I 

118TH CONGRESS 

1ST SESSION H. R. 6611 

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

reforms to the authorities under such Act, to reauthorize title VII of 

such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2023 

Mr. TURNER (for himself and Mr. HIMES) 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 amend the Foreign Intelligence Surveillance Act of 1978 

to make certain reforms to the authorities under such 

Act, to reauthorize title VII of such Act, 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 ‘‘FISA Reform and Reauthorization Act of 2023’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—RESTRICTION ON FEDERAL BUREAU OF 

INVESTIGATION QUERIES 

Sec. 101. Revoking Federal Bureau of Investigation authority to conduct queries unrelated to national security. 

Sec. 102. Strictly limiting Federal Bureau of Investigation personnel authorizing United States person queries. 

Sec. 103. Notification for certain queries conducted by Federal Bureau of Investigation. 

Sec. 104. Requirement for congressional consent prior to certain Federal Bureau of Investigation queries for purpose of defensive briefings. 

Sec. 105. Restrictions relating to conduct of certain queries by Federal Bureau 

of Investigation. 

Sec. 106. Prohibition on involvement of political appointees in process to approve Federal Bureau of Investigation queries. 

Sec. 107. Requirement for adoption of certain minimum accountability standards. 

Sec. 108. Restriction on certain information available to Federal Bureau of Investigation. 

Sec. 109. Mandatory audits of United States person queries conducted by Federal Bureau of Investigation. 

Sec. 110. Prohibited purposes for queries using United States person query 

terms. 

TITLE II—FISA APPLICATIONS AND ORDERS 

Sec. 201. Requirement for sworn statements for factual assertions. 

Sec. 202. Prohibition on use of politically derived information in applications 

for certain orders by the Foreign Intelligence Surveillance 

Court. 

Sec. 203. Prohibition on use of press reports in applications for certain orders 

by the Foreign Intelligence Surveillance Court. 

Sec. 204. Description of techniques carried out before application. 

Sec. 205. Requirement for certain justification prior to extension of orders. 

Sec. 206. Requirement for certifications regarding accuracy of applications. 

Sec. 207. Requirement for justification of underlying criminal offense in certain 

applications. 

Sec. 208. Modification to duration of approved period under certain orders for 

non-United States persons. 

TITLE III—FOREIGN INTELLIGENCE SURVEILLANCE COURT AND 

FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW 

Sec. 301. Designation of counsel to scrutinize applications for United States 

persons. 

Sec. 302. Requirement for transcripts of proceedings. 

Sec. 303. Requirement for notification to congress of certain transcripts. 

Sec. 304. Judicial consistency for extensions. 

Sec. 305. Mandatory appointment of amicus curiae in judicial review of annual 

section 702 certifications and procedures. 

TITLE IV—FISA PENALTIES 


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Sec. 401. Removal or suspension of federal officers for misconduct before Foreign Intelligence Surveillance Court. 

Sec. 402. Penalties for unauthorized disclosure of application for electronic surveillance. 

Sec. 403. Increased criminal penalties for offense under FISA. 

Sec. 404. Criminal penalties for unauthorized disclosure of certain incidentally 

collected United States person information. 

Sec. 405. Contempts constituting crimes. 

Sec. 406. Sentencing enhancement for false declarations before FISC. 

Sec. 407. Annual reporting on disciplinary actions by Federal Bureau of Investigation. 

TITLE V—REPORTS AND OTHER MATTERS 

Sec. 501. Inclusion of counternarcotics in definition of foreign intelligence. 

Sec. 502. Revocation of statutory reporting exemption and additional reporting 

requirement for Federal Bureau of Investigation. 

Sec. 503. Notification to Congress of certain unauthorized disclosures. 

Sec. 504. Definition of electronic communication service provider. 

Sec. 505. Vetting of non-United States persons. 

Sec. 506. Accountability measures for executive leadership of Federal Bureau 

of Investigation. 

Sec. 507. Report on technology needed for near-real time monitoring of Federal 

Bureau of Investigation compliance. 

Sec. 508. Inspector General report on Federal Bureau of Investigation querying 

practices. 

Sec. 509. Sense of Congress on the targeted collection of United States person 

information. 

Sec. 510. FISA Reform Commission. 

Sec. 511. Extension of certain authorities; sunset. 

Sec. 512. Severability; applicability date. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 (a) REFERENCES TO FOREIGN INTELLIGENCE SUR4 VEILLANCE ACT OF 1978.—Except as otherwise expressly 

5 provided, whenever in this Act an amendment or repeal 

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

7 of, a section or other provision, the reference shall be con8 sidered to be made to a section or other provision of the 

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

10 1801 et seq.). 


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1 (b) EFFECT OF CERTAIN AMENDMENTS ON CON2 FORMING CHANGES TO TABLES OF CONTENTS.—When an 

3 amendment made by this Act adds a section or larger or4 ganizational unit to the Foreign Intelligence Surveillance 

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

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

7 amends the designation or heading of a section or larger 

8 organizational unit in such Act, that amendment also shall 

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

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

11 the amendment. 

12 TITLE I—RESTRICTION ON FED13 ERAL BUREAU OF INVESTIGA14 TION QUERIES 

15 SEC. 101. REVOKING FEDERAL BUREAU OF INVESTIGATION 

16 AUTHORITY TO CONDUCT QUERIES UNRE17 LATED TO NATIONAL SECURITY. 

18 Subsection (f)(2) of section 702 is amended to read 

19 as follows: 

20 ‘‘(2) PROHIBITION ON CONDUCT OF QUERIES

21 THAT ARE SOLELY DESIGNED TO FIND AND EX22 TRACT EVIDENCE OF A CRIME.— 

23 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

24 UNITED STATES PERSON QUERIES.—The 

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1 graph (1) for the Federal Bureau of Investiga2 tion shall prohibit queries of information ac3 quired under subsection (a) that are solely de4 signed to find and extract evidence of criminal 

5 activity. 

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

7 subparagraph (A) shall not apply with respect 

8 to a query if—‘(i) there is a reasonable belief 

9 that such query may retrieve information that 

10 could assist in mitigating or eliminating a 

11 threat to life or serious bodily harm’; or ‘(ii) 

12 such query is necessary to identify information 

13 that must be produced or preserved in connec14 tion with a litigation matter or to fulfill dis15 covery obligations in criminal matters under the 

16 laws of the United States or any State there17 of.’ ’’. 

18 SEC. 102. STRICTLY LIMITING FEDERAL BUREAU OF INVES19 TIGATION PERSONNEL AUTHORIZING 

20 UNITED STATES PERSON QUERIES. 

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

22 is further amended— 

23 (1) by redesignating paragraph (3) as para24 graph (6); and 


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1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph: 

3 ‘‘(3) RESTRICTIONS IMPOSED ON FEDERAL BU4 REAU OF INVESTIGATION.— 

5 ‘‘(A) LIMITS ON AUTHORIZATIONS OF

6 UNITED STATES PERSON QUERIES.— 

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

8 Investigation personnel must obtain prior 

9 approval from a Federal Bureau of Inves10 tigation supervisor (or employee of equiva11 lent or greater rank) or attorney who is 

12 authorized to access unminimized contents 

13 or noncontents obtained through acquisi14 tions authorized under subsection (a) for 

15 any query of such unminimized contents or 

16 noncontents made using a United States 

17 person query term. 

18 ‘‘(ii) EXCEPTION.—A United States 

19 person query to be conducted by the Fed20 eral Bureau of Investigation of 

21 unminimized contents or noncontents ob22 tained through acquisitions authorized 

23 under subsection (a) using a United States 

24 person query term may be conducted with25 out obtaining prior approval as specified in 


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1 clause (i) only if the person conducting the 

2 United States person query has a reason3 able belief that conducting the query could 

4 assist in mitigating or eliminating a threat 

5 to life or serious bodily harm.’’. 

6 SEC. 103. NOTIFICATION FOR CERTAIN QUERIES CON7 DUCTED BY FEDERAL BUREAU OF INVES8 TIGATION. 

9 Subsection (f)(3) of section 702, as amended by this 

10 Act, is further amended by adding at the end the following 

11 new subparagraph: 

12 ‘‘(B) NOTIFICATION REQUIREMENT FOR

13 CERTAIN FBI QUERIES.— 

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

15 the Federal Bureau of Investigation shall 

16 promptly notify appropriate congressional 

17 leadership of any query conducted by the 

18 Federal Bureau of Investigation using a 

19 query term that is reasonably believed to 

20 be the name or other personally identifying 

21 information of a Member of Congress, and 

22 shall also notify the member who is the 

23 subject of such query. 

24 ‘‘(ii) APPROPRIATE CONGRESSIONAL

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1 graph, the term ‘appropriate congressional 

2 leadership’ means the following: 

3 ‘‘(I) The chairs and ranking mi4 nority members of the congressional 

5 intelligence committees. 

6 ‘‘(II) The Speaker and minority 

7 leader of the House of Representa8 tives. 

9 ‘‘(III) The majority and minority 

10 leaders of the Senate. 

11 ‘‘(iii) NATIONAL SECURITY CONSIDER12 ATIONS.—In submitting a notification 

13 under clause (i), the Director shall give 

14 due regard to the protection of classified 

15 information, sources and methods, and na16 tional security. 

17 ‘‘(iv) WAIVER.— 

18 ‘‘(I) IN GENERAL.—The Director 

19 may waive a notification required 

20 under clause (i) if the Director deter21 mines such notification would impede 

22 an ongoing national security or law 

23 enforcement investigation. 

