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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FISA Reform and Reauthorization Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 que-
ries unrelated to national security. 
Sec. 102. Strictly limiting Federal Bureau of Investigation personnel author-
izing United States person queries. 
Sec. 103. Notification for certain queries conducted by Federal Bureau of In-
vestigation. 
Sec. 104. Requirement for congressional consent prior to certain Federal Bu-
reau 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 ap-
prove Federal Bureau of Investigation queries. 
Sec. 107. Requirement for adoption of certain minimum accountability stand-
ards. 
Sec. 108. Restriction on certain information available to Federal Bureau of In-
vestigation. 
Sec. 109. Mandatory audits of United States person queries conducted by Fed-
eral 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 For-
eign Intelligence Surveillance Court. 
Sec. 402. Penalties for unauthorized disclosure of application for electronic sur-
veillance. 
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 Inves-
tigation. 
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. 
SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
(a) REFERENCES TO FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or a repeal 
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.). 
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(b) EFFECT OF CERTAIN AMENDMENTS ON CON-
FORMING CHANGES TO TABLES OF CONTENTS.—When an 
amendment made by this Act adds a section or larger or-
ganizational unit to the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.), repeals or transfers 
a section or larger organizational unit in such Act, or 
amends the designation or heading of a section or larger 
organizational unit in such Act, that amendment also shall 
have the effect of amending the table of contents in such 
Act to alter the table to conform to the changes made by 
the amendment. 
TITLE I—RESTRICTION ON FED-
ERAL BUREAU OF INVESTIGA-
TION QUERIES 
SEC. 101. REVOKING FEDERAL BUREAU OF INVESTIGATION 
AUTHORITY TO CONDUCT QUERIES UNRE-
LATED TO NATIONAL SECURITY. 
Subsection (f)(2) of section 702 is amended to read 
as follows: 
‘‘(2) PROHIBITION ON CONDUCT OF QUERIES 
THAT
ARE
SOLELY
DESIGNED
TO
FIND
AND
EX-
TRACT EVIDENCE OF A CRIME.— 
‘‘(A) LIMITS
ON
AUTHORIZATIONS
OF 
UNITED
STATES
PERSON
QUERIES.—The 
querying procedures adopted pursuant to para-
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graph (1) for the Federal Bureau of Investiga-
tion shall prohibit queries of information ac-
quired under subsection (a) that are solely de-
signed to find and extract evidence of criminal 
activity. 
‘‘(B) EXCEPTIONS.—The restriction under 
subparagraph (A) shall not apply with respect 
to a query if—‘(i) there is a reasonable belief 
that such query may retrieve information that 
could assist in mitigating or eliminating a 
threat to life or serious bodily harm’; or ‘(ii) 
such query is necessary to identify information 
that must be produced or preserved in connec-
tion with a litigation matter or to fulfill dis-
covery obligations in criminal matters under the 
laws of the United States or any State there-
of.’ ’’. 
SEC. 102. STRICTLY LIMITING FEDERAL BUREAU OF INVES-
TIGATION 
PERSONNEL 
AUTHORIZING 
UNITED STATES PERSON QUERIES. 
Subsection (f) of section 702, as amended by this Act, 
is further amended— 
(1) by redesignating paragraph (3) as para-
graph (6); and 
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(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) RESTRICTIONS IMPOSED ON FEDERAL BU-
REAU OF INVESTIGATION.— 
‘‘(A) LIMITS
ON
AUTHORIZATIONS
OF 
UNITED STATES PERSON QUERIES.— 
‘‘(i) IN GENERAL.—Federal Bureau of 
Investigation personnel must obtain prior 
approval from a Federal Bureau of Inves-
tigation supervisor (or employee of equiva-
lent or greater rank) or attorney who is 
authorized to access unminimized contents 
or noncontents obtained through acquisi-
tions authorized under subsection (a) for 
any query of such unminimized contents or 
noncontents made using a United States 
person query term. 
‘‘(ii) EXCEPTION.—A United States 
person query to be conducted by the Fed-
eral 
Bureau 
of 
Investigation 
of 
unminimized contents or noncontents ob-
tained through acquisitions authorized 
under subsection (a) using a United States 
person query term may be conducted with-
out obtaining prior approval as specified in 
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clause (i) only if the person conducting the 
United States person query has a reason-
able belief that conducting the query could 
assist in mitigating or eliminating a threat 
to life or serious bodily harm.’’. 
SEC. 103. NOTIFICATION FOR CERTAIN QUERIES CON-
DUCTED BY FEDERAL BUREAU OF INVES-
TIGATION. 
Subsection (f)(3) of section 702, as amended by this 
Act, is further amended by adding at the end the following 
new subparagraph: 
‘‘(B) NOTIFICATION
REQUIREMENT
FOR 
CERTAIN FBI QUERIES.— 
‘‘(i) REQUIREMENT.—The Director of 
the Federal Bureau of Investigation shall 
promptly notify appropriate congressional 
leadership of any query conducted by the 
Federal Bureau of Investigation using a 
query term that is reasonably believed to 
be the name or other personally identifying 
information of a Member of Congress, and 
shall also notify the member who is the 
subject of such query. 
‘‘(ii) APPROPRIATE
CONGRESSIONAL 
LEADERSHIP DEFINED.—In this subpara-
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graph, the term ‘appropriate congressional 
leadership’ means the following: 
‘‘(I) The chairs and ranking mi-
nority members of the congressional 
intelligence committees. 
‘‘(II) The Speaker and minority 
leader of the House of Representa-
tives. 
‘‘(III) The majority and minority 
leaders of the Senate. 
‘‘(iii) NATIONAL SECURITY CONSIDER-
ATIONS.—In 
submitting 
a 
notification 
under clause (i), the Director shall give 
due regard to the protection of classified 
information, sources and methods, and na-
tional security. 
‘‘(iv) WAIVER.— 
‘‘(I) IN GENERAL.—The Director 
may waive a notification required 
under clause (i) if the Director deter-
mines such notification would impede 
an ongoing national security or law 
enforcement investigation. 
‘‘(II) TERMINATION.—A waiver 
under subclause (I) shall terminate on 
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the date the Director determines the 
relevant notification would not impede 
the relevant national security or law 
enforcement investigation or on the 
date that such investigation ends, 
whichever is earlier’’. 
SEC. 104. REQUIREMENT FOR CONGRESSIONAL CONSENT 
PRIOR TO CERTAIN FEDERAL BUREAU OF IN-
VESTIGATION QUERIES FOR PURPOSE OF DE-
FENSIVE BRIEFINGS. 
Subsection (f)(3) of section 702, as amended by this 
Act, is further amended by inserting after subparagraph 
(B) the following new subparagraph: 
‘‘(C) CONSENT
REQUIRED
FOR
FBI
TO 
CONDUCT CERTAIN QUERIES FOR PURPOSE OF 
DEFENSIVE BRIEFING.— 
‘‘(i) CONSENT REQUIRED.—The Fed-
eral Bureau of Investigation may not, for 
the exclusive purpose of supplementing the 
contents of a briefing on the defense 
against a counterintelligence threat to a 
Member of Congress, conduct a query 
using a query term that is the name or re-
stricted personal information (as such term 
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is defined in section 119 of title 18, United 
States Code) of that member unless— 
‘‘(I) the member provides consent 
to the use of the query term; or 
‘‘(II) the Deputy Director of the 
Federal Bureau of Investigation de-
termines that exigent circumstances 
exist sufficient to justify the conduct 
of such query. 
