, is further amended— 

10 (1) by redesignating paragraph (3) as para11 graph (5); and 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) REQUIREMENTS RELATING TO FEDERAL

15 BUREAU OF INVESTIGATION.— 

16 ‘‘(A) IN GENERAL.—For any procedures 

17 adopted under paragraph (1) for the Federal 

18 Bureau of Investigation, the Attorney General, 

19 in consultation with the Director of National 

20 Intelligence, shall also ensure that the proce21 dures— 

22 ‘‘(i) prohibit personnel of the Bureau 

23 from conducting any query, unless such 

24 personnel successfully complete relevant 

25 training; 


SSpencer on DSK126QN23PROD with BILLS
7 

•S 3351 IS

1 ‘‘(ii) require that all systems of the 

2 Bureau that store unminimized contents or 

3 noncontents obtained through acquisitions 

4 authorized under subsection (a) together 

5 with contents or noncontents obtained 

6 through other lawful means must— 

7 ‘‘(I) be configured such that per8 sonnel of the Bureau must affirma9 tively opt-in in order to include such 

10 unminimized contents or noncontents 

11 obtained through acquisitions author12 ized under subsection (a) when run13 ning a query; or 

14 ‘‘(II) contain other controls rea15 sonably expected to prevent inad16 vertent queries of unminimized con17 tents or noncontents obtained through 

18 acquisitions authorized under sub19 section (a); 

20 ‘‘(iii) require prior approval from an 

21 attorney of the Bureau for any query using 

22 the Bureau’s batch job technology or a 

23 successor tool, absent exigent cir24 cumstances; 


SSpencer on DSK126QN23PROD with BILLS
8 

•S 3351 IS

1 ‘‘(iv) require prior approval, absent 

2 exigent circumstances, from the Director of 

3 the Bureau, the Deputy Director of the 

4 Bureau, or the Executive Assistant Direc5 tor for the National Security Branch of the 

6 Bureau, in coordination with the General 

7 Counsel of the Bureau or an attorney des8 ignated by the General Counsel to provide 

9 appropriate legal review, for any query 

10 term reasonably believed to identify— 

11 ‘‘(I) a United States elected offi12 cial; 

13 ‘‘(II) an appointee of the Presi14 dent or a State Governor; 

15 ‘‘(III) a United States political 

16 candidate; 

17 ‘‘(IV) a United States political 

18 organization or an individual promi19 nent in such organization; 

20 ‘‘(V) a United States news media 

21 or a member of a United States news 

22 media; or 

23 ‘‘(VI) a United States religious 

24 organization or an individual promi25 nent in such organization; and 


SSpencer on DSK126QN23PROD with BILLS
9 

•S 3351 IS

1 ‘‘(v) require that, prior to conducting 

2 a query using a United States person 

3 query term, personnel of the Bureau pro4 vide a written statement of the specific fac5 tual basis to believe that such query meets 

6 the standard required by the procedures 

7 adopted under paragraph (1). 

8 ‘‘(B) RECORD OF WRITTEN STATE9 MENTS.—The Director of the Federal Bureau 

10 of Investigation shall develop a technical proce11 dure whereby a record is kept of each written 

12 statement provided pursuant to subparagraph 

13 (A)(v). 

14 ‘‘(C) WAIVER AUTHORITY FOR FOREIGN

15 INTELLIGENCE SURVEILLANCE COURT.—If the 

16 Foreign Intelligence Surveillance Court finds 

17 that the procedures adopted under paragraph 

18 (1) for the Federal Bureau of Investigation in19 clude measures that are reasonably expected to 

20 result in similar compliance outcomes as the 

21 measures specified in clauses (i) through (v) of 

22 subparagraph (A), the Foreign Intelligence Sur23 veillance Court may waive one or more of the 

24 requirements specified in such clauses. 


SSpencer on DSK126QN23PROD with BILLS
10 

•S 3351 IS

1 ‘‘(4) ACCOUNTABILITY PROCEDURES FOR FED2 ERAL BUREAU OF INVESTIGATION.— 

3 ‘‘(A) IN GENERAL.—The Director of the 

4 Federal Bureau of Investigation shall adopt ac5 countability procedures which shall be reason6 ably designed to ensure investigation, con7 sequences, and disciplinary action, where appro8 priate, for query compliance incidents. 

9 ‘‘(B) REQUIREMENT TO PROVIDE NOTIFI10 CATION OF MATERIAL CHANGES.—The Director 

11 of the Federal Bureau of Investigation shall— 

12 ‘‘(i) provide the Select Committee on 

13 Intelligence of the Senate and the Perma14 nent Select Committee on Intelligence of 

15 the House of Representatives the proce16 dures adopted in accordance with subpara17 graph (A); and 

18 ‘‘(ii) promptly provide to such com19 mittees notice whenever any material 

20 change is made to the procedures adopted 

21 in accordance with subparagraph (A).’’. 


SSpencer on DSK126QN23PROD with BILLS
11 

•S 3351 IS

1 SEC. 104. ADDITIONAL REPORTING REGARDING THE FBI’S 

2 USE OF SECTION 702 OF FISA. 

3 (a) IN GENERAL.—Section 603 of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1873) is 

5 amended by— 

6 (1) in subsection (b)(2)(B), inserting ‘‘(or com7 bination of unminimized contents and noncontents 

8 information)’’ after ‘‘unminimized contents’’; 

9 (2) in subsection (d)(2), by striking ‘‘TO CER10 TAIN INFORMATION’’ and all that follows through 

11 ‘‘ELECTRONIC MAIL ADDRESS AND TELEPHONE

12 NUMBERS’’ and inserting ‘‘TO ELECTRONIC MAIL AD13 DRESS AND TELEPHONE NUMBERS’’; 

14 (3) redesignating subsection (e) as subsection 

15 (f); and 

16 (4) inserting after subsection (d) the following: 

17 ‘‘(e) MANDATORY REPORTING BY DIRECTOR OF THE

18 FEDERAL BUREAU OF INVESTIGATION.— 

19 ‘‘(1) ANNUAL REPORT.—Each year, the Direc20 tor of the Federal Bureau of Investigation shall sub21 mit to the Select Committee on Intelligence and the 

22 Committee on the Judiciary of the Senate and the 

23 Permanent Select Committee on Intelligence and the 

24 Committee on the Judiciary of the House of Rep25 resentatives an annual report that includes— 


SSpencer on DSK126QN23PROD with BILLS
12 

•S 3351 IS

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

2 queries by the Federal Bureau of Investigation 

3 of unminimized contents or noncontents ac4 quired pursuant to section 702(a); 

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

6 the Federal Bureau of Investigation’s batch job 

7 technology, or successor tool; 

8 ‘‘(C) the number of queries using the Fed9 eral Bureau of Investigation’s batch job tech10 nology, or successor tool, conducted by the Fed11 eral Bureau of Investigation against informa12 tion acquired pursuant to section 702(a) for 

13 which pre-approval was not obtained due to 

14 emergency circumstances; 

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

16 queries conducted by the Federal Bureau of In17 vestigation of unminimized contents or noncon18 tents acquired pursuant to section 702(a) solely 

19 to retrieve evidence of a crime; 

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

21 of United States person query terms used by 

22 the Federal Bureau of Investigation to conduct 

23 queries of unminimized contents or noncontents 

24 acquired pursuant to section 702(a) primarily 


SSpencer on DSK126QN23PROD with BILLS
13 

•S 3351 IS

1 to protect the United States person who is the 

2 subject of the query; and 

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

4 of United States person query terms used by 

5 the Federal Bureau of Investigation to conduct 

6 queries of unminimized contents or noncontents 

7 acquired pursuant to section 702(a) where the 

8 United States person who is the subject of the 

9 query is a target or subject of an investigation 

10 by the Federal Bureau of Investigation. 