24 ‘‘(II) TERMINATION.—A waiver 

25 under subclause (I) shall terminate on 


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1 the date the Director determines the 

2 relevant notification would not impede 

3 the relevant national security or law 

4 enforcement investigation or on the 

5 date that such investigation ends, 

6 whichever is earlier’’. 

7 SEC. 104. REQUIREMENT FOR CONGRESSIONAL CONSENT 

8 PRIOR TO CERTAIN FEDERAL BUREAU OF IN9 VESTIGATION QUERIES FOR PURPOSE OF DE10 FENSIVE BRIEFINGS. 

11 Subsection (f)(3) of section 702, as amended by this 

12 Act, is further amended by inserting after subparagraph 

13 (B) the following new subparagraph: 

14 ‘‘(C) CONSENT REQUIRED FOR FBI TO

15 CONDUCT CERTAIN QUERIES FOR PURPOSE OF

16 DEFENSIVE BRIEFING.— 

17 ‘‘(i) CONSENT REQUIRED.—The Fed18 eral Bureau of Investigation may not, for 

19 the exclusive purpose of supplementing the 

20 contents of a briefing on the defense 

21 against a counterintelligence threat to a 

22 Member of Congress, conduct a query 

23 using a query term that is the name or re24 stricted personal information (as such term 


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1 is defined in section 119 of title 18, United 

2 States Code) of that member unless— 

3 ‘‘(I) the member provides consent 

4 to the use of the query term; or 

5 ‘‘(II) the Deputy Director of the 

6 Federal Bureau of Investigation de7 termines that exigent circumstances 

8 exist sufficient to justify the conduct 

9 of such query. 

10 ‘‘(ii) NOTIFICATION.— 

11 ‘‘(I) NOTIFICATION OF CONSENT

12 SOUGHT.—Not later than three busi13 ness days after submitting a request 

14 for consent from a Member of Con15 gress under clause (i), the Director of 

16 the Federal Bureau of Investigation 

17 shall notify the appropriate congres18 sional leadership, regardless of wheth19 er the member provided such consent. 

20 ‘‘(II) NOTIFICATION OF EXCEP21 TION USED.—Not later than three 

22 business days after the conduct of a 

23 query under clause (i) without consent 

24 on the basis of the existence of exi25 gent circumstances determined under 


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1 subclause (II) of such clause, the Di2 rector of the Federal Bureau of Inves3 tigation shall notify the appropriate 

4 congressional leadership. 

5 ‘‘(iii) RULE OF CONSTRUCTION.— 

6 Nothing in this subparagraph may be con7 strued as— 

8 ‘‘(I) applying to matters outside 

9 of the scope of the briefing on the de10 fense against a counterintelligence 

11 threat to be provided or supplemented 

12 under clause (i); or 

13 ‘‘(II) limiting the lawful inves14 tigative activities of the Federal Bu15 reau of Investigation other than 

16 supplementing the contents of a brief17 ing on the defense against a counter18 intelligence threat to a Member of 

19 Congress. 

20 ‘‘(iv) APPROPRIATE CONGRESSIONAL

21 LEADERSHIP DEFINED.—In this subpara22 graph, the term ‘appropriate congressional 

23 leadership’ means the following: 


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1 ‘‘(I) The chairs and ranking mi2 nority members of the congressional 

3 intelligence committees. 

4 ‘‘(II) The Speaker and minority 

5 leader of the House of Representa6 tives. 

7 ‘‘(III) The majority and minority 

8 leaders of the Senate.’’. 

9 SEC. 105. RESTRICTIONS RELATING TO CONDUCT OF CER10 TAIN QUERIES BY FEDERAL BUREAU OF IN11 VESTIGATION. 

12 Subsection (f)(3) of section 702, as amended by this 

13 Act, is further amended by adding at the end the following 

14 new subparagraph: 

15 ‘‘(D) QUERYING PROCEDURES APPLICABLE

16 TO FEDERAL BUREAU OF INVESTIGATION.—For 

17 any procedures adopted under paragraph (1) 

18 applicable to the Federal Bureau of Investiga19 tion, the Attorney General, in consultation with 

20 the Director of National Intelligence, shall in21 clude the following requirements: 

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

23 prior to conducting any query, personnel of 

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1 cessfully complete training on the querying 

2 procedures on an annual basis. 

3 ‘‘(ii) ADDITIONAL PRIOR APPROVALS

4 FOR SENSITIVE QUERIES.—A requirement 

5 that, absent exigent circumstances, prior to 

6 conducting certain queries, personnel of 

7 the Federal Bureau of Investigation receive 

8 approval, at minimum, as follows: 

9 ‘‘(I) IN GENERAL.— 

10 ‘‘(aa) Approval from the 

11 Deputy Director of the Federal 

12 Bureau of Investigation if the 

13 query uses a query term reason14 ably believed to identify a United 

15 States elected official, an ap16 pointee of the President or a 

17 State governor, a United States 

18 political candidate, a United 

19 States political organization or a 

20 United States person prominent 

21 in such organization, or a United 

22 States media organization or a 

23 United States person who is a 

24 member of such organization. 


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1 ‘‘(bb) Approval from an at2 torney of the Federal Bureau of 

3 Investigation if the query uses a 

4 query term reasonably believed to 

5 identify a United States religious 

6 organization or a United States 

7 person who is prominent in such 

8 organization. 

9 ‘‘(cc) Approval from an at10 torney of the Federal Bureau of 

11 Investigation if such conduct in12 volves batch job technology (or 

13 successor tool). 

14 ‘‘(iii) PRIOR WRITTEN JUSTIFICA15 TION.—A requirement that, prior to con16 ducting a query using a United States per17 son query term, personnel of the Federal 

18 Bureau of Investigation provide a written 

19 statement of the specific factual basis to 

20 support the reasonable belief that such 

21 query meets the standards required by the 

22 procedures adopted under paragraph (1). 

23 The Federal Bureau of Investigation shall 

24 keep a record of each such written state25 ment. 


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1 ‘‘(iv) STORAGE OF CERTAIN CON2 TENTS AND NONCONTENTS.—Any system 

3 of the Federal Bureau of Investigation 

4 that stores unminimized contents or non5 contents obtained through acquisitions au6 thorized under subsection (a) together with 

7 contents or noncontents obtained through 

8 other lawful means shall be configured in 

9 a manner that— 

10 ‘‘(I) requires personnel of the 

11 Federal Bureau of Investigation to af12 firmatively elect to include such 

13 unminimized contents or noncontents 

14 obtained through acquisitions author15 ized under subsection (a) when run16 ning a query; or 

17 ‘‘(II) includes other controls rea18 sonably expected to prevent inad19 vertent queries of such unminimized 

20 contents or noncontents. 

21 ‘‘(v) WAIVER AUTHORITY FOR FOR22 EIGN INTELLIGENCE SURVEILLANCE

23 COURT.—If the Foreign Intelligence Sur24 veillance Court finds that the procedures 

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1 ures that are reasonably expected to result 

2 in similar compliance outcomes as the 

3 measures specified in clauses (i) through 

4 (iv) of this subparagraph, the Foreign In5 telligence Surveillance Court may waive 

6 one or more of the requirements specified 

7 in such clauses.’’. 

8 (v) WAIVER AUTHORITY FOR FOREIGN INTEL9 LIGENCE SURVEILLANCE COURT.—If the Foreign Intel10 ligence Surveillance Court finds that the procedures 

11 adopted under paragraph (1) include measures that are 

12 reasonably expected to result in similar compliance out13 comes as the measures specified in clauses (i) through (iv) 

14 of this subparagraph, the Foreign Intelligence Surveil15 lance Court may waive one or more of the requirements 

16 specified in such clauses. 

17 SEC. 106. PROHIBITION ON INVOLVEMENT OF POLITICAL 

18 APPOINTEES IN PROCESS TO APPROVE FED19 ERAL BUREAU OF INVESTIGATION QUERIES. 

20 Subsection (f)(3)(D)(ii) of section 702, as amended 

21 by this Act, is further amended by inserting after sub22 clause (I) the following new subclause: 

23 ‘‘(II) PROHIBITION ON POLIT24 ICAL APPOINTEES WITHIN THE PROC25 ESS TO APPROVE FEDERAL BUREAU


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1 OF INVESTIGATION QUERIES.—The 

2 procedures shall prohibit any political 

3 personnel, such as those classified by 

4 the Office of Personnel Management 

5 as Presidential Appointment with 

6 Senate Confirmation, Presidential Ap7 pointment (without Senate Confirma8 tion), Noncareer Senior Executive 

9 Service Appointment, or Schedule C 

10 Excepted Appointment, from inclusion 

11 in the Federal Bureau of Investiga12 tion’s prior approval process under 

13 subclause (I).’’. 

14 SEC. 107. REQUIREMENT FOR ADOPTION OF CERTAIN MIN15 IMUM ACCOUNTABILITY STANDARDS. 

16 (a) MINIMUM ACCOUNTABILITY STANDARDS.—Sub17 section (f) of section 702, as amended by this Act, is fur18 ther amended by inserting after paragraph (3) the fol19 lowing new paragraph: 

20 ‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.— 

21 The Director of the Federal Bureau of Investigation 

22 shall issue minimum accountability standards that 

23 set forth escalating consequences for noncompliant 

24 querying of United States person terms within the 

25 contents of communications that were acquired 


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1 under this section. Such standards shall include, at 

2 minimum, the following: 

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

4 ‘‘(B) Escalating consequences for uninten5 tional noncompliance, including the threshold 

6 for mandatory revocation of access to query in7 formation acquired under this section. 