‘‘(ii) NOTIFICATION.— 
‘‘(I) NOTIFICATION OF CONSENT 
SOUGHT.—Not later than three busi-
ness days after submitting a request 
for consent from a Member of Con-
gress under clause (i), the Director of 
the Federal Bureau of Investigation 
shall notify the appropriate congres-
sional leadership, regardless of wheth-
er the member provided such consent. 
‘‘(II) NOTIFICATION OF EXCEP-
TION
USED.—Not later than three 
business days after the conduct of a 
query under clause (i) without consent 
on the basis of the existence of exi-
gent circumstances determined under 
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subclause (II) of such clause, the Di-
rector of the Federal Bureau of Inves-
tigation shall notify the appropriate 
congressional leadership. 
‘‘(iii) RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph may be con-
strued as— 
‘‘(I) applying to matters outside 
of the scope of the briefing on the de-
fense against a counterintelligence 
threat to be provided or supplemented 
under clause (i); or 
‘‘(II) limiting the lawful inves-
tigative activities of the Federal Bu-
reau of Investigation other than 
supplementing the contents of a brief-
ing on the defense against a counter-
intelligence threat to a Member of 
Congress. 
‘‘(iv) APPROPRIATE
CONGRESSIONAL 
LEADERSHIP DEFINED.—In this subpara-
graph, the term ‘appropriate congressional 
leadership’ means the following: 
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‘‘(I) The chairs and ranking mi-
nority members of the congressional 
intelligence committees. 
‘‘(II) The Speaker and minority 
leader of the House of Representa-
tives. 
‘‘(III) The majority and minority 
leaders of the Senate.’’. 
SEC. 105. RESTRICTIONS RELATING TO CONDUCT OF CER-
TAIN QUERIES BY FEDERAL BUREAU OF IN-
VESTIGATION. 
Subsection (f)(3) of section 702, as amended by this 
Act, is further amended by adding at the end the following 
new subparagraph: 
‘‘(D) QUERYING PROCEDURES APPLICABLE 
TO FEDERAL BUREAU OF INVESTIGATION.—For 
any procedures adopted under paragraph (1) 
applicable to the Federal Bureau of Investiga-
tion, the Attorney General, in consultation with 
the Director of National Intelligence, shall in-
clude the following requirements: 
‘‘(i) TRAINING.—A requirement that, 
prior to conducting any query, personnel of 
the Federal Bureau of Investigation suc-
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cessfully complete training on the querying 
procedures on an annual basis. 
‘‘(ii) ADDITIONAL
PRIOR
APPROVALS 
FOR SENSITIVE QUERIES.—A requirement 
that, absent exigent circumstances, prior to 
conducting certain queries, personnel of 
the Federal Bureau of Investigation receive 
approval, at minimum, as follows: 
‘‘(I) IN GENERAL.— 
‘‘(aa) Approval from the 
Deputy Director of the Federal 
Bureau of Investigation if the 
query uses a query term reason-
ably believed to identify a United 
States elected official, an ap-
pointee of the President or a 
State governor, a United States 
political 
candidate, 
a 
United 
States political organization or a 
United States person prominent 
in such organization, or a United 
States media organization or a 
United States person who is a 
member of such organization. 
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‘‘(bb) Approval from an at-
torney of the Federal Bureau of 
Investigation if the query uses a 
query term reasonably believed to 
identify a United States religious 
organization or a United States 
person who is prominent in such 
organization. 
‘‘(cc) Approval from an at-
torney of the Federal Bureau of 
Investigation if such conduct in-
volves batch job technology (or 
successor tool). 
‘‘(iii) PRIOR
WRITTEN
JUSTIFICA-
TION.—A requirement that, prior to con-
ducting a query using a United States per-
son query term, personnel of the Federal 
Bureau of Investigation provide a written 
statement of the specific factual basis to 
support the reasonable belief that such 
query meets the standards required by the 
procedures adopted under paragraph (1). 
The Federal Bureau of Investigation shall 
keep a record of each such written state-
ment. 
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‘‘(iv) STORAGE
OF
CERTAIN
CON-
TENTS AND NONCONTENTS.—Any system 
of the Federal Bureau of Investigation 
that stores unminimized contents or non-
contents obtained through acquisitions au-
thorized under subsection (a) together with 
contents or noncontents obtained through 
other lawful means shall be configured in 
a manner that— 
‘‘(I) requires personnel of the 
Federal Bureau of Investigation to af-
firmatively elect to include such 
unminimized contents or noncontents 
obtained through acquisitions author-
ized under subsection (a) when run-
ning a query; or 
‘‘(II) includes other controls rea-
sonably expected to prevent inad-
vertent queries of such unminimized 
contents or noncontents. 
‘‘(v) WAIVER
AUTHORITY
FOR
FOR-
EIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—If the Foreign Intelligence Sur-
veillance Court finds that the procedures 
adopted under paragraph (1) include meas-
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ures that are reasonably expected to result 
in similar compliance outcomes as the 
measures specified in clauses (i) through 
(iv) of this subparagraph, the Foreign In-
telligence Surveillance Court may waive 
one or more of the requirements specified 
in such clauses.’’. 
(v) WAIVER
AUTHORITY
FOR
FOREIGN
INTEL-
LIGENCE SURVEILLANCE COURT.—If the Foreign Intel-
ligence Surveillance Court finds that the procedures 
adopted under paragraph (1) include measures that are 
reasonably expected to result in similar compliance out-
comes as the measures specified in clauses (i) through (iv) 
of this subparagraph, the Foreign Intelligence Surveil-
lance Court may waive one or more of the requirements 
specified in such clauses. 
SEC. 106. PROHIBITION ON INVOLVEMENT OF POLITICAL 
APPOINTEES IN PROCESS TO APPROVE FED-
ERAL BUREAU OF INVESTIGATION QUERIES. 
Subsection (f)(3)(D)(ii) of section 702, as amended 
by this Act, is further amended by inserting after sub-
clause (I) the following new subclause: 
‘‘(II) PROHIBITION
ON
POLIT-
ICAL APPOINTEES WITHIN THE PROC-
ESS TO APPROVE FEDERAL BUREAU 
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OF
INVESTIGATION
QUERIES.—The 
procedures shall prohibit any political 
personnel, such as those classified by 
the Office of Personnel Management 
as Presidential Appointment with 
Senate Confirmation, Presidential Ap-
pointment (without Senate Confirma-
tion), Noncareer Senior Executive 
Service Appointment, or Schedule C 
Excepted Appointment, from inclusion 
in the Federal Bureau of Investiga-
tion’s prior approval process under 
subclause (I).’’. 