11 ‘‘(2) PUBLIC AVAILABILITY.—Subject to declas12 sification review by the Attorney General and the 

13 Director of National Intelligence, each annual report 

14 submitted pursuant to paragraph (1) shall be avail15 able to the public during the first April following the 

16 calendar year covered by the report.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on January 1, 2025. 

19 SEC. 105. INCREASED OVERSIGHT OF ACTIVITIES INVOLV20 ING MEMBERS OF CONGRESS. 

21 Section 702(f) of the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1881a(f)(1)), as amended 

23 by sections 102 and 103, is further amended— 

24 (1) by redesignating paragraph (5) as para25 graph (6); and 


SSpencer on DSK126QN23PROD with BILLS
14 

•S 3351 IS

1 (2) by inserting after subparagraph (4), the fol2 lowing: 

3 ‘‘(5) ADDITIONAL NOTIFICATION REQUIREMENT

4 FOR CERTAIN FEDERAL BUREAU OF INVESTIGATION

5 QUERIES.— 

6 ‘‘(A) IN GENERAL.—If the Federal Bureau 

7 of Investigation knowingly conducts 1 or more 

8 queries using query terms reasonably likely to 

9 identify 1 or more specific individuals who are 

10 Members of Congress, the Director of the Fed11 eral Bureau of Investigation shall promptly no12 tify each Member of Congress specified in sub13 paragraph (B), as well as each Member who is 

14 the subject of the query, of such query. 

15 ‘‘(B) MEMBERS SPECIFIED.—The Mem16 bers of Congress specified in this clause are the 

17 following: 

18 ‘‘(i) The chairperson and ranking 

19 Member of each of the following: 

20 ‘‘(I) The Select Committee on In21 telligence of the Senate. 

22 ‘‘(II) The Committee on the Ju23 diciary of the Senate. 


SSpencer on DSK126QN23PROD with BILLS
15 

•S 3351 IS

1 ‘‘(III) The Permanent Select 

2 Committee on Intelligence of the 

3 House of Representatives. 

4 ‘‘(IV) The Committee on the Ju5 diciary of the House of Representa6 tives. 

7 ‘‘(ii) The majority leader of the Sen8 ate. 

9 ‘‘(iii) The minority leader of the Sen10 ate. 

11 ‘‘(iv) The Speaker of the House of 

12 Representatives. 

13 ‘‘(v) The minority leader of the House 

14 of Representatives. 

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

17 subparagraph (A), the Director shall give due 

18 regard to the protection of classified informa19 tion, sources and methods, and national secu20 rity. 

21 ‘‘(D) WAIVER.— 

22 ‘‘(i) IN GENERAL.—The Director may 

23 waive a notification required under sub24 paragraph (A) if the Director determines 

25 such notification would impede an ongoing 


SSpencer on DSK126QN23PROD with BILLS
16 

•S 3351 IS

1 national security or law enforcement inves2 tigation. 

3 ‘‘(ii) TERMINATION.—A waiver under 

4 clause (i) shall terminate on the earliest 

5 of— 

6 ‘‘(I) the date the Director deter7 mines the relevant notification would 

8 not impede the relevant national secu9 rity or law enforcement investigation; 

10 or 

11 ‘‘(II) the date that such inves12 tigation ends.’’. 

13 SEC. 106. EXCEPTION FOR CONSENSUAL QUERIES. 

14 Section 702(f)(1) of the Foreign Intelligence Surveil15 lance Act of 1978 (50 U.S.C. 1881a(f)(1)) is amended by 

16 adding at the end the following: 

17 ‘‘(D) CONSENSUAL QUERIES.—The query 

18 standard set forth in the procedures adopted 

19 pursuant to subparagraph (A) shall include an 

20 exception for cases in which the subject of the 

21 query, or a third party authorized to consent on 

22 behalf of the subject, has provided consent for 

23 the query.’’. 


SSpencer on DSK126QN23PROD with BILLS
17 

•S 3351 IS

1 SEC. 107. PROCEDURES TO ENABLE TRAVEL VETTING OF 

2 NON-UNITED STATES PERSONS. 

3 Section 702(f) of the Foreign Intelligence Surveil4 lance Act of 1978 (50 U.S.C. 1881a(f)), as amended by 

5 section 105, is further amended— 

6 (1) by redesignating paragraph (6) as para7 graph (7); and 

8 (2) by inserting after subparagraph (5) the fol9 lowing: 

10 ‘‘(6) TRAVEL VETTING OF NON-UNITED STATES

11 PERSONS.—For any procedures adopted under para12 graph (1)(A), the Attorney General, in consultation 

13 with the Director of National Intelligence, shall en14 sure that the procedures enable the vetting of non15 United States persons who are being processed for 

16 travel to the United States using terms that do not 

17 qualify as United States person query terms under 

18 this Act.’’. 

19 TITLE II—ACCURACY AND 

20 INTEGRITY OF FISA PROCESS 

21 SEC. 201. CERTIFICATIONS REGARDING ACCURACY OF FISA 

22 APPLICATIONS. 

23 (a) TITLE I.—Subsection (a) of section 104 of the 

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

25 1804) is amended— 


SSpencer on DSK126QN23PROD with BILLS
18 

•S 3351 IS

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

2 inserting a semicolon; 

3 (2) in paragraph (9), by striking the period at 

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

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

6 ‘‘(10) a certification by the applicant or declar7 ant that, to the best knowledge of the applicant or 

8 declarant, the attorney for the Government and the 

9 Department of Justice has been apprised of all in10 formation that might reasonably— 

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

12 application or the reasonableness of any assess13 ment in the application conducted by the de14 partment or agency on whose behalf the appli15 cation is made; or 

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

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

18 (b) TITLE III.—Subsection (a) of section 303 of such 

19 Act (50 U.S.C. 1823) is amended— 

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

21 inserting a semicolon; 

22 (2) in paragraph (8), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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


SSpencer on DSK126QN23PROD with BILLS
19 

•S 3351 IS

1 ‘‘(9) a certification by the applicant that, to the 

2 best knowledge of the applicant, the attorney for the 

3 Government and the Department of Justice has been 

4 apprised of all information that might reasonably— 

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

6 application or the reasonableness of any assess7 ment in the application conducted by the de8 partment or agency on whose behalf the appli9 cation is made; or 

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

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

12 (c) TITLE IV.—Subsection (c) of section 402 of such 

13 Act (50 U.S.C. 1842) is amended— 

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

15 inserting a semicolon; 

16 (2) in paragraph (3), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

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

19 ‘‘(4) a certification by the Federal officer seek20 ing to use the pen register or trap and trace device 

21 covered by the application that, to the best knowl22 edge of the Federal officer, the attorney for the Gov23 ernment and the Department of Justice has been 

24 apprised of all information that might reasonably— 


SSpencer on DSK126QN23PROD with BILLS
20 

•S 3351 IS

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

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

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

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

8 (d) TITLE V.—Subsection (b) of section 502 of such 

9 Act (50 U.S.C. 1862) is amended— 

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

11 and inserting a semicolon; 

12 (2) in paragraph (2)(B), by striking the period 

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

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

15 ‘‘(3) shall include a statement by the applicant 

16 that, to the best knowledge of the applicant, the ap17 plication fairly reflects all information that might 

18 reasonably— 

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

20 application or the reasonableness of any assess21 ment in the application conducted by the de22 partment or agency on whose behalf the appli23 cation is made; or 

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

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


SSpencer on DSK126QN23PROD with BILLS
21 

•S 3351 IS

1 (e) TITLE VII.— 

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

3 703 of such Act (50 U.S.C. 1881b) is amended— 

4 (A) in subparagraph (I), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (J), by striking the 

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

8 (C) by adding at the end the following: 

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

10 to the best knowledge of the applicant, the at11 torney for the Government and the Department 

12 of Justice has been apprised of all information 

13 that might reasonably— 

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

15 the application or the reasonableness of 

16 any assessment in the application con17 ducted by the department or agency on 

18 whose behalf the application is made; or 

19 ‘‘(ii) otherwise raise doubts with re20 spect to the findings required under sub21 section (c).’’. 