8 ‘‘(C) Consequences for supervisors who 

9 oversee users that engage in noncompliant que10 ries.’’. 

11 (b) DEADLINES.—Not later than 90 days after the 

12 date of the enactment of this Act, the Director of the Fed13 eral Bureau of Investigation shall issue the minimum ac14 countability standards required under subsection (f)(4) of 

15 section 702 of the Foreign Intelligence Surveillance Act 

16 of 1978 (50 U.S.C. 1881a). 

17 (c) REPORTS.— 

18 (1) SUBMISSION OF STANDARDS.—Not later 

19 than 90 days after the date of the enactment of this 

20 Act, the Director of the Federal Bureau of Inves21 tigation shall submit to the appropriate congres22 sional committees the minimum accountability 

23 standards issued under subsection (a). 

24 (2) ANNUAL REPORT ON IMPLEMENTATION.— 

25 Not later than December 1, 2024, and annually 


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1 thereafter for 3 years, the Director of the Federal 

2 Bureau of Investigation shall submit to the appro3 priate congressional committees a report detailing 

4 each adverse personnel action taken pursuant to the 

5 minimum accountability standards and a description 

6 of the conduct that led to each such action. 

7 (d) DEFINITION OF APPROPRIATE CONGRESSIONAL

8 COMMITTEES.—In this section, the term ‘‘appropriate 

9 congressional committees’’ means— 

10 (1) the congressional intelligence committees, as 

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

12 of the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1881); and 

14 (2) the Committees on the Judiciary of the 

15 House of Representatives and of the Senate. 

16 SEC. 108. RESTRICTION ON CERTAIN INFORMATION AVAIL17 ABLE TO FEDERAL BUREAU OF INVESTIGA18 TION. 

19 Section 702 is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(n) RESTRICTION ON CERTAIN INFORMATION

22 AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 

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

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1 positories unless the targeted person is relevant to 

2 an existing, open, predicated full national security 

3 investigation by the Federal Bureau of Investigation. 

4 ‘‘(2) EXCEPTION FOR EXIGENT CIR5 CUMSTANCES.—Paragraph (1) does not apply if the 

6 Director of the National Security Agency decides it 

7 is necessary due to exigent circumstances and pro8 vides notification within three business days to the 

9 congressional intelligence committees, the Speaker 

10 and minority leader of the House of Representatives, 

11 and the majority and minority leaders of the Senate. 

12 ‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER

13 AGENCIES.—Subparagraph (A) does not apply where 

14 the Federal Bureau of Investigation has agreed to 

15 provide technical, analytical, or linguistic assistance 

16 at the request of another federal agency.’’. 

17 SEC. 109. MANDATORY AUDITS OF UNITED STATES PERSON 

18 QUERIES CONDUCTED BY FEDERAL BUREAU 

19 OF INVESTIGATION. 

20 (a) AUDITS REQUIRED.—For each query identified 

21 by the Federal Bureau of Investigation as a United States 

22 person query against information acquired pursuant to 

23 subsection (a) of section 702 of the Foreign Intelligence 

24 Surveillance Act of 1978 (50 U.S.C. 1881a) conducted by 

25 the Federal Bureau of Investigation, not later than 180 


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1 days after the conduct of such query, the Department of 

2 Justice shall conduct an audit of such query. 

3 (b) APPLICABILITY.—The requirement under sub4 section (a) shall apply with respect to queries conducted 

5 on or after the date of the enactment of this Act. 

6 (c) SUNSET.—This section shall terminate on the 

7 earlier of the following: 

8 (1) The date that is 4 years after the date of 

9 the enactment of this Act. 

10 (2) The date on which the Attorney General 

11 submits to the appropriate congressional committees 

12 a certification that the Federal Bureau of Investiga13 tion has implemented a process for the internal 

14 audit of all queries referred to in subsection (a). 

15 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this section, the term ‘‘appropriate con17 gressional committees’’ means— 

18 (1) the congressional intelligence committees, as 

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

20 of the Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1881); and 

22 (2) the Committees on the Judiciary of the 

23 House of Representatives and of the Senate. 


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1 SEC. 110. PROHIBITED PURPOSES FOR QUERIES USING 

2 UNITED STATES PERSON QUERY TERMS. 

3 No query of information acquired under section 702 

4 of the Foreign Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1881a) using a United States person query term 

6 may be conducted for the purpose of— 

7 (1) suppressing or burdening criticism, dissent, 

8 or the free expression of ideas or political opinions 

9 of such United States person; or 

10 (2) disadvantaging or harming such United 

11 States person based on their ethnicity, race, gender, 

12 sexual orientation, or religion. 

13 TITLE II—FISA APPLICATIONS 

14 AND ORDERS 

15 SEC. 201. REQUIREMENT FOR SWORN STATEMENTS FOR 

16 FACTUAL ASSERTIONS. 

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

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

19 sworn statement of’’. 

20 (b) TITLE III.—Subsection (a)(3) of section 303 is 

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

22 sworn statement of’’. 

23 (c) SECTION 703.—Subsection (b)(1)(C) of section 

24 703 is amended by striking ‘‘a statement of’’ and inserting 

25 ‘‘a sworn statement of’’. 


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1 (d) SECTION 704.—Subsection (b)(3) of section 704 

2 is amended by striking ‘‘a statement of’’ and inserting ‘‘a 

3 sworn statement of’’. 

4 (e) APPLICABILITY.—The amendments made by this 

5 section shall apply with respect to applications made on 

6 or after the date that is 120 days after the date of enact7 ment of this Act. 

8 SEC. 202. PROHIBITION ON USE OF POLITICALLY DERIVED 

9 INFORMATION IN APPLICATIONS FOR CER10 TAIN ORDERS BY THE FOREIGN INTEL11 LIGENCE SURVEILLANCE COURT. 

12 (a) TITLE I.—Subsection (a)(6) of section 104 is 

13 amended— 

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

15 and inserting a semicolon; 

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

17 semicolon and inserting ‘‘; and’’; and 

18 (3) by adding after subparagraph (E) the fol19 lowing new subparagraph: 

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

21 in the statement described in paragraph (3) 

22 was solely produced by, derived from informa23 tion produced by, or obtained using the funds 

24 of, a political organization (as such term is de25 fined in section 527 of the Internal Revenue 


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1 Code of 1986) on the opponent of a candidate 

2 in an election for Federal, State, or local office, 

3 unless— 

4 ‘‘(i) the political organization is clear5 ly identified in the body of the statement 

6 described in paragraph (3); 

7 ‘‘(ii) the information has been cor8 roborated; and 

9 ‘‘(iii) the investigative techniques used 

10 to corroborate the information are clearly 

11 identified in the body of the statement de12 scribed in paragraph (3); and’’. 

13 (b) TITLE III.—Subsection (a)(6) of section 303 is 

14 amended— 

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

16 and inserting a semicolon; 

17 (2) in subparagraph (E), by striking the semi18 colon and inserting ‘‘; and’’; and 

19 (3) by inserting after subparagraph (E) the fol20 lowing new subparagraph: 

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

22 in the statement described in paragraph (3) 

23 was solely produced by, derived from informa24 tion produced by, or obtained using the funds 

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1 fined in section 527 of the Internal Revenue 

2 Code of 1986) on the opponent of a candidate 

3 in an election for Federal, State, or local office, 

4 unless— 

5 ‘‘(i) the political organization is clear6 ly identified in the body of the statement 

7 described in paragraph (3); 

8 ‘‘(ii) the information has been cor9 roborated; and 

10 ‘‘(iii) the investigative techniques used 

11 to corroborate the information are clearly 

12 identified in the body of the statement de13 scribed in paragraph (3); and’’. 

14 (c) APPLICABILITY.—The amendments made by this 

15 section shall apply with respect to applications made on 

16 or after the date that is 120 days after the date of enact17 ment of this Act. 

18 SEC. 203. PROHIBITION ON USE OF PRESS REPORTS IN AP19 PLICATIONS FOR CERTAIN ORDERS BY THE 

20 FOREIGN INTELLIGENCE SURVEILLANCE 

21 COURT. 

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

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

24 end the following new subparagraph: 


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

2 in the statement described in paragraph (3) is 

3 solely attributable to or derived from the con4 tent of a media source unless the statement in5 cludes a clear identification of each author of 

6 that content, and, where applicable, the pub7 lisher of that content;’’. 

8 (b) TITLE III.—Subsection (a)(6) of section 303, as 

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

10 end the following new subparagraph: 

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

12 in the statement described in paragraph (3) is 

13 solely attributable to or derived from the con14 tent of a media source unless the statement in15 cludes a clear identification of each author of 

16 that content, and, where applicable, the pub17 lisher of that content;’’. 

18 (c) APPLICABILITY.—The amendments made by this 

19 section shall apply with respect to applications made on 

20 or after the date that is 120 days after the date of enact21 ment of this Act. 

22 SEC. 204. DESCRIPTION OF TECHNIQUES CARRIED OUT BE23 FORE APPLICATION. 

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

25 amended by this Act, is further amended— 


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•HR 6611 IH

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 new 

6 paragraph: 

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

8 States person, a statement summarizing the inves9 tigative techniques carried out before making the ap10 plication;’’. 

11 (b) APPLICABILITY.—The amendments made by this 

12 section shall apply with respect to applications made on 

13 or after the date that is 120 days after the date of enact14 ment of this Act. 