SEC. 107. REQUIREMENT FOR ADOPTION OF CERTAIN MIN-
IMUM ACCOUNTABILITY STANDARDS. 
(a) MINIMUM ACCOUNTABILITY STANDARDS.—Sub-
section (f) of section 702, as amended by this Act, is fur-
ther amended by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.— 
The Director of the Federal Bureau of Investigation 
shall issue minimum accountability standards that 
set forth escalating consequences for noncompliant 
querying of United States person terms within the 
contents of communications that were acquired 
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under this section. Such standards shall include, at 
minimum, the following: 
‘‘(A) Zero tolerance for willful misconduct. 
‘‘(B) Escalating consequences for uninten-
tional noncompliance, including the threshold 
for mandatory revocation of access to query in-
formation acquired under this section. 
‘‘(C) Consequences for supervisors who 
oversee users that engage in noncompliant que-
ries.’’. 
(b) DEADLINES.—Not later than 90 days after the 
date of the enactment of this Act, the Director of the Fed-
eral Bureau of Investigation shall issue the minimum ac-
countability standards required under subsection (f)(4) of 
section 702 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a). 
(c) REPORTS.— 
(1) SUBMISSION
OF
STANDARDS.—Not later 
than 90 days after the date of the enactment of this 
Act, the Director of the Federal Bureau of Inves-
tigation shall submit to the appropriate congres-
sional committees the minimum accountability 
standards issued under subsection (a). 
(2) ANNUAL REPORT ON IMPLEMENTATION.— 
Not later than December 1, 2024, and annually 
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thereafter for 3 years, the Director of the Federal 
Bureau of Investigation shall submit to the appro-
priate congressional committees a report detailing 
each adverse personnel action taken pursuant to the 
minimum accountability standards and a description 
of the conduct that led to each such action. 
(d) DEFINITION OF APPROPRIATE CONGRESSIONAL 
COMMITTEES.—In this section, the term ‘‘appropriate 
congressional committees’’ means— 
(1) the congressional intelligence committees, as 
such term is defined in subsection (b) of section 701 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881); and 
(2) the Committees on the Judiciary of the 
House of Representatives and of the Senate. 
SEC. 108. RESTRICTION ON CERTAIN INFORMATION AVAIL-
ABLE TO FEDERAL BUREAU OF INVESTIGA-
TION. 
Section 702 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(n) RESTRICTION
ON
CERTAIN
INFORMATION 
AVAILABLE TO FEDERAL BUREAU OF INVESTIGATION.— 
‘‘(1) RESTRICTION.—The Federal Bureau of 
Investigation may not ingest unminimized informa-
tion acquired under this section into its analytic re-
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positories unless the targeted person is relevant to 
an existing, open, predicated full national security 
investigation by the Federal Bureau of Investigation. 
‘‘(2) 
EXCEPTION
FOR
EXIGENT
CIR-
CUMSTANCES.—Paragraph (1) does not apply if the 
Director of the National Security Agency decides it 
is necessary due to exigent circumstances and pro-
vides notification within three business days to the 
congressional intelligence committees, the Speaker 
and minority leader of the House of Representatives, 
and the majority and minority leaders of the Senate. 
‘‘(3) EXCEPTION FOR ASSISTANCE TO OTHER 
AGENCIES.—Subparagraph (A) does not apply where 
the Federal Bureau of Investigation has agreed to 
provide technical, analytical, or linguistic assistance 
at the request of another federal agency.’’. 
SEC. 109. MANDATORY AUDITS OF UNITED STATES PERSON 
QUERIES CONDUCTED BY FEDERAL BUREAU 
OF INVESTIGATION. 
(a) AUDITS REQUIRED.—For each query identified 
by the Federal Bureau of Investigation as a United States 
person query against information acquired pursuant to 
subsection (a) of section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a) conducted by 
the Federal Bureau of Investigation, not later than 180 
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days after the conduct of such query, the Department of 
Justice shall conduct an audit of such query. 
(b) APPLICABILITY.—The requirement under sub-
section (a) shall apply with respect to queries conducted 
on or after the date of the enactment of this Act. 
(c) SUNSET.—This section shall terminate on the 
earlier of the following: 
(1) The date that is 4 years after the date of 
the enactment of this Act. 
(2) The date on which the Attorney General 
submits to the appropriate congressional committees 
a certification that the Federal Bureau of Investiga-
tion has implemented a process for the internal 
audit of all queries referred to in subsection (a). 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional intelligence committees, as 
such term is defined in subsection (b) of section 701 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881); and 
(2) the Committees on the Judiciary of the 
House of Representatives and of the Senate. 
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SEC. 110. PROHIBITED PURPOSES FOR QUERIES USING 
UNITED STATES PERSON QUERY TERMS. 
No query of information acquired under section 702 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a) using a United States person query term 
may be conducted for the purpose of— 
(1) suppressing or burdening criticism, dissent, 
or the free expression of ideas or political opinions 
of such United States person; or 
(2) disadvantaging or harming such United 
States person based on their ethnicity, race, gender, 
sexual orientation, or religion. 
TITLE II—FISA APPLICATIONS 
AND ORDERS 
SEC. 201. REQUIREMENT FOR SWORN STATEMENTS FOR 
FACTUAL ASSERTIONS. 
(a) TITLE I.—Subsection (a)(3) of section 104 is 
amended by striking ‘‘a statement of’’ and inserting ‘‘a 
sworn statement of’’. 
(b) TITLE III.—Subsection (a)(3) of section 303 is 
amended by striking ‘‘a statement of’’ and inserting ‘‘a 
sworn statement of’’. 
(c) SECTION 703.—Subsection (b)(1)(C) of section 
703 is amended by striking ‘‘a statement of’’ and inserting 
‘‘a sworn statement of’’. 
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(d) SECTION 704.—Subsection (b)(3) of section 704 
is amended by striking ‘‘a statement of’’ and inserting ‘‘a 
sworn statement of’’. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply with respect to applications made on 
or after the date that is 120 days after the date of enact-
ment of this Act. 
SEC. 202. PROHIBITION ON USE OF POLITICALLY DERIVED 
INFORMATION IN APPLICATIONS FOR CER-
TAIN 
ORDERS 
BY 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE COURT. 
(a) TITLE I.—Subsection (a)(6) of section 104 is 
amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (E)(ii), by striking the 
semicolon and inserting ‘‘; and’’; and 
(3) by adding after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F) that none of the information included 
in the statement described in paragraph (3) 
was solely produced by, derived from informa-
tion produced by, or obtained using the funds 
of, a political organization (as such term is de-
fined in section 527 of the Internal Revenue 
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Code of 1986) on the opponent of a candidate 
in an election for Federal, State, or local office, 
unless— 
‘‘(i) the political organization is clear-
ly identified in the body of the statement 
described in paragraph (3); 
‘‘(ii) the information has been cor-
roborated; and 
‘‘(iii) the investigative techniques used 
to corroborate the information are clearly 
identified in the body of the statement de-
scribed in paragraph (3); and’’. 