22 (2) SECTION 704.—Subsection (b) of section 

23 704 of such Act (50 U.S.C. 1881c) is amended— 

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

25 and inserting a semicolon; 


SSpencer on DSK126QN23PROD with BILLS
22 

•S 3351 IS

1 (B) in paragraph (7), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 paragraph: 

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

6 best knowledge of the applicant, the attorney for the 

7 Government and the Department of Justice has been 

8 apprised of all information that might reasonably— 

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

10 application or the reasonableness of any assess11 ment in the application conducted by the de12 partment or agency on whose behalf the appli13 cation is made; or 

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

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

16 (f) REVIEW OF CASE FILES TO ENSURE ACCU17 RACY.—Not later than 180 days after the date of the en18 actment of this Act, the Attorney General, in consultation 

19 with the Director of the Federal Bureau of Investigation, 

20 shall issue procedures governing the review of case files, 

21 as appropriate, to ensure that applications to the Foreign 

22 Intelligence Surveillance Court under title I or III of the 

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

24 1801 et seq.) that target United States persons are accu25 rate and complete. 


SSpencer on DSK126QN23PROD with BILLS
23 

•S 3351 IS

1 SEC. 202. SUBMISSION OF COURT TRANSCRIPTS TO CON2 GRESS. 

3 Section 601(c) of the Foreign Intelligence Surveil4 lance Act of 1978 (50 U.S.C. 1871(c)) is amended— 

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

6 inserting a semicolon; 

7 (2) in paragraph (2), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

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

10 paragraph: 

11 ‘‘(3) for any matter at which a court reporter 

12 is present and creates a transcript of a hearing or 

13 oral argument before the Foreign Intelligence Sur14 veillance Court or the Foreign Intelligence Surveil15 lance Court of Review, a copy of each such tran16 script not later than 45 days after the government’s 

17 receipt of the transcript or the date on which the 

18 matter concerning such hearing or oral argument is 

19 resolved, whichever is later.’’. 

20 SEC. 203. ENHANCED AUTHORITIES FOR AMICUS CURIAE. 

21 (a) EXPANSION OF APPOINTMENT AUTHORITY.— 

22 (1) IN GENERAL.—Section 103(i)(2) of the For23 eign Intelligence Surveillance Act of 1978 (50 

24 U.S.C. 1803(i)(2)) is amended— 

25 (A) by striking subparagraph (A) and in26 serting the following: 


SSpencer on DSK126QN23PROD with BILLS
24 

•S 3351 IS

1 ‘‘(A) shall appoint 1 or more individuals 

2 who have been designated under paragraph (1), 

3 not less than 1 of whom possesses privacy and 

4 civil liberties expertise, unless the court finds 

5 that such a qualification is inappropriate, to 

6 serve as amicus curiae to assist the court in the 

7 consideration of any application or motion for 

8 an order or review that, in the opinion of the 

9 court— 

10 ‘‘(i) presents a novel or significant in11 terpretation of the law, unless the court 

12 issues a finding that such appointment is 

13 not appropriate; 

14 ‘‘(ii) presents exceptional concerns 

15 with respect to the activities of a United 

16 States person that are protected by the 

17 first amendment to the Constitution of the 

18 United States, unless the court issues a 

19 finding that such appointment is not ap20 propriate; 

21 ‘‘(iii) targets a United States person 

22 and presents or involves a sensitive inves23 tigative matter, unless— 

24 ‘‘(I) the matter represents an im25 mediate danger to human life; and 


SSpencer on DSK126QN23PROD with BILLS
25 

•S 3351 IS

1 ‘‘(II) the court issues a finding 

2 that such appointment is not appro3 priate; 

4 ‘‘(iv) targets a United States person 

5 and presents a request for approval of a 

6 new programmatic surveillance or reau7 thorization of it, unless the court issues a 

8 finding that such appointment is not ap9 propriate; or 

10 ‘‘(v) targets a United States person 

11 and otherwise presents novel or exceptional 

12 civil liberties issues, unless the court issues 

13 a finding that such appointment is not ap14 propriate; and’’; and 

15 (B) in subparagraph (B), by striking ‘‘an 

16 individual or organization’’ each place the term 

17 appears and inserting ‘‘one or more individuals 

18 or organizations’’. 

19 (2) DEFINITION OF SENSITIVE INVESTIGATIVE

20 MATTER.—Subsection (i) of section 103 of such Act 

21 (50 U.S.C. 1803) is amended by adding at the end 

22 the following: 

23 ‘‘(12) DEFINITION OF SENSITIVE INVESTIGA24 TIVE MATTER.—In this subsection, the term ‘sen25 sitive investigative matter’ means— 


SSpencer on DSK126QN23PROD with BILLS
26 

•S 3351 IS

1 ‘‘(A) an investigative matter that targets a 

2 United States person who is— 

3 ‘‘(i) a United States elected official; 

4 ‘‘(ii) an appointee of the President or 

5 a State Governor; 

6 ‘‘(iii) a United States political can7 didate; 

8 ‘‘(iv) a United States political organi9 zation or an individual prominent in such 

10 organization; 

11 ‘‘(v) a United States news media or 

12 member of a United States news media; or 

13 ‘‘(vi) a United States religious organi14 zation or an individual prominent in such 

15 organization; or 

16 ‘‘(B) any other investigative matter involv17 ing a domestic entity or a known or presumed 

18 United States person that, in the judgment of 

19 the applicable court established under sub20 section (a) or (b), is as sensitive as an inves21 tigative matter described in subparagraph 

22 (A).’’. 

23 (b) AUTHORITY TO SEEK REVIEW.—Subsection (i) 

24 of such section (50 U.S.C. 1803), as amended by sub25 section (a) of this section, is amended— 


SSpencer on DSK126QN23PROD with BILLS
27 

•S 3351 IS

1 (1) in paragraph (4)— 

2 (A) in the paragraph heading, by inserting 

3 ‘‘; AUTHORITY’’ after ‘‘DUTIES’’; 

4 (B) by redesignating subparagraphs (A), 

5 (B), and (C) as clauses (i), (ii), and (iii), re6 spectively, and adjusting the margins accord7 ingly; 

8 (C) in the matter preceding clause (i), as 

9 so designated, by striking ‘‘the amicus curiae 

10 shall’’ and inserting the following: ‘‘the amicus 

11 curiae— 

12 ‘‘(A) shall’’; 

13 (D) in subparagraph (A)(i), as so des14 ignated, by inserting before the semicolon at the 

15 end the following: ‘‘, including legal arguments 

16 regarding any privacy or civil liberties interest 

17 of any United States person that would be sig18 nificantly impacted by the application or mo19 tion’’; and 

20 (E) by striking the period at the end and 

21 inserting the following: ‘‘; and 

22 ‘‘(B) may seek leave to raise any novel or 

23 significant privacy or civil liberties issue rel24 evant to the application or motion or other 

25 issue directly impacting the legality of the proVerDate Sep 11 2014 04:18 Dec 02, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3351.IS S3351

SSpencer on DSK126QN23PROD with BILLS
28 

•S 3351 IS

1 posed electronic surveillance with the court, re2 gardless of whether the court has requested as3 sistance on that issue.’’; 

4 (2) by redesignating paragraphs (7) through 

5 (12) as paragraphs (8) through (13), respectively; 

6 and 

7 (3) by inserting after paragraph (6) the fol8 lowing: 

9 ‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI10 SIONS.— 

11 ‘‘(A) FISA COURT DECISIONS.—Following 

12 issuance of a final order under this Act by the 

13 Foreign Intelligence Surveillance Court in a 

14 matter in which an amicus curiae was ap15 pointed under paragraph (2), that amicus cu16 riae may petition the Foreign Intelligence Sur17 veillance Court to certify for review to the For18 eign Intelligence Surveillance Court of Review a 

19 question of law pursuant to subsection (j). If 

20 the court denies such petition, the court shall 

21 provide for the record a written statement of 

22 the reasons for such denial. Upon certification 

23 of any question of law pursuant to this sub24 paragraph, the Court of Review shall appoint 

25 the amicus curiae to assist the Court of Review 


SSpencer on DSK126QN23PROD with BILLS
29 

•S 3351 IS

1 in its consideration of the certified question, un2 less the Court of Review issues a finding that 

3 such appointment is not appropriate. 