15 SEC. 205. REQUIREMENT FOR CERTAIN JUSTIFICATION 

16 PRIOR TO EXTENSION OF ORDERS. 

17 (a) APPLICATIONS FOR EXTENSION OF ORDERS

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

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

20 end the following new paragraph: 

21 ‘‘(11) in the case of an application for an exten22 sion of an order under this title for a surveillance 

23 targeted against a United States person, a summary 

24 statement of the foreign intelligence information ob25 tained pursuant to the original order (and any preVerDate Sep 11 2014 00:59 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6611.IH H6611

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•HR 6611 IH

1 ceding extension thereof) as of the date of the appli2 cation for the extension, or a reasonable explanation 

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

4 (b) APPLICATIONS FOR EXTENSION OF ORDERS

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

6 amended by this Act, is further amended by: 

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

8 inserting a semicolon; 

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

10 the end and inserting a semicolon; and 

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

12 paragraph: 

13 ‘‘(9) in the case of an application for an exten14 sion of an order under this title in which the target 

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

16 summary statement of the foreign intelligence infor17 mation obtained pursuant to the original order (and 

18 any preceding extension thereof) as of the date of 

19 the application for the extension, or a reasonable ex20 planation of the failure to obtain such information; 

21 and’’. 

22 (c) APPLICABILITY.—The amendments made by this 

23 section shall apply with respect to applications made on 

24 or after the date that is 120 days after the date of enact25 ment of this Act. 


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1 SEC. 206. REQUIREMENT FOR CERTIFICATIONS REGARD2 ING ACCURACY OF APPLICATIONS. 

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

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

5 end the following new paragraph: 

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

8 declarant, the Attorney General or a designated at9 torney for the Government has been apprised of all 

10 information 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 is 

19 amended by adding at the end the following: 

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

21 the best knowledge of the applicant, the Attorney 

22 General or a designated attorney for the Govern23 ment has been apprised of all information that 

24 might reasonably— 

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

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1 ment in the application conducted by the de2 partment or agency on whose behalf the appli3 cation is made; or 

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

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

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

7 amended— 

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

9 inserting a semicolon; 

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

11 the end and inserting ‘‘; and’’; and 

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

13 paragraph: 

14 ‘‘(4) a certification by the applicant seeking to 

15 use the pen register or trap and trace device covered 

16 by the application that, to the best knowledge of the 

17 applicant, the Attorney General or a designated at18 torney for the Government has been apprised of all 

19 information that might reasonably— 

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

21 application or the reasonableness of any assess22 ment in the application conducted by the de23 partment or agency on whose behalf the appli24 cation is made; or 


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

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

3 (d) TITLE V.—Subsection (b)(2) of section 502 is 

4 amended— 

5 (1) in subparagraph (C)(i), by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (2) in subparagraph (D), by striking the period 

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

9 (3) by adding at the end the following new sub10 paragraph: 

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

12 the best knowledge of the applicant, the appli13 cation fairly reflects all information that might 

14 reasonably— 

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

16 the application or the reasonableness of 

17 any assessment in the application con18 ducted by the department or agency on 

19 whose behalf the application is made; or 

20 ‘‘(ii) otherwise raise doubts with re21 spect to the findings required under sub22 section (c).’’. 

23 (e) TITLE VII.— 

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

25 703 is amended— 


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•HR 6611 IH

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

2 and’’ and inserting a semicolon; 

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

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

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

6 subparagraph: 

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

8 to the best knowledge of the applicant, the At9 torney General or a designated attorney for the 

10 Government has been apprised of all informa11 tion that might reasonably— 

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

13 the application or the reasonableness of 

14 any assessment in the application con15 ducted by the department or agency on 

16 whose behalf the application is made; or 

17 ‘‘(ii) otherwise raise doubts with re18 spect to the findings required under sub19 section (c).’’. 

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

21 704 is amended— 

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

23 and inserting a semicolon; 

24 (B) in paragraph (7), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 


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

2 paragraph: 

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

4 best knowledge of the applicant, the Attorney Gen5 eral or a designated attorney for the Government 

6 has been apprised of all information that might rea7 sonably— 

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 subsection (c).’’. 

15 (f) APPLICABILITY.—The amendments made by this 

16 section shall apply with respect to applications made on 

17 or after the date that is 120 days after the date of enact18 ment of this Act. 

19 (g) ACCURACY PROCEDURES.—Not later than 180 

20 days after the date of the enactment of this Act, the Attor21 ney General, in consultation with the Director of the Fed22 eral Bureau of Investigation, shall issue procedures gov23 erning the review of case files, as appropriate, to ensure 

24 that applications to the Foreign Intelligence Surveillance 

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1 veillance Act of 1978 (50 U.S.C. 1801 et seq.) that target 

2 United States persons are accurate and complete. 

3 SEC. 207. REQUIREMENT FOR JUSTIFICATION OF UNDER4 LYING CRIMINAL OFFENSE IN CERTAIN AP5 PLICATIONS. 

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

7 amended by inserting before the semicolon at the end the 

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

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

10 power (as described in section 101(b)(2)(B)), that a viola11 tion of the criminal statutes of the United States as re12 ferred to in section 101(b)(2)(B) has occurred or will 

13 occur’’. 

14 (b) TITLE III.—Subsection (a)(3)(A) of section 303 

15 is amended by inserting before the semicolon at the end 

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

17 United States person alleged to be acting as an agent of 

18 a foreign power (as described in section 101(b)(2)(B)), 

19 that a violation of the criminal statutes of the United 

20 States as referred to in section 101(b)(2)(B) has occurred 

21 or will occur’’. 

22 (c) APPLICABILITY.—The amendments made by this 

23 section shall apply with respect to applications made on 

24 or after the date that is 120 days after the date of enact25 ment of this Act. 


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1 SEC. 208. MODIFICATION TO DURATION OF APPROVED PE2 RIOD UNDER CERTAIN ORDERS FOR NON3 UNITED STATES PERSONS. 

4 (a) TITLE I.—Subsection (d) of section 105 is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘against a foreign power, as defined in section 

9 101(a), (1), (2), or (3),’’ and inserting ‘‘against 

10 a foreign power’’; and 

11 (B) in subparagraph (B), by striking ‘‘120 

12 days’’ and inserting ‘‘one year’’; and 

13 (2) by striking paragraph (2); and 

14 (3) by redesignating paragraphs (3) and (4) as 

15 paragraphs (2) and (3), respectively. 

16 (b) TITLE III.—Subsection (d) of section 304 is 

17 amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (A), by striking 

20 ‘‘against a foreign power, as defined in para21 graph (1), (2), or (3) of section 101(a),’’ and 

22 inserting ‘‘against a foreign power’’; and 

23 (B) in subparagraph (B), by striking ‘‘120 

24 days’’ and inserting ‘‘one year’’; and 

25 (2) by striking paragraph (2); and 


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1 (3) by redesignating paragraph (3) as para2 graph (2). 

3 TITLE III—FOREIGN INTEL4 LIGENCE SURVEILLANCE 

5 COURT AND FOREIGN INTEL6 LIGENCE SURVEILLANCE 

7 COURT OF REVIEW 

8 SEC. 301. DESIGNATION OF COUNSEL TO SCRUTINIZE AP9 PLICATIONS FOR UNITED STATES PERSONS. 

10 Section 103 is amended by adding at the end the fol11 lowing new subsection: 

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

14 any application for an order pursuant to section 104 that 

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

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

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

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

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

23 concerns in the application; and 


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

2 which the judge shall consider during a proceeding 

3 on the application, as appropriate— 

4 ‘‘(A) that the application should be ap5 proved, denied, or modified; 

6 ‘‘(B) that the Government should supply 

7 additional information in connection with such 

8 application; or 

9 ‘‘(C) that any requirements or conditions 

10 should be imposed on the Government for the 

11 approval of such application.’’. 

12 SEC. 302. REQUIREMENT FOR TRANSCRIPTS OF PRO13 CEEDINGS. 

14 Subsection (c) of section 103 is amended— 

15 (1) by inserting ‘‘, and hearings shall be tran16 scribed’’ before the first period; 

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

18 after ‘‘applications made’’; and 

19 (3) by adding at the end the following new sen20 tence: ‘‘Transcriptions and any related records, in21 cluding testimony and affidavits, shall be stored in 

22 a file associated with the relevant application or 

23 order.’’. 


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1 SEC. 303. REQUIREMENT FOR NOTIFICATION TO CONGRESS 

2 OF CERTAIN TRANSCRIPTS. 

3 Subsection (c) of section 601 is amended— 

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

5 inserting a semicolon; 

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

7 inserting ‘‘; and’’; and 

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

9 paragraph: 

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

11 proceeding before the Foreign Intelligence Surveil12 lance Court or Foreign Intelligence Surveillance 

13 Court of Review for which a court reporter produces 

14 a transcript, not later than 45 days after the govern15 ment receives the final transcript or the date on 

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

17 other proceeding is resolved, whichever is later, a no18 tice of the existence of such transcript. Not later 

19 than three business days after a committee referred 

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

21 transcript, the Attorney General shall facilitate such 

22 request.’’. 

23 SEC. 304. JUDICIAL CONSISTENCY FOR EXTENSIONS. 

24 Subsection (d) of section 105 is amended by adding 

25 at the end the following new paragraph: 


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

2 title for surveillance targeted against a United 

3 States person, to the extent practicable and absent 

4 exigent circumstances, shall be granted or denied by 

5 the same judge who issued the original order.’’. 