(b) TITLE III.—Subsection (a)(6) of section 303 is 
amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (E), by striking the semi-
colon and inserting ‘‘; and’’; and 
(3) by inserting after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F) that none of the information included 
in the statement described in paragraph (3) 
was solely produced by, derived from informa-
tion produced by, or obtained using the funds 
of, a political organization (as such term is de-
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fined in section 527 of the Internal Revenue 
Code of 1986) on the opponent of a candidate 
in an election for Federal, State, or local office, 
unless— 
‘‘(i) the political organization is clear-
ly identified in the body of the statement 
described in paragraph (3); 
‘‘(ii) the information has been cor-
roborated; and 
‘‘(iii) the investigative techniques used 
to corroborate the information are clearly 
identified in the body of the statement de-
scribed in paragraph (3); and’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to applications made on 
or after the date that is 120 days after the date of enact-
ment of this Act. 
SEC. 203. PROHIBITION ON USE OF PRESS REPORTS IN AP-
PLICATIONS FOR CERTAIN ORDERS BY THE 
FOREIGN 
INTELLIGENCE 
SURVEILLANCE 
COURT. 
(a) TITLE I.—Subsection (a)(6) of section 104, as 
amended by this Act, is further amended by adding at the 
end the following new subparagraph: 
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(1) in paragraph (8), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(10) with respect to a target who is a United 
States person, a statement summarizing the inves-
tigative techniques carried out before making the ap-
plication;’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply with respect to applications made on 
or after the date that is 120 days after the date of enact-
ment of this Act. 
SEC. 205. REQUIREMENT FOR CERTAIN JUSTIFICATION 
PRIOR TO EXTENSION OF ORDERS. 
(a) APPLICATIONS
FOR EXTENSION
OF ORDERS 
UNDER TITLE I.—Subsection (a) of section 104, as 
amended by this Act, is further amended by adding at the 
end the following new paragraph: 
‘‘(11) in the case of an application for an exten-
sion of an order under this title for a surveillance 
targeted against a United States person, a summary 
statement of the foreign intelligence information ob-
tained pursuant to the original order (and any pre-
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ment in the application conducted by the de-
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under section 304(a).’’. 
(c) TITLE IV.—Subsection (c) of section 402 is 
amended— 
(1) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) a certification by the applicant seeking to 
use the pen register or trap and trace device covered 
by the application that, to the best knowledge of the 
applicant, the Attorney General or a designated at-
torney for the Government has been apprised of all 
information that might reasonably— 
‘‘(A) call into question the accuracy of the 
application or the reasonableness of any assess-
ment in the application conducted by the de-
partment or agency on whose behalf the appli-
cation is made; or 
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‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (d).’’. 
(d) TITLE V.—Subsection (b)(2) of section 502 is 
amended— 
(1) in subparagraph (C)(i), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) a statement by the applicant that, to 
the best knowledge of the applicant, the appli-
cation fairly reflects all information that might 
reasonably— 
‘‘(i) call into question the accuracy of 
the application or the reasonableness of 
any assessment in the application con-
ducted by the department or agency on 
whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with re-
spect to the findings required under sub-
section (c).’’. 
(e) TITLE VII.— 
(1) SECTION 703.—Subsection (b)(1) of section 
703 is amended— 
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(A) in subparagraph (I), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (J), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(K) a certification by the applicant that, 
to the best knowledge of the applicant, the At-
torney General or a designated attorney for the 
Government has been apprised of all informa-
tion that might reasonably— 
‘‘(i) call into question the accuracy of 
the application or the reasonableness of 
any assessment in the application con-
ducted by the department or agency on 
whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with re-
spect to the findings required under sub-
section (c).’’. 
(2) SECTION
704.—Subsection (b) of section 
704 is amended— 
(A) in paragraph (6), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(8) a certification by the applicant that, to the 
best knowledge of the applicant, the Attorney Gen-
eral or a designated attorney for the Government 
has been apprised of all information that might rea-
sonably— 
‘‘(A) call into question the accuracy of the 
application or the reasonableness of any assess-
ment in the application conducted by the de-
partment or agency on whose behalf the appli-
cation is made; or 
‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (c).’’. 
(f) APPLICABILITY.—The amendments made by this 
section shall apply with respect to applications made on 
or after the date that is 120 days after the date of enact-
ment of this Act. 
(g) ACCURACY PROCEDURES.—Not later than 180 
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Director of the Fed-
eral Bureau of Investigation, shall issue procedures gov-
erning the review of case files, as appropriate, to ensure 
that applications to the Foreign Intelligence Surveillance 
Court under title I or III of the Foreign Intelligence Sur-
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veillance Act of 1978 (50 U.S.C. 1801 et seq.) that target 
United States persons are accurate and complete. 
SEC. 207. REQUIREMENT FOR JUSTIFICATION OF UNDER-
LYING CRIMINAL OFFENSE IN CERTAIN AP-
PLICATIONS. 
(a) TITLE I.—Subsection (a)(3)(A) of section 104 is 
amended by inserting before the semicolon at the end the 
following: ‘‘, and, in the case of a target that is a United 
States person alleged to be acting as an agent of a foreign 
power (as described in section 101(b)(2)(B)), that a viola-
tion of the criminal statutes of the United States as re-
ferred to in section 101(b)(2)(B) has occurred or will 
occur’’. 
(b) TITLE III.—Subsection (a)(3)(A) of section 303 
is amended by inserting before the semicolon at the end 
the following: ‘‘, and, in the case of a target that is a 
United States person alleged to be acting as an agent of 
a foreign power (as described in section 101(b)(2)(B)), 
that a violation of the criminal statutes of the United 
States as referred to in section 101(b)(2)(B) has occurred 
or will occur’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to applications made on 
or after the date that is 120 days after the date of enact-
ment of this Act. 
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SEC. 208. MODIFICATION TO DURATION OF APPROVED PE-
RIOD UNDER CERTAIN ORDERS FOR NON- 
UNITED STATES PERSONS. 
(a) TITLE I.—Subsection (d) of section 105 is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘against a foreign power, as defined in section 
101(a), (1), (2), or (3),’’ and inserting ‘‘against 
a foreign power’’; and 
(B) in subparagraph (B), by striking ‘‘120 
days’’ and inserting ‘‘one year’’; and 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(b) TITLE III.—Subsection (d) of section 304 is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘against a foreign power, as defined in para-
graph (1), (2), or (3) of section 101(a),’’ and 
inserting ‘‘against a foreign power’’; and 
(B) in subparagraph (B), by striking ‘‘120 
days’’ and inserting ‘‘one year’’; and 
(2) by striking paragraph (2); and 
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(3) by redesignating paragraph (3) as para-
graph (2). 
TITLE 
III—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT AND FOREIGN INTEL-
LIGENCE 
SURVEILLANCE 
COURT OF REVIEW 
SEC. 301. DESIGNATION OF COUNSEL TO SCRUTINIZE AP-
PLICATIONS FOR UNITED STATES PERSONS. 