4 ‘‘(B) FISA COURT OF REVIEW DECI5 SIONS.—An amicus curiae appointed under 

6 paragraph (2) may petition the Foreign Intel7 ligence Surveillance Court of Review to certify 

8 for review to the Supreme Court of the United 

9 States any question of law pursuant to section 

10 1254(2) of title 28, United States Code, in the 

11 matter in which that amicus curiae was ap12 pointed. 

13 ‘‘(C) DECLASSIFICATION OF REFER14 RALS.—For purposes of section 602, if the For15 eign Intelligence Surveillance Court or Foreign 

16 Intelligence Surveillance Court of Review denies 

17 a petition filed under subparagraph (A) or (B) 

18 of this paragraph, that petition and all of its 

19 content shall be considered a decision, order, or 

20 opinion issued by the Foreign Intelligence Sur21 veillance Court or the Foreign Intelligence Sur22 veillance Court of Review described in para23 graph (2) of section 602(a).’’. 

24 (c) ACCESS TO INFORMATION.— 


SSpencer on DSK126QN23PROD with BILLS
30 

•S 3351 IS

1 (1) APPLICATION AND MATERIALS.—Subpara2 graph (A) of section 103(i)(6) of such Act (50 

3 U.S.C. 1803(i)(6)) is amended to read as follows: 

4 ‘‘(A) IN GENERAL.— 

5 ‘‘(i) RIGHT OF AMICUS.—If a court 

6 established under subsection (a) or (b) ap7 points an amicus curiae under paragraph 

8 (2), the amicus curiae— 

9 ‘‘(I) shall have access to, to the 

10 extent such information is available to 

11 the Government and the court estab12 lished under subsection (a) or (b) de13 termines it is necessary to fulfill the 

14 duties of the amicus curiae— 

15 ‘‘(aa) the application, certifi16 cation, petition, motion, and 

17 other information and supporting 

18 materials submitted to the For19 eign Intelligence Surveillance 

20 Court in connection with the 

21 matter in which the amicus cu22 riae has been appointed, includ23 ing access to any relevant legal 

24 precedent (including any such 

25 precedent that is cited by the 


SSpencer on DSK126QN23PROD with BILLS
31 

•S 3351 IS

1 Government, including in such an 

2 application); 

3 ‘‘(bb) a copy of each rel4 evant decision made by the For5 eign Intelligence Surveillance 

6 Court or the Foreign Intelligence 

7 Surveillance Court of Review in 

8 which the court decides a ques9 tion of law, without regard to 

10 whether the decision is classified; 

11 and 

12 ‘‘(cc) any other information 

13 or materials that the court deter14 mines are relevant to the duties 

15 of the amicus curiae; and 

16 ‘‘(II) may make a submission to 

17 the court requesting access to any 

18 other particular materials or informa19 tion (or category of materials or infor20 mation) that the amicus curiae be21 lieves to be relevant to the duties of 

22 the amicus curiae. 

23 ‘‘(ii) SUPPORTING DOCUMENTATION

24 REGARDING ACCURACY.—The Foreign In25 telligence Surveillance Court, upon the moVerDate Sep 11 2014 04:18 Dec 02, 2023 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3351.IS S3351

SSpencer on DSK126QN23PROD with BILLS
32 

•S 3351 IS

1 tion of an amicus curiae appointed under 

2 paragraph (2) or upon its own motion, 

3 may require the Government to make 

4 available the supporting documentation if 

5 the court determines the information is rel6 evant to the duties of the amicus curiae.’’. 

7 (2) CLARIFICATION OF ACCESS TO CERTAIN IN8 FORMATION.—Such section is further amended by 

9 striking subparagraph (C) and inserting the fol10 lowing: 

11 ‘‘(C) CLASSIFIED INFORMATION.—An ami12 cus curiae appointed by the court shall have ac13 cess, to the extent such information is available 

14 to the Government and the court determines 

15 such information is relevant to the duties of the 

16 amicus curiae in the matter in which the ami17 cus curiae was appointed, to copies of each 

18 opinion, order, transcript, pleading, or other 

19 document of the Foreign Intelligence Surveil20 lance Court and the Foreign Intelligence Sur21 veillance Court of Review, including, if the indi22 vidual is eligible for access to classified informa23 tion, any classified documents, information, and 

24 other materials or proceedings, but only to the 


SSpencer on DSK126QN23PROD with BILLS
33 

•S 3351 IS

1 extent consistent with the national security of 

2 the United States.’’. 

3 (3) CONSULTATION AMONG AMICI CURIAE.— 

4 Such section is further amended— 

5 (A) by redesignating subparagraphs (B), 

6 (C), and (D) as subparagraphs (C), (D), and 

7 (E), respectively; and 

8 (B) by inserting after subparagraph (A) 

9 the following new subparagraph: 

10 ‘‘(B) CONSULTATION.—If the Foreign In11 telligence Surveillance Court or the Foreign In12 telligence Surveillance Court of Review deter13 mines that it is relevant to the duties of an 

14 amicus curiae appointed by the court under 

15 paragraph (2), the amicus curiae may consult 

16 with 1 or more of the other individuals des17 ignated by the court to serve as amicus curiae 

18 pursuant to paragraph (1) regarding any of the 

19 information relevant to any assigned pro20 ceeding.’’. 

21 (d) TERM LIMITS.— 

22 (1) REQUIREMENT.—Paragraph (1) of section 

23 103(i) of such Act (50 U.S.C. 1803(i)) is amended 

24 by adding at the end the following new sentence: 

25 ‘‘An individual may serve as an amicus curiae for a 


SSpencer on DSK126QN23PROD with BILLS
34 

•S 3351 IS

1 5-year term, and the presiding judges may, for good 

2 cause, jointly reappoint the individual to a single ad3 ditional term.’’. 

4 (2) APPLICATION.—The amendment made by 

5 paragraph (1) shall apply with respect to the service 

6 of an amicus curiae appointed under section 103(i) 

7 of such Act (50 U.S.C. 1803(i)) that occurs on or 

8 after the date of the enactment of this Act, regard9 less of the date on which the amicus curiae is ap10 pointed. 