6 SEC. 305. MANDATORY APPOINTMENT OF AMICUS CURIAE 

7 IN JUDICIAL REVIEW OF ANNUAL SECTION 

8 702 CERTIFICATIONS AND PROCEDURES. 

9 Subsection (i) of section 103 is amended— 

10 (1) in paragraph (2)— 

11 (A) by redesignating subparagraphs (A) 

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

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

14 inserting the following subparagraph: 

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

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

17 subparagraph (B) of this section— 

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

19 (I) by striking ‘‘appoint an indi20 vidual who has’’ and inserting ‘‘ap21 point one or more individuals who 

22 have’’; and 

23 (II) by striking ‘‘; and’’ and in24 serting a semicolon; 

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


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1 (I) by striking ‘‘appoint an indi2 vidual or organization’’ and inserting 

3 ‘‘appoint one or more individuals or 

4 organizations’’; and 

5 (II) by striking the period at the 

6 end and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing new clause: 

9 ‘‘(iii) shall appoint one or more indi10 viduals who have been designated under 

11 paragraph (1) to serve as amicus curiae to 

12 assist such court in the consideration of 

13 any certification or procedures submitted 

14 for review pursuant to section 702, includ15 ing any amendments to such certifications 

16 or procedures, if the court established 

17 under subsection (a) has not appointed an 

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

19 the court issues a finding that such ap20 pointment is not appropriate or is likely to 

21 result in undue delay.’’; and 

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

23 subparagraphs: 

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

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


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1 the court shall, to the maximum extent prac2 ticable, appoint an individual who possesses ex3 pertise in both privacy and civil liberties and in4 telligence collection. 

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

6 appoints one or more individuals or organiza7 tions pursuant to this paragraph to assist such 

8 court in a proceeding under section 702, not9 withstanding subsection (j)(1)(B) of such sec10 tion, the court shall issue an order pursuant to 

11 subsection (j)(3) of such section as expedi12 tiously as possible consistent with subsection 

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

14 than 60 days after the date on which such cer15 tification, procedures, or amendments are sub16 mitted for the court’s review, or later than 60 

17 days after the court has issued an order ap18 pointing one or more individuals pursuant to 

19 this paragraph, whichever is earlier, unless a 

20 judge of that court issues an order finding that 

21 extraordinary circumstances necessitate addi22 tional time for review and that such extension 

23 of time is consistent with the national secu24 rity.’’; and 

25 (2) in paragraph (4)— 


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1 (A) by striking ‘‘paragraph (2)(A)’’ and in2 serting ‘‘paragraph (2)’’; 

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

4 appropriate’’; 

5 (C) by redesignating subparagraphs (A) 

6 through (C) as clauses (i) through (iii), respec7 tively; 

8 (D) by inserting before clause (i) the fol9 lowing new subparagraphs: 

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

11 issues identified by the court; and 

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

13 ’’; and 

14 (E) in subparagraph (B)(i), as redesig15 nated, by inserting ‘‘of United States persons’’ 

16 after ‘‘civil liberties’’. 

17 TITLE IV—FISA PENALTIES 

18 SEC. 401. REMOVAL OR SUSPENSION OF FEDERAL OFFI19 CERS FOR MISCONDUCT BEFORE FOREIGN 

20 INTELLIGENCE SURVEILLANCE COURT. 

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

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFI25 CERS FOR MISCONDUCT BEFORE COURTS.—An officer or 


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1 employee of the United States Government who engages 

2 in intentional misconduct with respect to proceedings be3 fore the Foreign Intelligence Surveillance Court or the 

4 Foreign Intelligence Surveillance Court of Review shall be 

5 subject to appropriate adverse actions, including, as ap6 propriate, suspension without pay or removal.’’. 

7 SEC. 402. PENALTIES FOR UNAUTHORIZED DISCLOSURE OF 

8 APPLICATION FOR ELECTRONIC SURVEIL9 LANCE. 

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

11 amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘intentionally’’; 

14 (2) in paragraph (1)— 

15 (A) by inserting ‘‘intentionally’’ before 

16 ‘‘engages in’’; and 

17 (B) by striking ‘‘; or’’ and inserting a 

18 semicolon; 

19 (3) in paragraph (2)— 

20 (A) by striking ‘‘disclose’’ and inserting 

21 ‘‘intentionally discloses’’; and 

22 (B) by striking the period at the end and 

23 inserting ‘‘; or’’; and 

24 (4) by adding at the end the following new 

25 paragraph: 


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•HR 6611 IH

1 ‘‘(3) knowingly and willfully communicates, fur2 nishes, transmits, or otherwise makes available to an 

3 unauthorized person, or publishes, or uses in any 

4 manner prejudicial to the safety or interest of the 

5 United States or for the benefit or any foreign gov6 ernment to the detriment of the United States an 

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

8 electronic surveillance under this Act.’’. 

9 (b) CONFORMING AMENDMENT.—Subsection (b) of 

10 such section is amended by striking ‘‘under subsection 

11 (a)’’ and inserting ‘‘under paragraph (1) or (2) of sub12 section (a)’’. 

13 SEC. 403. INCREASED CRIMINAL PENALTIES FOR OFFENSE 

14 UNDER FISA. 

15 Subsection (c) of section 109 is amended to read: 

16 ‘‘PENALTY.—A person guilty of an offense in this sec17 tion shall be fined under title 18, imprisoned for not more 

18 than 10 years, or both.’’. 

19 SEC. 404. CRIMINAL PENALTIES FOR UNAUTHORIZED DIS20 CLOSURE OF CERTAIN INCIDENTALLY COL21 LECTED UNITED STATES PERSON INFORMA22 TION. 

23 Title VII is amended by inserting the following new 

24 section: 


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•HR 6611 IH

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

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

3 under this section if that person knowingly and willfully 

4 communicates, furnishes, transmits, or otherwise makes 

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

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

7 United States or for the benefit of any foreign government 

8 to the detriment of the United States any classified infor9 mation that contains the contents of any communication 

10 acquired under this title to which a known United States 

11 person is a party. 

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

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

14 more than 8 years, or both. 

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

16 over an offense under this section if the person committing 

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

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

19 SEC. 405. CONTEMPTS CONSTITUTING CRIMES. 

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

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

22 United States’’ the following: ‘‘, including the Foreign In23 telligence Surveillance Court or the Foreign Intelligence 

24 Surveillance Court of Review established by section 103 

25 of the Foreign Intelligence Surveillance Act of 1978 (50 

26 U.S.C. 1803),’’. 


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1 SEC. 406. SENTENCING ENHANCEMENT FOR FALSE DEC2 LARATIONS BEFORE FISC. 

3 Subsection (a) of section 1623 of title 18, United 

4 States Code, is amended by inserting before ‘‘, or both’’ 

5 the following: ‘‘or, if such proceedings are before or ancil6 lary to the Foreign Intelligence Surveillance Court or the 

7 Foreign Intelligence Surveillance Court of Review estab8 lished by section 103 of the Foreign Intelligence Surveil9 lance Act of 1978 (50 U.S.C. 1803), imprisoned not more 

10 than ten years’’. 

11 SEC. 407. ANNUAL REPORTING ON DISCIPLINARY ACTIONS 

12 BY FEDERAL BUREAU OF INVESTIGATION. 

13 Section 603 is amended— 

14 (1) by redesignating subsection (e) as sub15 section (g); and 

16 (2) by inserting the following new subsection: 

17 ‘‘(e) MANDATORY REPORTING BY DIRECTOR OF

18 FEDERAL BUREAU OF INVESTIGATION.—The Director of 

19 the Federal Bureau of Investigation shall annually submit 

20 to the Permanent Select Committee on Intelligence and 

21 the Committee on Judiciary of the House of Representa22 tives and the Select Committee on Intelligence and the 

23 Committee on the Judiciary of the Senate, a report de24 scribing the accountability actions taken by the Federal 

25 Bureau of Investigation in the preceding 12-month period 

26 for noncompliant querying of information acquired under 


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•HR 6611 IH

1 section 702, to include the number of ongoing personnel 

2 investigations, the outcome of any completed personnel in3 vestigations and any related adverse personnel actions 

4 taken.’’. 

5 TITLE V—REPORTS AND OTHER 

6 MATTERS 

7 SEC. 501. INCLUSION OF COUNTERNARCOTICS IN DEFINI8 TION OF FOREIGN INTELLIGENCE. 

9 Subsection (e)(1) of section 101 is amended— 

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

11 inserting a semicolon; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(D) international production, distribution, 

15 or financing of illicit synthetic drugs, opioids, 

16 cocaine, or other drugs driving overdose deaths, 

17 or any controlled substance designated by the 

18 Controlled Substances Act (21 U.S.C. 801 et 

19 seq.), or precursors of any aforementioned; or’’. 

20 SEC. 502. REVOCATION OF STATUTORY REPORTING EXEMP21 TION AND ADDITIONAL REPORTING RE22 QUIREMENT FOR FEDERAL BUREAU OF IN23 VESTIGATION. 