Section 103 is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN AP-
PLICATIONS.—To assist the court in the consideration of 
any application for an order pursuant to section 104 that 
targets a United States person, the presiding judge des-
ignated under subsection (b) shall appoint one or more 
attorneys to review such applications, and provide a writ-
ten analysis to the judge considering the application, of— 
‘‘(1) the sufficiency of the evidence used to 
make the probable cause determination under sec-
tion 105(a)(2); 
‘‘(2) any material weaknesses, flaws, or other 
concerns in the application; and 
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‘‘(3) a recommendation as to the following, 
which the judge shall consider during a proceeding 
on the application, as appropriate— 
‘‘(A) that the application should be ap-
proved, denied, or modified; 
‘‘(B) that the Government should supply 
additional information in connection with such 
application; or 
‘‘(C) that any requirements or conditions 
should be imposed on the Government for the 
approval of such application.’’. 
SEC. 302. REQUIREMENT FOR TRANSCRIPTS OF PRO-
CEEDINGS. 
Subsection (c) of section 103 is amended— 
(1) by inserting ‘‘, and hearings shall be tran-
scribed’’ before the first period; 
(2) by inserting ‘‘, transcriptions of hearings,’’ 
after ‘‘applications made’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘Transcriptions and any related records, in-
cluding testimony and affidavits, shall be stored in 
a file associated with the relevant application or 
order.’’. 
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SEC. 303. REQUIREMENT FOR NOTIFICATION TO CONGRESS 
OF CERTAIN TRANSCRIPTS. 
Subsection (c) of section 601 is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) for any hearing, oral argument, or other 
proceeding before the Foreign Intelligence Surveil-
lance Court or Foreign Intelligence Surveillance 
Court of Review for which a court reporter produces 
a transcript, not later than 45 days after the govern-
ment receives the final transcript or the date on 
which the matter of the hearing, oral argument, or 
other proceeding is resolved, whichever is later, a no-
tice of the existence of such transcript. Not later 
than three business days after a committee referred 
to in subsection (a) requests to review an existing 
transcript, the Attorney General shall facilitate such 
request.’’. 
SEC. 304. JUDICIAL CONSISTENCY FOR EXTENSIONS. 
Subsection (d) of section 105 is amended by adding 
at the end the following new paragraph: 
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‘‘(5) An extension of an order issued under this 
title for surveillance targeted against a United 
States person, to the extent practicable and absent 
exigent circumstances, shall be granted or denied by 
the same judge who issued the original order.’’. 
SEC. 305. MANDATORY APPOINTMENT OF AMICUS CURIAE 
IN JUDICIAL REVIEW OF ANNUAL SECTION 
702 CERTIFICATIONS AND PROCEDURES. 
Subsection (i) of section 103 is amended— 
(1) in paragraph (2)— 
(A) by redesignating subparagraphs (A) 
and (B) as clause (i) and (ii), respectively; 
(B) by striking ‘‘A court established’’ and 
inserting the following subparagraph: 
‘‘(A) IN GENERAL.—A court established’’; 
(C) in subparagraph (A), as inserted by 
subparagraph (B) of this section— 
(i) in clause (i), as so redesignated— 
(I) by striking ‘‘appoint an indi-
vidual who has’’ and inserting ‘‘ap-
point one or more individuals who 
have’’; and 
(II) by striking ‘‘; and’’ and in-
serting a semicolon; 
(ii) in clause (ii), as so redesignated— 
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(I) by striking ‘‘appoint an indi-
vidual or organization’’ and inserting 
‘‘appoint one or more individuals or 
organizations’’; and 
(II) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) shall appoint one or more indi-
viduals who have been designated under 
paragraph (1) to serve as amicus curiae to 
assist such court in the consideration of 
any certification or procedures submitted 
for review pursuant to section 702, includ-
ing any amendments to such certifications 
or procedures, if the court established 
under subsection (a) has not appointed an 
individual under clause (i) or (ii), unless 
the court issues a finding that such ap-
pointment is not appropriate or is likely to 
result in undue delay.’’; and 
(D) by adding at the end the following new 
subparagraphs: 
‘‘(B) EXPERTISE.—In appointing one or 
more individuals under subparagraph (A)(iii), 
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the court shall, to the maximum extent prac-
ticable, appoint an individual who possesses ex-
pertise in both privacy and civil liberties and in-
telligence collection. 
‘‘(C) TIMING.—In the event that the court 
appoints one or more individuals or organiza-
tions pursuant to this paragraph to assist such 
court in a proceeding under section 702, not-
withstanding subsection (j)(1)(B) of such sec-
tion, the court shall issue an order pursuant to 
subsection (j)(3) of such section as expedi-
tiously as possible consistent with subsection 
(k)(1) of such section, but in no event later 
than 60 days after the date on which such cer-
tification, procedures, or amendments are sub-
mitted for the court’s review, or later than 60 
days after the court has issued an order ap-
pointing one or more individuals pursuant to 
this paragraph, whichever is earlier, unless a 
judge of that court issues an order finding that 
extraordinary circumstances necessitate addi-
tional time for review and that such extension 
of time is consistent with the national secu-
rity.’’; and 
(2) in paragraph (4)— 
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(A) by striking ‘‘paragraph (2)(A)’’ and in-
serting ‘‘paragraph (2)’’; 
(B) by striking ‘‘provide to the court, as 
appropriate’’; 
(C) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively; 
(D) by inserting before clause (i) the fol-
lowing new subparagraphs: 
‘‘(A) be limited to addressing the specific 
issues identified by the court; and 
‘‘(B) provide to the court, as appropriate— 
’’; and 
(E) in subparagraph (B)(i), as redesig-
nated, by inserting ‘‘of United States persons’’ 
after ‘‘civil liberties’’. 
TITLE IV—FISA PENALTIES 
SEC. 401. REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE FOREIGN 
INTELLIGENCE SURVEILLANCE COURT. 
Section 103, as amended by this Act, is further 
amended by adding at the end the following new sub-
section: 
‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE COURTS.—An officer or 
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employee of the United States Government who engages 
in intentional misconduct with respect to proceedings be-
fore the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review shall be 
subject to appropriate adverse actions, including, as ap-
propriate, suspension without pay or removal.’’. 
SEC. 402. PENALTIES FOR UNAUTHORIZED DISCLOSURE OF 
APPLICATION FOR ELECTRONIC SURVEIL-
LANCE. 
(a) IN GENERAL.—Subsection (a) of section 109 is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘intentionally’’; 
(2) in paragraph (1)— 
(A) by inserting ‘‘intentionally’’ before 
‘‘engages in’’; and 
(B) by striking ‘‘; or’’ and inserting a 
semicolon; 
(3) in paragraph (2)— 
(A) by striking ‘‘disclose’’ and inserting 
‘‘intentionally discloses’’; and 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(4) by adding at the end the following new 
paragraph: 
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‘‘(3) knowingly and willfully communicates, fur-
nishes, transmits, or otherwise makes available to an 
unauthorized person, or publishes, or uses in any 
manner prejudicial to the safety or interest of the 
United States or for the benefit or any foreign gov-
ernment to the detriment of the United States an 
application, in whole or in part, for an order for 
electronic surveillance under this Act.’’. 