11 SEC. 204. PROHIBITION ON USE OF POLITICALLY DERIVED 

12 INFORMATION IN APPLICATIONS FOR CER13 TAIN ORDERS BY THE FOREIGN INTEL14 LIGENCE SURVEILLANCE COURT. 

15 (a) TITLE I ORDERS.—Section 104(a)(6) of the For16 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

17 1804(a)(6)) is amended— 

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

19 and inserting a semicolon; 

20 (2) in subparagraph (E)(ii), by striking the 

21 semicolon and inserting ‘‘; and’’; and 

22 (3) by adding after subparagraph (E) the fol23 lowing new subparagraph: 

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

25 in the statement described in paragraph (3) 


SSpencer on DSK126QN23PROD with BILLS
35 

•S 3351 IS

1 was solely produced by, derived from, or col2 lected using funds of, a political organization 

3 (as defined in section 527 of the Internal Rev4 enue Code of 1986) for the purpose of gaining 

5 an advantage against, or otherwise conducting 

6 research on, an opposing political candidate, 

7 unless— 

8 ‘‘(i) the political organization that 

9 produced the information is clearly identi10 fied in the body of the statement; 

11 ‘‘(ii) the information has been cor12 roborated by other investigative techniques; 

13 and 

14 ‘‘(iii) the investigative techniques used 

15 to corroborate the information are clearly 

16 identified in the body of the statement.’’. 

17 (b) TITLE III ORDERS.—Section 303(a)(6) of such 

18 Act (50 U.S.C. 1823(a)(6)) is amended— 

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

20 and inserting a semicolon; 

21 (2) in subparagraph (E), by striking the semi22 colon and inserting ‘‘; and’’; and 

23 (3) by adding after subparagraph (E) the fol24 lowing new subparagraph: 


SSpencer on DSK126QN23PROD with BILLS
36 

•S 3351 IS

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

2 in the statement described in paragraph (3) 

3 was solely produced by, derived from, or col4 lected using funds of, a political organization 

5 (as defined in section 527 of the Internal Rev6 enue Code of 1986) for the purpose of gaining 

7 an advantage against, or otherwise conducting 

8 research on, an opposing political candidate, 

9 unless— 

10 ‘‘(i) the political organization that 

11 produced the information is clearly identi12 fied in the body of the statement; 

13 ‘‘(ii) the information has been cor14 roborated by other investigative techniques; 

15 and 

16 ‘‘(iii) the investigative techniques used 

17 to corroborate the information are clearly 

18 identified in the body of the statement.’’. 

19 SEC. 205. INVESTIGATIONS RELATING TO FEDERAL CAN20 DIDATES AND ELECTED FEDERAL OFFICIALS. 

21 (a) TITLE I.—Section 104(a)(6) of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)), 

23 as amended by section 204, is further amended by adding 

24 at the end the following new subparagraph: 


SSpencer on DSK126QN23PROD with BILLS
37 

•S 3351 IS

1 ‘‘(G) if the target of the electronic surveil2 lance is an elected Federal official or a can3 didate in a Federal election, that the Attorney 

4 General has approved in writing of the inves5 tigation;’’. 

6 (b) TITLE III.—Section 303(a)(6) of such Act (50 

7 U.S.C. 1823(a)(6)), as amended by section 204, is further 

8 amended by adding at the end the following new subpara9 graph: 

10 ‘‘(G) if the target of the physical search is 

11 an elected Federal official or a candidate in a 

12 Federal election, that the Attorney General has 

13 approved in writing of the investigation;’’. 

14 SEC. 206. REMOVAL OR SUSPENSION OF FEDERAL OFFI15 CERS FOR MISCONDUCT BEFORE FOREIGN 

16 INTELLIGENCE SURVEILLANCE COURT. 

17 Section 103 of the Foreign Intelligence Surveillance 

18 Act of 1978 (50 U.S.C. 1803) is amended by adding at 

19 the end the following new subsection: 

20 ‘‘(l) REMOVAL OR SUSPENSION OF FEDERAL OFFI21 CERS FOR MISCONDUCT BEFORE COURTS.—An employee, 

22 officer, or contractor of the United States Government 

23 who knowingly engages in misconduct with respect to pro24 ceedings before the Foreign Intelligence Surveillance 

25 Court or the Foreign Intelligence Surveillance Court of 


SSpencer on DSK126QN23PROD with BILLS
38 

•S 3351 IS

1 Review shall be subject to appropriate adverse actions, in2 cluding, as appropriate, suspension without pay or re3 moval.’’. 

4 SEC. 207. ADDITIONAL PENALTIES FOR OFFENSES RELAT5 ING TO FISA. 

6 (a) FALSE DECLARATIONS BEFORE FISC AND

7 FISCR.—Section 1623(a) of title 18, United States Code, 

8 is amended by inserting before ‘‘, or both’’ the following: 

9 ‘‘or, if such proceedings are before or ancillary to the For10 eign Intelligence Surveillance Court or the Foreign Intel11 ligence Surveillance Court of Review established by section 

12 103 of the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1803), imprisoned not more than 10 years’’. 

14 (b) INCREASED PENALTY FOR UNAUTHORIZED

15 USE.—Section 109(c) of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1809(c)) is amended by 

17 striking ‘‘five years’’ and inserting ‘‘10 years’’. 

18 (c) UNAUTHORIZED DISCLOSURE OF APPLICA19 TIONS.— 

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

21 109 of such Act (50 U.S.C. 1809) is amended— 

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

23 by striking ‘‘intentionally’’; 

24 (B) in paragraph (1)— 


SSpencer on DSK126QN23PROD with BILLS
39 

•S 3351 IS

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

2 ‘‘engages in’’; and 

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

4 semicolon; 

5 (C) in paragraph (2)— 

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

7 ‘‘disclose or uses’’; and 

8 (ii) by striking the period at the end 

9 and inserting ‘‘; or’’; and 

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

11 paragraph: 

12 ‘‘(3) is an employee, officer, or contractor of the 

13 United States Government and intentionally dis14 closes an application, in whole or in part, for an 

15 order under any title of this Act to any person not 

16 entitled to receive classified information.’’. 

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

18 of such section is amended by striking ‘‘under sub19 section (a)’’ and inserting ‘‘under paragraph (1) or 

20 (2) of subsection (a)’’. 


SSpencer on DSK126QN23PROD with BILLS
40 

•S 3351 IS

1 SEC. 208. CONTEMPTS CONSTITUTING CRIMES BEFORE 

2 THE FOREIGN INTELLIGENCE SURVEIL3 LANCE COURT AND THE FOREIGN INTEL4 LIGENCE SURVEILLANCE COURT OF REVIEW. 

5 Section 402 of title 18, United States Code, is 

6 amended by inserting after ‘‘any district court of the 

7 United States’’ the following: ‘‘, the Foreign Intelligence 

8 Surveillance Court or the Foreign Intelligence Surveillance 

9 Court of Review established by section 103 of the Foreign 

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

11 SEC. 209. EFFECTIVE AND INDEPENDENT ADVICE FOR THE 

12 FOREIGN INTELLIGENCE SURVEILLANCE 

13 COURT AND THE FOREIGN INTELLIGENCE 

14 SURVEILLANCE COURT OF REVIEW. 

15 Section 103 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1803), as amended by section 206, 

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

18 subsection: 

19 ‘‘(m) INDEPENDENT LEGAL ADVISORS.— 

20 ‘‘(1) AUTHORITY.—The Foreign Intelligence 

21 Surveillance Court and the Foreign Intelligence Sur22 veillance Court of Review may jointly employ legal 

23 advisors to assist the courts in all aspects of consid24 ering any matter before the courts, including with 

25 respect to— 


SSpencer on DSK126QN23PROD with BILLS
41 

•S 3351 IS

1 ‘‘(A) providing advice on issues of law or 

2 fact presented by any application for an order 

3 under this Act; 

4 ‘‘(B) requesting information from the Gov5 ernment in connection with any such applica6 tion; 

7 ‘‘(C) identifying any concerns with any 

8 such application; and 

9 ‘‘(D) proposing requirements or conditions 

10 for the approval of any such application. 