24 (a) IN GENERAL.—Section 603, as amended by this 

25 Act, is further amended— 


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•HR 6611 IH

1 (1) in subsection (b)(2)(B) by inserting ‘‘(or 

2 combined unminimized contents and noncontents in3 formation)’’ after ‘‘unminimized contents’’; 

4 (2) in subsection (d), by amending paragraph 

5 (2) to read as follows: 

6 ‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL

7 ADDRESS AND TELEPHONE NUMBERS.—Paragraph 

8 (3)(B) of subsection (b) shall not apply to orders re9 sulting in the acquisition of information by the Fed10 eral Bureau of Investigation that does not include 

11 electronic mail addresses or telephone numbers.’’; 

12 and 

13 (3) by inserting the following new subsection: 

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 (b) EFFECTIVE DATE.—The amendments made by 

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

17 SEC. 503. NOTIFICATION TO CONGRESS OF CERTAIN UNAU18 THORIZED DISCLOSURES. 

19 If the Director of National Intelligence becomes 

20 aware of an actual or potential significant unauthorized 

21 disclosure or compromise of information acquired under 

22 section 702 of the Foreign Intelligence Surveillance Act 

23 of 1978 (50 U.S.C. 1881a), as soon as practicable, but 

24 not later than 7 days after the date on which the Director 

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1 sional intelligence committees of such actual or potential 

2 disclosure or compromise. 

3 SEC. 504. DEFINITION OF ELECTRONIC COMMUNICATION 

4 SERVICE PROVIDER. 

5 (a) Subsection (b)(4) of section 701 is amended— 

6 (1) in subparagraph (D)— 

7 (A) by striking ‘‘other communication’’; 

8 and 

9 (B) by inserting ‘‘, or equipment that is 

10 being or may be used to transmit or store such 

11 communications’’ after ‘‘stored’’; and 

12 (2) in subparagraph (E), by inserting ‘‘custo13 dian,’’ after ‘‘employee,’’. 

14 (b) Subsection (6) of section 801 is amended— 

15 (1) in subparagraph (D)— 

16 (A) by striking ‘‘other communication’’; 

17 and 

18 (B) by inserting ‘‘, or equipment that is 

19 being or may be used to transmit or store such 

20 communications’’ after ‘‘stored’’; and 

21 (2) in subparagraph (F), by inserting ‘‘custo22 dian,’’ after ‘‘employee,’’. 


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1 SEC. 505. VETTING OF NON-UNITED STATES PERSONS. 

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

3 is further amended by inserting after paragraph (4) the 

4 following new paragraph: 

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

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

9 Intelligence, shall ensure that the procedures enable 

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

11 being processed for travel to the United States using 

12 terms that do not qualify as United States person 

13 query terms under this Act.’’. 

14 SEC. 506. ACCOUNTABILITY MEASURES FOR EXECUTIVE 

15 LEADERSHIP OF FEDERAL BUREAU OF IN16 VESTIGATION. 

17 (a) MEASURES REQUIRED.—The Director of the 

18 Federal Bureau of Investigation shall ensure that, as soon 

19 as practicable following the date of enactment of this Act, 

20 there are in effect measures for holding the executive lead21 ership of each covered component appropriately account22 able for ensuring compliance with covered procedures by 

23 the personnel of the Federal Bureau of Investigation as24 signed to that covered component. Such measures shall in25 clude a requirement for an annual evaluation of the execu26 tive leadership of each such covered component with reVerDate Sep 11 2014 00:59 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6611.IH H6611

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1 spect to ensuring such compliance during the preceding 

2 year. 

3 (b) BRIEFINGS REQUIRED.— 

4 (1) BRIEFINGS.—On a semiannual basis for the 

5 2-year period following the date of the enactment of 

6 this Act, and on an annual basis thereafter, the Fed7 eral Bureau of Investigation shall provide to the ap8 propriate congressional committees a briefing on the 

9 implementation of subsection (a). 

10 (2) MATTERS.—Each briefing under paragraph 

11 (1) shall include, with respect to the period covered 

12 by the briefing, the following: 

13 (A) A description of specific measures 

14 under subsection (a) that the Federal Bureau 

15 of Investigation has implemented. 

16 (B) A description of specific measures 

17 under such subsection that the Federal Bureau 

18 of Investigation has proposed to be imple19 mented or modified, and the timeline for such 

20 proposed implementation or modification. 

21 (C) A summary of compliance with covered 

22 procedures by the personnel of the Federal Bu23 reau of Investigation, disaggregated by covered 

24 component, and a description of any adverse 

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1 tions taken to ensure the appropriate account2 ability of, the executive leadership of covered 

3 components that underperformed with respect 

4 to ensuring such compliance. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the congressional intelligence commit10 tees, as such term is defined in subsection (b) 

11 of section 701 of the Foreign Intelligence Sur12 veillance Act of 1978 (50 U.S.C. 1881); and 

13 (B) the Committees on the Judiciary of 

14 the House of Representatives and the Senate. 

15 (2) COVERED COMPONENT.—The term ‘‘covered 

16 component’’ means a field office, Headquarters divi17 sion, or other element of the Federal Bureau of In18 vestigation with personnel who have access to the 

19 unminimized contents of communications obtained 

20 through acquisitions authorized under section 

21 702(a). 

22 (3) COVERED PROCEDURE.—The term ‘‘covered 

23 procedure’’— 

24 (A) means any procedure governing the 

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1 ligence Surveillance Act of 1978 (50 U.S.C. 

2 1801 et seq.); and 

3 (B) includes querying procedures and mini4 mization procedures adopted pursuant to such 

5 Act. 

6 (4) EXECUTIVE LEADERSHIP.—The term ‘‘exec7 utive leadership’’ includes— 

8 (A) with respect to a field office of the 

9 Federal Bureau of Investigation, an Assistant 

10 Director in Charge or Special Agent in Charge 

11 of the field office; and 

12 (B) with respect to a division of the Fed13 eral Bureau of Investigation Headquarters, an 

14 Assistant Director of the division. 

15 SEC. 507. REPORT ON TECHNOLOGY NEEDED FOR NEAR16 REAL TIME MONITORING OF FEDERAL BU17 REAU OF INVESTIGATION COMPLIANCE. 

18 (a) STUDY REQUIRED.—The Director of National In19 telligence, in coordination with the National Security 

20 Agency and in consultation with the Federal Bureau of 

21 Investigation, shall conduct a study on technological en22 hancements that would enable the Federal Bureau of In23 vestigation to conduct near-real time monitoring of com24 pliance in any system of the Federal Bureau of Investiga25 tion that stores information acquired under section 702. 


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1 Such study shall consider the potential cost and assess the 

2 feasibility of implementation within a period of one year 

3 of each technological enhancement under consideration. 

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

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

6 Intelligence shall submit the results of the study to the 

7 appropriate congressional committees. 

8 (c) DEFINITIONS.—In this section the term ‘‘appro9 priate congressional committees’’ means— 

10 (1) the congressional intelligence committees, as 

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

12 of the Foreign Intelligence Surveillance Act of 1978 

13 (50 U.S.C. 1881); and 

14 (2) the Committees on the Judiciary of the 

15 House of Representatives and the Senate. 

16 SEC. 508. INSPECTOR GENERAL REPORT ON FEDERAL BU17 REAU OF INVESTIGATION QUERYING PRAC18 TICES. 

19 (a) REPORT.—Not later than 545 days after the date 

20 of enactment of this Act, the Inspector General of the De21 partment of Justice shall submit to the appropriate con22 gressional committees a report on the querying practices 

23 of the Federal Bureau of Investigation under section 702. 

24 (b) MATTERS INCLUDED.—The report under sub25 section (a) shall include, at a minimum, the following: 


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1 (1) An evaluation of compliance by personnel of 

2 the Federal Bureau of Investigation with the 

3 querying procedures adopted under section 702(f), 

4 with a particular focus on compliance by such per5 sonnel with the procedures governing queries using 

6 United States person query terms. 

7 (2) A discussion of each specific reform that, in 

8 the view of the Inspector General, is responsible for 

9 any identified improvement in the Federal Bureau of 

10 Investigation’s record of compliance with the 

11 querying procedures, including an identification of 

12 whether such reform was— 

13 (A) required by this Act or another Act of 

14 Congress; 

15 (B) required by the Foreign Intelligence 

16 Surveillance Court or the Attorney General; or 

17 (C) voluntarily adopted by the Director of 

18 the Federal Bureau of Investigation. 

19 (3) An assessment of the status of the imple20 mentation by the Federal Bureau of Investigation of 

21 all reforms related to querying that are required by 

22 this Act. 

23 (4) An evaluation of the effectiveness of the Of24 fice of Internal Auditing of the Federal Bureau of 

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1 ing query compliance by personnel of the Federal 

2 Bureau of Investigation. 

3 (5) Recommendations to further improve com4 pliance with querying procedures by personnel of the 

5 Federal Bureau of Investigation, particularly with 

6 respect to compliance with the procedures governing 

7 queries using United States person query terms. 

8 (6) Any other relevant matter the Inspector 

9 General determines appropriate. 

10 (c) FORM.—The report under subsection (a) shall be 

11 submitted in unclassified form and may include a classi12 fied annex. 

13 (d) DEFINITIONS.—In this section: 

14 (1) IN GENERAL.—Except as provided in this 

15 section, terms used in this section have the mean16 ings given such terms in the Foreign Intelligence 

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

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the congressional intelligence commit22 tees, as such term is defined in subsection (b) 

23 of section 701 of the Foreign Intelligence Sur24 veillance Act of 1978 (50 U.S.C. 1881); and 


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1 (B) the Committees on the Judiciary of 

2 the House of Representatives and the Senate. 