(b) CONFORMING AMENDMENT.—Subsection (b) of 
such section is amended by striking ‘‘under subsection 
(a)’’ and inserting ‘‘under paragraph (1) or (2) of sub-
section (a)’’. 
SEC. 403. INCREASED CRIMINAL PENALTIES FOR OFFENSE 
UNDER FISA. 
Subsection (c) of section 109 is amended to read: 
‘‘PENALTY.—A person guilty of an offense in this sec-
tion shall be fined under title 18, imprisoned for not more 
than 10 years, or both.’’. 
SEC. 404. CRIMINAL PENALTIES FOR UNAUTHORIZED DIS-
CLOSURE OF CERTAIN INCIDENTALLY COL-
LECTED UNITED STATES PERSON INFORMA-
TION. 
Title VII is amended by inserting the following new 
section: 
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‘‘SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE. 
‘‘(a) OFFENSE.—A person is guilty of an offense 
under this section if that person knowingly and willfully 
communicates, furnishes, transmits, or otherwise makes 
available to an unauthorized person, or publishes, or uses 
in any manner prejudicial to the safety or interest of the 
United States or for the benefit of any foreign government 
to the detriment of the United States any classified infor-
mation that contains the contents of any communication 
acquired under this title to which a known United States 
person is a party. 
‘‘(b) PENALTY.—A person guilty of an offense in this 
section shall be fined under title 18, imprisoned for not 
more than 8 years, or both. 
‘‘(c) JURISDICTION.—There is Federal jurisdiction 
over an offense under this section if the person committing 
the offense was an officer or employee of the United States 
at the time the offense was committed.’’. 
SEC. 405. CONTEMPTS CONSTITUTING CRIMES. 
Section 402 of title 18, United States Code, is 
amended by inserting after ‘‘any district court of the 
United States’’ the following: ‘‘, including the Foreign In-
telligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review established by section 103 
of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803),’’. 
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SEC. 406. SENTENCING ENHANCEMENT FOR FALSE DEC-
LARATIONS BEFORE FISC. 
Subsection (a) of section 1623 of title 18, United 
States Code, is amended by inserting before ‘‘, or both’’ 
the following: ‘‘or, if such proceedings are before or ancil-
lary to the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review estab-
lished by section 103 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1803), imprisoned not more 
than ten years’’. 
SEC. 407. ANNUAL REPORTING ON DISCIPLINARY ACTIONS 
BY FEDERAL BUREAU OF INVESTIGATION. 
Section 603 is amended— 
(1) by redesignating subsection (e) as sub-
section (g); and 
(2) by inserting the following new subsection: 
‘‘(e) MANDATORY REPORTING
BY DIRECTOR
OF 
FEDERAL BUREAU OF INVESTIGATION.—The Director of 
the Federal Bureau of Investigation shall annually submit 
to the Permanent Select Committee on Intelligence and 
the Committee on Judiciary of the House of Representa-
tives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate, a report de-
scribing the accountability actions taken by the Federal 
Bureau of Investigation in the preceding 12-month period 
for noncompliant querying of information acquired under 
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section 702, to include the number of ongoing personnel 
investigations, the outcome of any completed personnel in-
vestigations and any related adverse personnel actions 
taken.’’. 
TITLE V—REPORTS AND OTHER 
MATTERS 
SEC. 501. INCLUSION OF COUNTERNARCOTICS IN DEFINI-
TION OF FOREIGN INTELLIGENCE. 
Subsection (e)(1) of section 101 is amended— 
(1) in subparagraph (B), by striking ‘‘; or’’ and 
inserting a semicolon; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) international production, distribution, 
or financing of illicit synthetic drugs, opioids, 
cocaine, or other drugs driving overdose deaths, 
or any controlled substance designated by the 
Controlled Substances Act (21 U.S.C. 801 et 
seq.), or precursors of any aforementioned; or’’. 
SEC. 502. REVOCATION OF STATUTORY REPORTING EXEMP-
TION 
AND 
ADDITIONAL 
REPORTING 
RE-
QUIREMENT FOR FEDERAL BUREAU OF IN-
VESTIGATION. 
(a) IN GENERAL.—Section 603, as amended by this 
Act, is further amended— 
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(1) in subsection (b)(2)(B) by inserting ‘‘(or 
combined unminimized contents and noncontents in-
formation)’’ after ‘‘unminimized contents’’; 
(2) in subsection (d), by amending paragraph 
(2) to read as follows: 
‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL 
ADDRESS AND TELEPHONE NUMBERS.—Paragraph 
(3)(B) of subsection (b) shall not apply to orders re-
sulting in the acquisition of information by the Fed-
eral Bureau of Investigation that does not include 
electronic mail addresses or telephone numbers.’’; 
and 
(3) by inserting the following new subsection: 
‘‘(f) MANDATORY REPORTING ON SECTION 702 BY 
DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 
‘‘(1) ANNUAL
REPORT.—The Director of the 
Federal Bureau of Investigation shall annually sub-
mit to the Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the 
House of Representatives and the Select Committee 
on Intelligence and the Committee on the Judiciary 
of the Senate a report that includes— 
‘‘(A) the number of United States person 
queries by the Federal Bureau of Investigation 
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of unminimized contents or noncontents ac-
quired pursuant to section 702(a); 
‘‘(B) the number of approved queries using 
the Federal Bureau of Investigation’s batch job 
technology, or successor tool; 
‘‘(C) the number of queries using the Fed-
eral Bureau of Investigation’s batch job tech-
nology, or successor tool, conducted by the Fed-
eral Bureau of Investigation against informa-
tion acquired pursuant to section 702(a) for 
which pre-approval was not obtained due to 
emergency circumstances; 
‘‘(D) the number of United States person 
queries conducted by the Federal Bureau of In-
vestigation of unminimized contents or noncon-
tents acquired pursuant to section 702(a) solely 
to retrieve evidence of a crime; 
‘‘(E) a good faith estimate of the number 
of United States person query terms used by 
the Federal Bureau of Investigation to conduct 
queries of unminimized contents or noncontents 
acquired pursuant to section 702(a) primarily 
to protect the United States person who is the 
subject of the query; and 
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‘‘(F) a good faith estimate of the number 
of United States person query terms used by 
the Federal Bureau of Investigation to conduct 
queries of unminimized contents or noncontents 
acquired pursuant to section 702(a) where the 
United States person who is the subject of the 
query is a target or subject of an investigation 
by the Federal Bureau of Investigation. 
‘‘(2) PUBLIC AVAILABILITY.—Subject to declas-
sification review by the Attorney General and the 
Director of National Intelligence, each annual report 
submitted pursuant to paragraph (1) shall be avail-
able to the public during the first April following the 
calendar year covered by the report.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2025. 