11 ‘‘(2) DIRECTION.—The legal advisors employed 

12 under paragraph (1) shall be subject solely to the di13 rection of the presiding judges of the Foreign Intel14 ligence Surveillance Court and the Foreign Intel15 ligence Surveillance Court of Review.’’. 

16 SEC. 210. ENHANCEMENTS TO CONGRESSIONAL OVER17 SIGHT. 

18 (a) IN GENERAL.—Section 601 of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 

20 amended— 

21 (1) by redesignating subsection (e) as sub22 section (f); and 

23 (2) by inserting after subsection (d) the fol24 lowing new subsection (e): 


SSpencer on DSK126QN23PROD with BILLS
42 

•S 3351 IS

1 ‘‘(e) CONGRESSIONAL OVERSIGHT.—In a manner 

2 consistent with the protection of the national security, 

3 nothing in this Act or any other provision of law may be 

4 construed to preclude the Select Committee on Intelligence 

5 of the Senate and the Permanent Select Committee on In6 telligence of the House of Representatives from receiving 

7 in a timely manner, upon request, applications submitted 

8 under this Act to the Foreign Intelligence Surveillance 

9 Court, orders of the court, and relevant materials relating 

10 to such applications and orders.’’. 

11 (b) CONFORMING AMENDMENT.—Section 602(a) of 

12 such Act (50 U.S.C. 1872(a)) is amended by striking ‘‘in 

13 section 601(e)’’ and inserting ‘‘in section 601(f)’’. 

14 SEC. 211. ESTABLISHMENT OF COMPLIANCE OFFICERS. 

15 (a) IN GENERAL.—Title VI of the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) 

17 is amended by adding at the end the following new section: 

18 ‘‘SEC. 605. COMPLIANCE OFFICERS. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘appropriate congressional com22 mittees’ means— 

23 ‘‘(A) the Select Committee on Intelligence 

24 and the Committee on the Judiciary of the Sen25 ate; and 


SSpencer on DSK126QN23PROD with BILLS
43 

•S 3351 IS

1 ‘‘(B) the Permanent Select Committee on 

2 Intelligence and the Committee on the Judici3 ary of the House of Representatives. 

4 ‘‘(2) COVERED AGENCY.—The term ‘covered 

5 agency’ means a department or agency of the United 

6 States Government that has the authority to submit 

7 applications to the Foreign Intelligence Surveillance 

8 Court under this Act and which receives 

9 unminimized collection pursuant to orders issued 

10 under this Act. 

11 ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE

12 COURT.—The term ‘Foreign Intelligence Surveillance 

13 Court’ has the meaning given that term in section 

14 101. 

15 ‘‘(b) APPOINTMENT.—The head of each covered 

16 agency shall appoint a single Federal officer to serve as 

17 the Compliance Officer for that agency. 

18 ‘‘(c) COMPLIANCE.—Each Compliance Officer ap19 pointed under subsection (b) shall be responsible for over20 seeing the compliance of the relevant covered agency with 

21 the requirements of this Act. 

22 ‘‘(d) AUDITS.—Each Compliance Officer shall over23 see routine audits of the compliance by the relevant cov24 ered agency with— 


SSpencer on DSK126QN23PROD with BILLS
44 

•S 3351 IS

1 ‘‘(1) the requirements of this Act regarding 

2 submitting applications to the Foreign Intelligence 

3 Surveillance Court, including with respect to the ac4 curacy of such applications; and 

5 ‘‘(2) the minimization, targeting, querying, and 

6 accuracy procedures required by this Act. 

7 ‘‘(e) ASSESSMENTS.—Each Compliance Officer 

8 shall— 

9 ‘‘(1) conduct on a routine basis assessments of 

10 the efficacy of the minimization, targeting, querying, 

11 and accuracy procedures adopted by the Attorney 

12 General pursuant to this Act; and 

13 ‘‘(2) annually submit to the Assistant Attorney 

14 General designated as the Assistant Attorney Gen15 eral for National Security under section 507A of 

16 title 28, United States Code, and the head of the 

17 relevant covered agency the findings of such assess18 ments, including any recommendations of the Com19 pliance Officer with respect to improving such proce20 dures. 

21 ‘‘(f) REMEDIATION.—Each Compliance Officer shall 

22 ensure the appropriate remediation of any compliance 

23 issues of the relevant covered agency identified pursuant 

24 to this section or the rules of the Foreign Intelligence Sur25 veillance Court. 


SSpencer on DSK126QN23PROD with BILLS
45 

•S 3351 IS

1 ‘‘(g) INSPECTORS GENERAL ASSESSMENTS.—On an 

2 annual basis, and consistent with the protection of sources 

3 and methods, each Inspector General of a covered agency 

4 shall submit to the Foreign Intelligence Surveillance Court 

5 and the appropriate congressional committees an assess6 ment of the implementation of this section by the covered 

7 agency.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of the Foreign Intelligence Surveillance 

10 Act of 1978 is amended by inserting after the item relat11 ing to section 604 the following new item: 

‘‘Sec. 605. Compliance officers.’’. 

12 SEC. 212. FISA REFORM COMMISSION. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established a com15 mission to consider ongoing reforms to the Foreign 

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

17 1801 et seq.). 

18 (2) DESIGNATION.—The commission estab19 lished under paragraph (1) shall be known as the 

20 ‘‘FISA Reform Commission’’ (in this section the 

21 ‘‘Commission’’). 

22 (b) MEMBERSHIP.— 

23 (1) COMPOSITION.— 


SSpencer on DSK126QN23PROD with BILLS
46 

•S 3351 IS

1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Commission shall be composed 

3 of the following members: 

4 (i) The Principal Deputy Director of 

5 National Intelligence. 

6 (ii) The Deputy Attorney General. 

7 (iii) The Deputy Secretary of Defense. 

8 (iv) The Deputy Secretary of State. 

9 (v) The Chair of the Privacy and Civil 

10 Liberties Oversight Board. 

11 (vi) Three members appointed by the 

12 majority leader of the Senate, in consulta13 tion with the Chairman of the Select Com14 mittee on Intelligence of the Senate and 

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

17 a member of the Senate and 2 of whom 

18 shall not be. 

19 (vii) Three members appointed by the 

20 minority leader of the Senate, in consulta21 tion with the Vice Chairman of the Select 

22 Committee on Intelligence of the Senate 

23 and the Ranking Member of the Com24 mittee on the Judiciary of the Senate, 1 of 


SSpencer on DSK126QN23PROD with BILLS
47 

•S 3351 IS

1 whom shall be a member of the Senate and 

2 2 of whom shall not be. 

3 (viii) Three members appointed by the 

4 Speaker of the House of Representatives, 

5 in consultation with the Chairman of the 

6 Permanent Select Committee on Intel7 ligence of the House of Representatives 

8 and the Chairman of the Committee on the 

9 Judiciary of the House of Representatives, 

10 1 of whom shall be a member of the House 

11 of Representatives and 2 of whom shall not 

12 be. 

13 (ix) Three members appointed by the 

14 minority leader of the House of Represent15 atives, in consultation with the Ranking 

16 Member of the Permanent Select Com17 mittee on Intelligence of the House of Rep18 resentatives and the Ranking Member of 

19 the Committee on the Judiciary of the 

20 House of Representatives, 1 of whom shall 

21 be a member of the House of Representa22 tives and 2 of whom shall not be. 