3 SEC. 509. SENSE OF CONGRESS ON THE TARGETED COL4 LECTION OF UNITED STATES PERSON INFOR5 MATION. 

6 It is the sense of Congress that section 702 of the 

7 Foreign Intelligence Surveillance Act has always prohib8 ited, and continues to prohibit, the intelligence community 

9 from targeting a United States person for collection of for10 eign intelligence information. If the intelligence commu11 nity intends to target a United States person for collection 

12 of foreign intelligence information under the Foreign In13 telligence Surveillance Act, the government must first ob14 tain an individualized court order based upon a finding 

15 of probable cause that the United States person is a for16 eign power, an agent of a foreign power, or an officer or 

17 employee of a foreign power, in order to conduct surveil18 lance targeting that United States person. 

19 SEC. 510. FISA REFORM COMMISSION. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—There is established a com22 mission to consider ongoing reforms to the Foreign 

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

24 1801 et seq.). 


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1 (2) DESIGNATION.—The commission estab2 lished under paragraph (1) shall be known as the 

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

4 ‘‘Commission’’). 

5 (b) MEMBERSHIP.— 

6 (1) COMPOSITION.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the Commission shall be composed 

9 of the following members: 

10 (i) The Principal Deputy Director of 

11 National Intelligence. 

12 (ii) The Deputy Attorney General. 

13 (iii) The Deputy Secretary of Defense. 

14 (iv) The Deputy Secretary of State. 

15 (v) The Chair of the Privacy and Civil 

16 Liberties Oversight Board. 

17 (vi) Three members appointed by the 

18 majority leader of the Senate, in consulta19 tion with the Chairman of the Select Com20 mittee on Intelligence of the Senate and 

21 the Chairman of the Committee on the Ju22 diciary of the Senate, 1 of whom shall be 

23 a member of the Senate and 2 of whom 

24 shall not be. 


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1 (vii) Three members appointed by the 

2 minority leader of the Senate, in consulta3 tion with the Vice Chairman of the Select 

4 Committee on Intelligence of the Senate 

5 and the Ranking Member of the Com6 mittee on the Judiciary of the Senate, 1 of 

7 whom shall be a member of the Senate and 

8 2 of whom shall not be. 

9 (viii) Three members appointed by the 

10 Speaker of the House of Representatives, 

11 in consultation with the Chairman of the 

12 Permanent Select Committee on Intel13 ligence of the House of Representatives 

14 and the Chairman of the Committee on the 

15 Judiciary of the House of Representatives, 

16 1 of whom shall be a member of the House 

17 of Representatives and 2 of whom shall not 

18 be. 

19 (ix) Three members appointed by the 

20 minority leader of the House of Represent21 atives, in consultation with the Ranking 

22 Member of the Permanent Select Com23 mittee on Intelligence of the House of Rep24 resentatives and the Ranking Member of 

25 the Committee on the Judiciary of the 


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1 House of Representatives, 1 of whom shall 

2 be a member of the House of Representa3 tives and 2 of whom shall not be. 

4 (B) NONMEMBERS OF CONGRESS.— 

5 (i) QUALIFICATIONS.—The members 

6 of the Commission who are not Members 

7 of Congress and who are appointed under 

8 clauses (vi) through (ix) of subparagraph 

9 (A) shall be individuals who are nationally 

10 recognized for expertise, knowledge, or ex11 perience in— 

12 (I) use of intelligence information 

13 by the intelligence community (as de14 fined in section 3 of the National Se15 curity Act of 1947 (50 U.S.C. 3003)), 

16 national policymakers and military 

17 leaders; 

18 (II) the implementation, funding, 

19 or oversight of the national security 

20 laws of the United States; 

21 (III) privacy, civil liberties, and 

22 transparency; or 

23 (IV) laws and policies governing 

24 methods of electronic surveillance. 


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1 (ii) CONFLICTS OF INTEREST.—An of2 ficial who appoints members of the Com3 mission may not appoint an individual as 

4 a member of the Commission if such indi5 vidual possesses any personal or financial 

6 interest in the discharge of any of the du7 ties of the Commission. 

8 (iii) SECURITY CLEARANCES.—All 

9 members of the Commission described in 

10 clause (i) shall possess an appropriate se11 curity clearance in accordance with appli12 cable provisions of law concerning the han13 dling of classified information. 

14 (2) CO-CHAIRS.— 

15 (A) IN GENERAL.—The Commission shall 

16 have 2 co-chairs, selected from among the mem17 bers of the Commission. 

18 (B) AGREEMENT.—The individuals who 

19 serve as the co-chairs of the Commission shall 

20 be agreed upon by the members of the Commis21 sion. 

22 (c) APPOINTMENT; INITIAL MEETING.— 

23 (1) APPOINTMENT.—Members of the Commis24 sion shall be appointed not later than 90 days after 

25 the date of the enactment of this Act. 


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1 (2) INITIAL MEETING.—The Commission shall 

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

3 180 days after the date of the enactment of this Act. 

4 (d) MEETINGS; QUORUM; VACANCIES.— 

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

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

7 of the Commission. 

8 (2) QUORUM.—Nine members of the Commis9 sion shall constitute a quorum for purposes of con10 ducting business, except that 2 members of the 

11 Commission shall constitute a quorum for purposes 

12 of receiving testimony. 

13 (3) VACANCIES.—Any vacancy in the Commis14 sion shall not affect its powers, but shall be filled in 

15 the same manner in which the original appointment 

16 was made. 

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

18 the Commission occur on any day after 90 days 

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

20 quorum shall consist of a majority of the members 

21 of the Commission as of such day. 

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

23 follows: 


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1 (1) To review the effectiveness of the current 

2 implementation of the Foreign Intelligence Surveil3 lance Act of 1978 (50 U.S.C. 1801 et seq.). 

4 (2) To develop recommendations for legislative 

5 action to reform the Foreign Intelligence Surveil6 lance Act of 1978 (50 U.S.C. 1801 et seq.) that pro7 vide for the effective conduct of United States intel8 ligence activities and the protection of privacy and 

9 civil liberties. 

10 (f) POWERS OF COMMISSION.— 

11 (1) IN GENERAL.— 

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

13 the authorization of the Commission, any sub14 committee or member thereof, may, for the pur15 pose of carrying out this section— 

16 (i) hold such hearings and sit and act 

17 at such times and places, take such testi18 mony, receive such evidence, and admin19 ister such oaths; and 

20 (ii) require, by subpoena or otherwise, 

21 the attendance and testimony of such wit22 nesses and the production of such books, 

23 records, correspondence, memoranda, pa24 pers, and documents, as the Commission 


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1 or such designated subcommittee or des2 ignated member considers necessary. 

3 (B) ISSUANCE AND ENFORCEMENT OF

4 SUBPOENAS.— 

5 (i) ISSUANCE.—A subpoena issued 

6 under subparagraph (A)(ii) shall— 

7 (I) bear the signature of the co8 chairs of the Commission; and 

9 (II) be served by a person or 

10 class of persons designated by the co11 chairs for that purpose. 

12 (ii) ENFORCEMENT.—The provisions 

13 of sections 102 through 104 of the Revised 

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

15 192–194) shall apply in the case of any 

16 failure of a witness to comply with any 

17 subpoena or to testify when summoned 

18 under authority of this paragraph. 

19 (2) INFORMATION FROM FEDERAL AGENCIES.— 

20 (A) IN GENERAL.—The Commission may 

21 secure directly from any executive department, 

22 agency, bureau, board, commission, office, inde23 pendent establishment, or instrumentality of the 

24 Federal Government information, suggestions, 


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1 estimates, and statistics for the purposes of this 

2 section. 

3 (B) FURNISHING INFORMATION.—Each 

4 such department, agency, bureau, board, com5 mission, office, establishment, or instrumen6 tality described in subparagraph (A) shall, to 

7 the extent authorized by law, furnish such in8 formation, suggestions, estimates, and statistics 

9 directly to the Commission, upon request of the 

10 co-chairs of the Commission. 

11 (C) PROTECTION OF CLASSIFIED INFORMA12 TION.—The Commission shall handle and pro13 tect all classified information provided to it 

14 under this section in accordance with applicable 

15 provisions of law. 

16 (3) ASSISTANCE FROM FEDERAL AGENCIES.— 

17 (A) DIRECTOR OF NATIONAL INTEL18 LIGENCE.—The Director of National Intel19 ligence shall provide to the Commission, on a 

20 nonreimbursable basis, such administrative 

21 services, funds, staff, facilities, and other sup22 port services as are necessary for the perform23 ance of the duties of the Commission under this 

24 section. 


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1 (B) ATTORNEY GENERAL.—The Attorney 

2 General may provide the Commission, on a non3 reimbursable basis, with such administrative 

4 services, staff, and other support services as the 

5 Commission may request. 

6 (C) OTHER DEPARTMENTS AND AGEN7 CIES.—In addition to the assistance set forth in 

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

9 and agencies of the United States may provide 

10 the Commission such services, funds, facilities, 

11 staff, and other support as such departments 

12 and agencies consider advisable and as may be 

13 authorized by law. 

14 (D) COOPERATION.—The Commission 

15 shall receive the full and timely cooperation of 

16 any official, department, or agency of the Fed17 eral Government whose assistance is necessary, 

18 as jointly determined by the co-chairs selected 

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

20 the duties of the Commission, including the 

21 provision of full and current briefings and anal22 yses. 

23 (4) POSTAL SERVICES.—The Commission may 

24 use the United States postal services in the same 


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1 manner and under the same conditions as the de2 partments and agencies of the Federal Governments. 

3 (5) GIFTS.—No member or staff of the Com4 mission may receive a gift or benefit by reason of 

5 the service of such member or staff to the Commis6 sion. 