SEC. 503. NOTIFICATION TO CONGRESS OF CERTAIN UNAU-
THORIZED DISCLOSURES. 
If the Director of National Intelligence becomes 
aware of an actual or potential significant unauthorized 
disclosure or compromise of information acquired under 
section 702 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a), as soon as practicable, but 
not later than 7 days after the date on which the Director 
becomes so aware, the Director shall notify the congres-
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sional intelligence committees of such actual or potential 
disclosure or compromise. 
SEC. 504. DEFINITION OF ELECTRONIC COMMUNICATION 
SERVICE PROVIDER. 
(a) Subsection (b)(4) of section 701 is amended— 
(1) in subparagraph (D)— 
(A) by striking ‘‘other communication’’; 
and 
(B) by inserting ‘‘, or equipment that is 
being or may be used to transmit or store such 
communications’’ after ‘‘stored’’; and 
(2) in subparagraph (E), by inserting ‘‘custo-
dian,’’ after ‘‘employee,’’. 
(b) Subsection (6) of section 801 is amended— 
(1) in subparagraph (D)— 
(A) by striking ‘‘other communication’’; 
and 
(B) by inserting ‘‘, or equipment that is 
being or may be used to transmit or store such 
communications’’ after ‘‘stored’’; and 
(2) in subparagraph (F), by inserting ‘‘custo-
dian,’’ after ‘‘employee,’’. 
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SEC. 505. VETTING OF NON-UNITED STATES PERSONS. 
Subsection (f) of section 702, as amended by this Act, 
is further amended by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) VETTING
OF
NON-UNITED
STATES
PER-
SONS.—For any procedures for one or more agencies 
adopted under paragraph (1)(A), the Attorney Gen-
eral, in consultation with the Director of National 
Intelligence, shall ensure that the procedures enable 
the vetting of all non-United States persons who are 
being processed for travel to the United States using 
terms that do not qualify as United States person 
query terms under this Act.’’. 
SEC. 506. ACCOUNTABILITY MEASURES FOR EXECUTIVE 
LEADERSHIP OF FEDERAL BUREAU OF IN-
VESTIGATION. 
(a) MEASURES REQUIRED.—The Director of the 
Federal Bureau of Investigation shall ensure that, as soon 
as practicable following the date of enactment of this Act, 
there are in effect measures for holding the executive lead-
ership of each covered component appropriately account-
able for ensuring compliance with covered procedures by 
the personnel of the Federal Bureau of Investigation as-
signed to that covered component. Such measures shall in-
clude a requirement for an annual evaluation of the execu-
tive leadership of each such covered component with re-
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spect to ensuring such compliance during the preceding 
year. 
(b) BRIEFINGS REQUIRED.— 
(1) BRIEFINGS.—On a semiannual basis for the 
2-year period following the date of the enactment of 
this Act, and on an annual basis thereafter, the Fed-
eral Bureau of Investigation shall provide to the ap-
propriate congressional committees a briefing on the 
implementation of subsection (a). 
(2) MATTERS.—Each briefing under paragraph 
(1) shall include, with respect to the period covered 
by the briefing, the following: 
(A) A description of specific measures 
under subsection (a) that the Federal Bureau 
of Investigation has implemented. 
(B) A description of specific measures 
under such subsection that the Federal Bureau 
of Investigation has proposed to be imple-
mented or modified, and the timeline for such 
proposed implementation or modification. 
(C) A summary of compliance with covered 
procedures by the personnel of the Federal Bu-
reau of Investigation, disaggregated by covered 
component, and a description of any adverse 
personnel actions taken against, or other ac-
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tions taken to ensure the appropriate account-
ability of, the executive leadership of covered 
components that underperformed with respect 
to ensuring such compliance. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional intelligence commit-
tees, as such term is defined in subsection (b) 
of section 701 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1881); and 
(B) the Committees on the Judiciary of 
the House of Representatives and the Senate. 
(2) COVERED COMPONENT.—The term ‘‘covered 
component’’ means a field office, Headquarters divi-
sion, or other element of the Federal Bureau of In-
vestigation with personnel who have access to the 
unminimized contents of communications obtained 
through 
acquisitions 
authorized 
under 
section 
702(a). 
(3) COVERED PROCEDURE.—The term ‘‘covered 
procedure’’— 
(A) means any procedure governing the 
use of authorities under the Foreign Intel-
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ligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.); and 
(B) includes querying procedures and mini-
mization procedures adopted pursuant to such 
Act. 
(4) EXECUTIVE LEADERSHIP.—The term ‘‘exec-
utive leadership’’ includes— 
(A) with respect to a field office of the 
Federal Bureau of Investigation, an Assistant 
Director in Charge or Special Agent in Charge 
of the field office; and 
(B) with respect to a division of the Fed-
eral Bureau of Investigation Headquarters, an 
Assistant Director of the division. 
SEC. 507. REPORT ON TECHNOLOGY NEEDED FOR NEAR- 
REAL TIME MONITORING OF FEDERAL BU-
REAU OF INVESTIGATION COMPLIANCE. 
(a) STUDY REQUIRED.—The Director of National In-
telligence, in coordination with the National Security 
Agency and in consultation with the Federal Bureau of 
Investigation, shall conduct a study on technological en-
hancements that would enable the Federal Bureau of In-
vestigation to conduct near-real time monitoring of com-
pliance in any system of the Federal Bureau of Investiga-
tion that stores information acquired under section 702. 
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Such study shall consider the potential cost and assess the 
feasibility of implementation within a period of one year 
of each technological enhancement under consideration. 
(b) SUBMISSION.—Not later than one year after the 
date of enactment of this Act, the Director of National 
Intelligence shall submit the results of the study to the 
appropriate congressional committees. 
(c) DEFINITIONS.—In this section the term ‘‘appro-
priate congressional committees’’ means— 
(1) the congressional intelligence committees, as 
such term is defined in subsection (b) of section 701 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881); and 
(2) the Committees on the Judiciary of the 
House of Representatives and the Senate. 
SEC. 508. INSPECTOR GENERAL REPORT ON FEDERAL BU-
REAU OF INVESTIGATION QUERYING PRAC-
TICES. 
(a) REPORT.—Not later than 545 days after the date 
of enactment of this Act, the Inspector General of the De-
partment of Justice shall submit to the appropriate con-
gressional committees a report on the querying practices 
of the Federal Bureau of Investigation under section 702. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include, at a minimum, the following: 
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(1) An evaluation of compliance by personnel of 
the Federal Bureau of Investigation with the 
querying procedures adopted under section 702(f), 
with a particular focus on compliance by such per-
sonnel with the procedures governing queries using 
United States person query terms. 
(2) A discussion of each specific reform that, in 
the view of the Inspector General, is responsible for 
any identified improvement in the Federal Bureau of 
Investigation’s record of compliance with the 
querying procedures, including an identification of 
whether such reform was— 
(A) required by this Act or another Act of 
Congress; 
(B) required by the Foreign Intelligence 
Surveillance Court or the Attorney General; or 
(C) voluntarily adopted by the Director of 
the Federal Bureau of Investigation. 