23 (B) NONMEMBERS OF CONGRESS.— 

24 (i) QUALIFICATIONS.—The members 

25 of the Commission who are not Members 


SSpencer on DSK126QN23PROD with BILLS
48 

•S 3351 IS

1 of Congress and who are appointed under 

2 clauses (iv) through (vii) of subparagraph 

3 (A) shall be individuals who are nationally 

4 recognized for expertise, knowledge, or ex5 perience in— 

6 (I) use of intelligence information 

7 by the intelligence community (as de8 fined in section 3 of the National Se9 curity Act of 1947 (50 U.S.C. 3003)), 

10 national policymakers and military 

11 leaders; 

12 (II) the implementation, funding, 

13 or oversight of the national security 

14 laws of the United States; 

15 (III) privacy, civil liberties, and 

16 transparency; or 

17 (IV) laws and policies governing 

18 methods of electronic surveillance. 

19 (ii) CONFLICTS OF INTEREST.—An of20 ficial who appoints members of the Com21 mission may not appoint an individual as 

22 a member of the Commission if such indi23 vidual possesses any personal or financial 

24 interest in the discharge of any of the du25 ties of the Commission. 


SSpencer on DSK126QN23PROD with BILLS
49 

•S 3351 IS

1 (iii) SECURITY CLEARANCES.—All 

2 members of the Commission described in 

3 clause (i) shall possess an appropriate se4 curity clearance in accordance with appli5 cable provisions of law concerning the han6 dling of classified information. 

7 (2) CO-CHAIRS.— 

8 (A) IN GENERAL.—The Commission shall 

9 have 2 co-chairs, selected from among the mem10 bers of the Commission. 

11 (B) AGREEMENT.—The individuals who 

12 serve as the co-chairs of the Commission shall 

13 be agreed upon by the members of the Commis14 sion. 

15 (c) APPOINTMENT; INITIAL MEETING.— 

16 (1) APPOINTMENT.—Members of the Commis17 sion shall be appointed not later than 90 days after 

18 the date of the enactment of this Act. 

19 (2) INITIAL MEETING.—The Commission shall 

20 hold its initial meeting on or before the date that is 

21 180 days after the date of the enactment of this Act. 

22 (d) MEETINGS; QUORUM; VACANCIES.— 

23 (1) IN GENERAL.—After its initial meeting, the 

24 Commission shall meet upon the call of the co-chairs 

25 of the Commission. 


SSpencer on DSK126QN23PROD with BILLS
50 

•S 3351 IS

1 (2) QUORUM.—Nine members of the Commis2 sion shall constitute a quorum for purposes of con3 ducting business, except that 2 members of the 

4 Commission shall constitute a quorum for purposes 

5 of receiving testimony. 

6 (3) VACANCIES.—Any vacancy in the Commis7 sion shall not affect its powers, but shall be filled in 

8 the same manner in which the original appointment 

9 was made. 

10 (4) QUORUM WITH VACANCIES.—If vacancies in 

11 the Commission occur on any day after 90 days 

12 after the date of the enactment of this Act, a 

13 quorum shall consist of a majority of the members 

14 of the Commission as of such day. 

15 (e) DUTIES.—The duties of the Commission are as 

16 follows: 

17 (1) To review the effectiveness of the current 

18 implementation of the Foreign Intelligence Surveil19 lance Act of 1978 (50 U.S.C. 1801 et seq.). 

20 (2) To develop recommendations for legislative 

21 action to reform the Foreign Intelligence Surveil22 lance Act of 1978 (50 U.S.C. 1801 et seq.) that pro23 vide for the effective conduct of United States intel24 ligence activities and the protection of privacy and 

25 civil liberties. 


SSpencer on DSK126QN23PROD with BILLS
51 

•S 3351 IS

1 (f) POWERS OF COMMISSION.— 

2 (1) IN GENERAL.— 

3 (A) HEARINGS.—The Commission or, on 

4 the authorization of the Commission, any sub5 committee or member thereof, may, for the pur6 pose of carrying out this section— 

7 (i) hold such hearings and sit and act 

8 at such times and places, take such testi9 mony, receive such evidence, and admin10 ister such oaths; and 

11 (ii) require, by subpoena or otherwise, 

12 the attendance and testimony of such wit13 nesses and the production of such books, 

14 records, correspondence, memoranda, pa15 pers, and documents, as the Commission 

16 or such designated subcommittee or des17 ignated member considers necessary. 

18 (B) ISSUANCE AND ENFORCEMENT OF

19 SUBPOENAS.— 

20 (i) ISSUANCE.—A subpoena issued 

21 under subparagraph (A)(ii) shall— 

22 (I) bear the signature of the co23 chairs of the Commission; and 


SSpencer on DSK126QN23PROD with BILLS
52 

•S 3351 IS

1 (II) be served by a person or 

2 class of persons designated by the co3 chairs for that purpose. 

4 (ii) ENFORCEMENT.—The provisions 

5 of sections 102 through 104 of the Revised 

6 Statutes of the United States (2 U.S.C. 

7 192–194) shall apply in the case of any 

8 failure of a witness to comply with any 

9 subpoena or to testify when summoned 

10 under authority of this paragraph. 

11 (2) INFORMATION FROM FEDERAL AGENCIES.— 

12 (A) IN GENERAL.—The Commission may 

13 secure directly from any executive department, 

14 agency, bureau, board, commission, office, inde15 pendent establishment, or instrumentality of the 

16 Federal Government information, suggestions, 

17 estimates, and statistics for the purposes of this 

18 section. 

19 (B) FURNISHING INFORMATION.—Each 

20 such department, agency, bureau, board, com21 mission, office, establishment, or instrumen22 tality described in subparagraph (A) shall, to 

23 the extent authorized by law, furnish such in24 formation, suggestions, estimates, and statistics 


SSpencer on DSK126QN23PROD with BILLS
53 

•S 3351 IS

1 directly to the Commission, upon request of the 

2 co-chairs of the Commission. 

3 (C) PROTECTION OF CLASSIFIED INFORMA4 TION.—The Commission shall handle and pro5 tect all classified information provided to it 

6 under this section in accordance with applicable 

7 provisions of law. 

8 (3) ASSISTANCE FROM FEDERAL AGENCIES.— 

9 (A) DIRECTOR OF NATIONAL INTEL10 LIGENCE.—The Director of National Intel11 ligence shall provide to the Commission, on a 

12 nonreimbursable basis, such administrative 

13 services, funds, staff, facilities, and other sup14 port services as are necessary for the perform15 ance of the duties of the Commission under this 

16 section. 

17 (B) ATTORNEY GENERAL.—The Attorney 

18 General may provide the Commission, on a non19 reimbursable basis, with such administrative 

20 services, staff, and other support services as the 

21 Commission may request. 

22 (C) OTHER DEPARTMENTS AND AGEN23 CIES.—In addition to the assistance set forth in 

24 subparagraphs (A) and (B), other departments 

25 and agencies of the United States may provide 


SSpencer on DSK126QN23PROD with BILLS
54 

•S 3351 IS

1 the Commission such services, funds, facilities, 

2 staff, and other support as such departments 

3 and agencies consider advisable and as may be 

4 authorized by law. 

5 (D) COOPERATION.—The Commission 

6 shall receive the full and timely cooperation of 

7 any official, department, or agency of the Fed8 eral Government whose assistance is necessary, 

9 as jointly determined by the co-chairs selected 

10 under subsection (b)(2), for the fulfillment of 

11 the duties of the Commission, including the 

12 provision of full and current briefings and anal13 yses. 

14 (4) POSTAL SERVICES.—The Commission may 

15 use the United States postal services in the same 

16 manner and under the same conditions as the de17 partments and agencies of the Federal Governments. 

18 (5) GIFTS.—No member or staff of the Com19 mission may receive a gift or benefit by reason of 

20 the service of such member or staff to the Commis21 sion. 