7 (g) STAFF OF COMMISSION.— 

8 (1) APPOINTMENT AND COMPENSATION OF

9 STAFF.—The co-chairs of the Commission, in ac10 cordance with rules agreed upon by the Commission, 

11 shall appoint and fix the compensation of a staff di12 rector and such other personnel as may be necessary 

13 to enable the Commission to carry out its duties, 

14 without regard to the provisions of title 5, United 

15 States Code, governing appointments in the competi16 tive service, and without regard to the provisions of 

17 chapter 51 and subchapter III of chapter 53 of such 

18 title relating to classification and General Schedule 

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

20 subsection may exceed the equivalent of that payable 

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

22 Executive Schedule under section 5316 of such title. 

23 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

24 Any Federal Government employee may be detailed 

25 to the Commission without reimbursement from the 


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1 Commission, and such detailee shall retain the 

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

3 employment without interruption. 

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

5 Commission and all experts and consultants em6 ployed by the Commission shall possess a security 

7 clearance in accordance with applicable provisions of 

8 law concerning the handling of classified informa9 tion. 

10 (h) COMPENSATION AND TRAVEL EXPENSES.— 

11 (1) COMPENSATION OF MEMBERS.— 

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

13 paragraph (2), each member of the Commission 

14 may be compensated at not to exceed the daily 

15 equivalent of the annual rate of basic pay in ef16 fect for a position at level IV of the Executive 

17 Schedule under section 5315 of title 5, United 

18 States Code, for each day during which that 

19 member is engaged in the actual performance of 

20 the duties of the Commission under this title. 

21 (B) EXCEPTION.—Members of the Com22 mission who are officers or employees of the 

23 United States or Members of Congress shall re24 ceive no additional pay by reason of their serv25 ice on the Commission. 


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1 (2) TRAVEL EXPENSES.—While away from 

2 their homes or regular places of business in the per3 formance of services for the Commission, a member 

4 of the Commission may be allowed travel expenses, 

5 including per diem in lieu of subsistence, in the 

6 same manner as persons employed intermittently in 

7 the Government service are allowed expenses under 

8 section 5703 of title 5, United States Code. 

9 (i) TREATMENT OF INFORMATION RELATING TO NA10 TIONAL SECURITY.— 

11 (1) IN GENERAL.—The Director of National In12 telligence shall assume responsibility for the han13 dling and disposition of any information related to 

14 the national security of the United States that is re15 ceived, considered, or used by the Commission under 

16 this title. 

17 (2) INFORMATION PROVIDED BY CONGRES18 SIONAL INTELLIGENCE COMMITTEES.—Any informa19 tion related to the national security of the United 

20 States that is provided to the Commission by a con21 gressional intelligence committee may not be further 

22 provided or released without the approval of the 

23 chairman of such committee. 

24 (3) ACCESS AFTER TERMINATION OF COMMIS25 SION.—Notwithstanding any other provision of law, 


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1 after the termination of the Commission under sub2 section (j)(2), only the members and designated staff 

3 of the congressional intelligence committees, the Di4 rector of National Intelligence (and the designees of 

5 the Director), and such other officials of the execu6 tive branch of the Federal Government as the Presi7 dent may designate shall have access to information 

8 related to the national security of the United States 

9 that is received, considered, or used by the Commis10 sion. 

11 (j) FINAL REPORT; TERMINATION.— 

12 (1) FINAL REPORT.— 

13 (A) DEFINITIONS.—In this paragraph: 

14 (i) APPROPRIATE COMMITTEES OF

15 CONGRESS.—The term ‘‘appropriate com16 mittees of Congress’’ means— 

17 (I) the congressional intelligence 

18 committees; 

19 (II) the Committee on the Judici20 ary of the Senate; and 

21 (III) the Committee on the Judi22 ciary of the House of Representatives. 

23 (ii) CONGRESSIONAL LEADERSHIP.— 

24 The term ‘‘congressional leadership’’ 

25 means— 


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1 (I) the majority leader of the 

2 Senate; 

3 (II) the minority leader of the 

4 Senate; 

5 (III) the Speaker of the House of 

6 Representatives; and 

7 (IV) the minority leader of the 

8 House of Representatives. 

9 (B) FINAL REPORT REQUIRED.—Not later 

10 than 5 years from the date of enactment of this 

11 Act, the Commission shall submit to the appro12 priate committees of Congress, congressional 

13 leadership, the Director of National Intel14 ligence, and the Attorney General a final report 

15 on the findings of the Commission. 

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

17 report submitted pursuant to subparagraph (B) 

18 shall be in unclassified form but may include a 

19 classified annex. 

20 (D) ASSESSMENTS OF FINAL REPORT.— 

21 Not later than 1 year after receipt of the final 

22 report under subparagraph (B), the Director of 

23 National Intelligence and the Attorney General 

24 shall each submit to the appropriate committees 


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1 of Congress and congressional leadership an as2 sessment of such report. 

3 (2) TERMINATION.— 

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

5 all the authorities of this section, shall termi6 nate on the date that is 2 years after the date 

7 on which the final report is submitted under 

8 paragraph (1)(B). 

9 (B) WIND-DOWN PERIOD.—The Commis10 sion may use the 120-day period referred to in 

11 subparagraph (A) for the purposes of con12 cluding its activities, including providing testi13 mony to Congress concerning the final report 

14 referred to in that paragraph and disseminating 

15 the report. 

16 (k) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE

17 PROVISIONS.— 

18 (1) FEDERAL ADVISORY COMMITTEE ACT.—The 

19 provisions of the Federal Advisory Committee Act (5 

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

21 Commission under this section. 

22 (2) FREEDOM OF INFORMATION ACT.—The pro23 visions of section 552 of title 5, United States Code 

24 (commonly referred to as the ‘‘Freedom of Informa25 tion Act’’), shall not apply to the activities, records, 


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1 and proceedings of the Commission under this sec2 tion. 

3 (l) FUNDING.— 

4 (1) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated funds to the 

6 extent and in such amounts as specifically provided 

7 in advance in appropriations acts for the purposes 

8 detailed in this section. 

9 (2) AVAILABILITY IN GENERAL.—Subject to 

10 paragraph (1), the Director of National Intelligence 

11 shall make available to the Commission such 

12 amounts as the Commission may require for pur13 poses of the activities of the Commission under this 

14 section. 

15 (3) DURATION OF AVAILABILITY.—Amounts 

16 made available to the Commission under paragraph 

17 (2) shall remain available until expended or upon 

18 termination under subsection (i)(2), whichever oc19 curs first. 

20 (m) CONGRESSIONAL INTELLIGENCE COMMITTEES

21 DEFINED.—In this section, the term ‘‘congressional intel22 ligence committees’’ means— 

23 (1) the Select Committee on Intelligence of the 

24 Senate; and 


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1 (2) the Permanent Select Committee on Intel2 ligence of the House of Representatives. 

3 SEC. 511. EXTENSION OF CERTAIN AUTHORITIES; SUNSET. 

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

5 403(b) of the FISA Amendments Act of 2008 (Public Law 

6 110-261; 122 Stat. 2474) is amended— 

7 (1) in paragraph (1)— 

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

9 inserting ‘‘December 31, 2031’’; and 

10 (B) by inserting ‘‘and the FISA Reform 

11 and Reauthorization Act of 2023’’ after ‘‘the 

12 FISA Amendments Reauthorization Act of 

13 2017’’; 

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

15 subparagraph (A), by striking ‘‘December 31, 2023’’ 

16 and inserting ‘‘December 31, 2031’’. 

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

18 the FISA Amendments Act of 2008 (Public Law 110-261; 

19 122 Stat. 2476), is amended— 

20 (1) in paragraph (1)— 

21 (A) in the heading, by striking ‘‘DECEM22 BER 31, 2023’’ and inserting ‘‘DECEMBER 31, 

23 2031’’; and 

24 (B) by inserting ‘‘and the FISA Reform 

25 and Reauthorization Act of 2023’’ after ‘‘the 


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1 FISA Amendments Reauthorization Act of 

2 2017’’; 

3 (2) in paragraph (2), by inserting ‘‘and the 

4 FISA Reform and Reauthorization Act of 2023’’ 

5 after ‘‘the FISA Amendments Reauthorization Act 

6 of 2017’’; and 

7 (3) in paragraph (4), by inserting ‘‘and the 

8 FISA Reform and Reauthorization Act of 2023’’ 

9 after ‘‘the FISA Amendments Reauthorization Act 

10 of 2017’’ in each place it appears. 

11 (c) SUNSET.—Effective December 31, 2031, the For12 eign Intelligence Surveillance Act of 1978 is amended so 

13 that section 702 reads as it read on the day before the 

14 date of enactment of this Act. 

15 SEC. 512. SEVERABILITY; APPLICABILITY DATE. 

16 (a) SEVERABILITY.—If any provision of this Act, any 

17 amendment made by this Act, or the application thereof 

18 to any person or circumstances is held invalid, the validity 

19 of the remainder of the Act, of any such amendments, and 

20 of the application of such provisions to other persons and 

21 circumstances shall not be affected thereby. 

22 (b) APPLICABILITY DATE.—Subsection (f) of section 

23 702 of the Foreign Intelligence Surveillance Act of 1978 

24 (50 U.S.C. 1881a), as amended by this Act, shall apply 

25 with respect to certifications submitted under subsection 


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1 (h) of such section to the Foreign Intelligence Surveillance 

2 Court after January 1, 2024. 

Æ 


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