22 (g) STAFF OF COMMISSION.— 

23 (1) APPOINTMENT AND COMPENSATION OF

24 STAFF.—The co-chairs of the Commission, in ac25 cordance with rules agreed upon by the Commission, 


SSpencer on DSK126QN23PROD with BILLS
55 

•S 3351 IS

1 shall appoint and fix the compensation of a staff di2 rector and such other personnel as may be necessary 

3 to enable the Commission to carry out its duties, 

4 without regard to the provisions of title 5, United 

5 States Code, governing appointments in the competi6 tive service, and without regard to the provisions of 

7 chapter 51 and subchapter III of chapter 53 of such 

8 title relating to classification and General Schedule 

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

10 subsection may exceed the equivalent of that payable 

11 to a person occupying a position at level V of the 

12 Executive Schedule under section 5316 of such title. 

13 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

14 Any Federal Government employee may be detailed 

15 to the Commission without reimbursement from the 

16 Commission, and such detailee shall retain the 

17 rights, status, and privileges of his or her regular 

18 employment without interruption. 

19 (3) SECURITY CLEARANCES.—All staff of the 

20 Commission and all experts and consultants em21 ployed by the Commission shall possess a security 

22 clearance in accordance with applicable provisions of 

23 law concerning the handling of classified informa24 tion. 

25 (h) COMPENSATION AND TRAVEL EXPENSES.— 


SSpencer on DSK126QN23PROD with BILLS
56 

•S 3351 IS

1 (1) COMPENSATION OF MEMBERS.— 

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

3 paragraph (2), each member of the Commission 

4 may be compensated at not to exceed the daily 

5 equivalent of the annual rate of basic pay in ef6 fect for a position at level IV of the Executive 

7 Schedule under section 5315 of title 5, United 

8 States Code, for each day during which that 

9 member is engaged in the actual performance of 

10 the duties of the Commission under this title. 

11 (B) EXCEPTION.—Members of the Com12 mission who are officers or employees of the 

13 United States or Members of Congress shall re14 ceive no additional pay by reason of their serv15 ice on the Commission. 

16 (2) TRAVEL EXPENSES.—While away from 

17 their homes or regular places of business in the per18 formance of services for the Commission, a member 

19 of the Commission may be allowed travel expenses, 

20 including per diem in lieu of subsistence, in the 

21 same manner as persons employed intermittently in 

22 the Government service are allowed expenses under 

23 section 5703 of title 5, United States Code. 

24 (i) TREATMENT OF INFORMATION RELATING TO NA25 TIONAL SECURITY.— 


SSpencer on DSK126QN23PROD with BILLS
57 

•S 3351 IS

1 (1) IN GENERAL.—The Director of National In2 telligence shall assume responsibility for the han3 dling and disposition of any information related to 

4 the national security of the United States that is re5 ceived, considered, or used by the Commission under 

6 this title. 

7 (2) INFORMATION PROVIDED BY CONGRES8 SIONAL INTELLIGENCE COMMITTEES.—Any informa9 tion related to the national security of the United 

10 States that is provided to the Commission by a con11 gressional intelligence committee may not be further 

12 provided or released without the approval of the 

13 chairman of such committee. 

14 (3) ACCESS AFTER TERMINATION OF COMMIS15 SION.—Notwithstanding any other provision of law, 

16 after the termination of the Commission under sub17 section (j)(2), only the members and designated staff 

18 of the congressional intelligence committees, the Di19 rector of National Intelligence (and the designees of 

20 the Director), and such other officials of the execu21 tive branch of the Federal Government as the Presi22 dent may designate shall have access to information 

23 related to the national security of the United States 

24 that is received, considered, or used by the Commis25 sion. 


SSpencer on DSK126QN23PROD with BILLS
58 

•S 3351 IS

1 (j) FINAL REPORT; TERMINATION.— 

2 (1) FINAL REPORT.— 

3 (A) DEFINITIONS.—In this paragraph: 

4 (i) APPROPRIATE COMMITTEES OF

5 CONGRESS.—The term ‘‘appropriate com6 mittees of Congress’’ means— 

7 (I) the congressional intelligence 

8 committees; 

9 (II) the Committee on the Judici10 ary of the Senate; and 

11 (III) the Committee on the Judi12 ciary of the House of Representatives. 

13 (ii) CONGRESSIONAL LEADERSHIP.— 

14 The term ‘‘congressional leadership’’ 

15 means— 

16 (I) the majority leader of the 

17 Senate; 

18 (II) the minority leader of the 

19 Senate; 

20 (III) the Speaker of the House of 

21 Representatives; and 

22 (IV) the minority leader of the 

23 House of Representatives. 

24 (B) FINAL REPORT REQUIRED.—Not later 

25 than 7 years from the date of enactment of this 


SSpencer on DSK126QN23PROD with BILLS
59 

•S 3351 IS

1 Act, the Commission shall submit to the appro2 priate committees of Congress, congressional 

3 leadership, the Director of National Intel4 ligence, and the Attorney General a final report 

5 on the findings of the Commission. 

6 (C) FORM OF FINAL REPORT.—The final 

7 report submitted pursuant to subparagraph (B) 

8 shall be in unclassified form but may include a 

9 classified annex. 

10 (D) ASSESSMENTS OF FINAL REPORT.— 

11 Not later than 1 year after receipt of the final 

12 report under subparagraph (B), the Director of 

13 National Intelligence and the Attorney General 

14 shall each submit to the appropriate committees 

15 of Congress and congressional leadership an as16 sessment of such report. 

17 (2) TERMINATION.— 

18 (A) IN GENERAL.—The Commission, and 

19 all the authorities of this section, shall termi20 nate on the date that is 2 years after the date 

21 on which the final report is submitted under 

22 paragraph (1)(B). 

23 (B) WIND-DOWN PERIOD.—The Commis24 sion may use the 120-day period referred to in 

25 subparagraph (A) for the purposes of conVerDate Sep 11 2014 04:18 Dec 02, 2023 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3351.IS S3351

SSpencer on DSK126QN23PROD with BILLS
60 

•S 3351 IS

1 cluding its activities, including providing testi2 mony to Congress concerning the final report 

3 referred to in that paragraph and disseminating 

4 the report. 

5 (k) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE

6 PROVISIONS.— 

7 (1) FEDERAL ADVISORY COMMITTEE ACT.—The 

8 provisions of the Federal Advisory Committee Act (5 

9 U.S.C. App.) shall not apply to the activities of the 

10 Commission under this section. 

11 (2) FREEDOM OF INFORMATION ACT.—The pro12 visions of section 552 of title 5, United States Code 

13 (commonly referred to as the ‘‘Freedom of Informa14 tion Act’’), shall not apply to the activities, records, 

15 and proceedings of the Commission under this sec16 tion. 

17 (l) FUNDING.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this section $3,000,000. 

21 (2) AVAILABILITY IN GENERAL.—Subject to 

22 paragraph (1), the Director of National Intelligence 

23 shall make available to the Commission such 

24 amounts as the Commission may require for purVerDate Sep 11 2014 04:18 Dec 02, 2023 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3351.IS S3351

SSpencer on DSK126QN23PROD with BILLS
61 

•S 3351 IS

1 poses of the activities of the Commission under this 

2 section. 

3 (3) DURATION OF AVAILABILITY.—Amounts 

4 made available to the Commission under paragraph 

5 (2) shall remain available until expended or upon 

6 termination under subsection (i)(2), whichever oc7 curs first. 

8 (m) CONGRESSIONAL INTELLIGENCE COMMITTEES

9 DEFINED.—In this section, the term ‘‘congressional intel10 ligence committees’’ means— 

11 (1) the Select Committee on Intelligence of the 

12 Senate; and 

13 (2) the Permanent Select Committee on Intel14 ligence of the House of Representatives. 

Æ 


SSpencer on DSK126QN23PROD with BILLS