(3) An assessment of the status of the imple-
mentation by the Federal Bureau of Investigation of 
all reforms related to querying that are required by 
this Act. 
(4) An evaluation of the effectiveness of the Of-
fice of Internal Auditing of the Federal Bureau of 
Investigation with respect to monitoring and improv-
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ing query compliance by personnel of the Federal 
Bureau of Investigation. 
(5) Recommendations to further improve com-
pliance with querying procedures by personnel of the 
Federal Bureau of Investigation, particularly with 
respect to compliance with the procedures governing 
queries using United States person query terms. 
(6) Any other relevant matter the Inspector 
General determines appropriate. 
(c) FORM.—The report under subsection (a) shall be 
submitted in unclassified form and may include a classi-
fied annex. 
(d) DEFINITIONS.—In this section: 
(1) IN GENERAL.—Except as provided in this 
section, terms used in this section have the mean-
ings given such terms in the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional intelligence commit-
tees, as such term is defined in subsection (b) 
of section 701 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1881); and 
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(B) the Committees on the Judiciary of 
the House of Representatives and the Senate. 
SEC. 509. SENSE OF CONGRESS ON THE TARGETED COL-
LECTION OF UNITED STATES PERSON INFOR-
MATION. 
It is the sense of Congress that section 702 of the 
Foreign Intelligence Surveillance Act has always prohib-
ited, and continues to prohibit, the intelligence community 
from targeting a United States person for collection of for-
eign intelligence information. If the intelligence commu-
nity intends to target a United States person for collection 
of foreign intelligence information under the Foreign In-
telligence Surveillance Act, the government must first ob-
tain an individualized court order based upon a finding 
of probable cause that the United States person is a for-
eign power, an agent of a foreign power, or an officer or 
employee of a foreign power, in order to conduct surveil-
lance targeting that United States person. 
SEC. 510. FISA REFORM COMMISSION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a com-
mission to consider ongoing reforms to the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.). 
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(2) DESIGNATION.—The commission estab-
lished under paragraph (1) shall be known as the 
‘‘FISA Reform Commission’’ (in this section the 
‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Commission shall be composed 
of the following members: 
(i) The Principal Deputy Director of 
National Intelligence. 
(ii) The Deputy Attorney General. 
(iii) The Deputy Secretary of Defense. 
(iv) The Deputy Secretary of State. 
(v) The Chair of the Privacy and Civil 
Liberties Oversight Board. 
(vi) Three members appointed by the 
majority leader of the Senate, in consulta-
tion with the Chairman of the Select Com-
mittee on Intelligence of the Senate and 
the Chairman of the Committee on the Ju-
diciary of the Senate, 1 of whom shall be 
a member of the Senate and 2 of whom 
shall not be. 
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(vii) Three members appointed by the 
minority leader of the Senate, in consulta-
tion with the Vice Chairman of the Select 
Committee on Intelligence of the Senate 
and the Ranking Member of the Com-
mittee on the Judiciary of the Senate, 1 of 
whom shall be a member of the Senate and 
2 of whom shall not be. 
(viii) Three members appointed by the 
Speaker of the House of Representatives, 
in consultation with the Chairman of the 
Permanent Select Committee on Intel-
ligence of the House of Representatives 
and the Chairman of the Committee on the 
Judiciary of the House of Representatives, 
1 of whom shall be a member of the House 
of Representatives and 2 of whom shall not 
be. 
(ix) Three members appointed by the 
minority leader of the House of Represent-
atives, in consultation with the Ranking 
Member of the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives and the Ranking Member of 
the Committee on the Judiciary of the 
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House of Representatives, 1 of whom shall 
be a member of the House of Representa-
tives and 2 of whom shall not be. 
(B) NONMEMBERS OF CONGRESS.— 
(i) QUALIFICATIONS.—The members 
of the Commission who are not Members 
of Congress and who are appointed under 
clauses (vi) through (ix) of subparagraph 
(A) shall be individuals who are nationally 
recognized for expertise, knowledge, or ex-
perience in— 
(I) use of intelligence information 
by the intelligence community (as de-
fined in section 3 of the National Se-
curity Act of 1947 (50 U.S.C. 3003)), 
national policymakers and military 
leaders; 
(II) the implementation, funding, 
or oversight of the national security 
laws of the United States; 
(III) privacy, civil liberties, and 
transparency; or 
(IV) laws and policies governing 
methods of electronic surveillance. 
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(ii) CONFLICTS OF INTEREST.—An of-
ficial who appoints members of the Com-
mission may not appoint an individual as 
a member of the Commission if such indi-
vidual possesses any personal or financial 
interest in the discharge of any of the du-
ties of the Commission. 
(iii) 
SECURITY
CLEARANCES.—All 
members of the Commission described in 
clause (i) shall possess an appropriate se-
curity clearance in accordance with appli-
cable provisions of law concerning the han-
dling of classified information. 
(2) CO-CHAIRS.— 
(A) IN GENERAL.—The Commission shall 
have 2 co-chairs, selected from among the mem-
bers of the Commission. 
(B) AGREEMENT.—The individuals who 
serve as the co-chairs of the Commission shall 
be agreed upon by the members of the Commis-
sion. 
(c) APPOINTMENT; INITIAL MEETING.— 
(1) APPOINTMENT.—Members of the Commis-
sion shall be appointed not later than 90 days after 
the date of the enactment of this Act. 
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(2) INITIAL MEETING.—The Commission shall 
hold its initial meeting on or before the date that is 
180 days after the date of the enactment of this Act. 
(d) MEETINGS; QUORUM; VACANCIES.— 
(1) IN GENERAL.—After its initial meeting, the 
Commission shall meet upon the call of the co-chairs 
of the Commission. 
(2) QUORUM.—Nine members of the Commis-
sion shall constitute a quorum for purposes of con-
ducting business, except that 2 members of the 
Commission shall constitute a quorum for purposes 
of receiving testimony. 
(3) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(4) QUORUM WITH VACANCIES.—If vacancies in 
the Commission occur on any day after 90 days 
after the date of the enactment of this Act, a 
quorum shall consist of a majority of the members 
of the Commission as of such day. 
(e) DUTIES.—The duties of the Commission are as 
follows: 
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(1) To review the effectiveness of the current 
implementation of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.). 
(2) To develop recommendations for legislative 
action to reform the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) that pro-
vide for the effective conduct of United States intel-
ligence activities and the protection of privacy and 
civil liberties. 
(f) POWERS OF COMMISSION.— 
(1) IN GENERAL.— 
(A) HEARINGS.—The Commission or, on 
the authorization of the Commission, any sub-
committee or member thereof, may, for the pur-
pose of carrying out this section— 
(i) hold such hearings and sit and act 
at such times and places, take such testi-
mony, receive such evidence, and admin-
ister such oaths; and 
(ii) require, by subpoena or otherwise, 
the attendance and testimony of such wit-
nesses and the production of such books, 
records, correspondence, memoranda, pa-
pers, and documents, as the Commission 
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or such designated subcommittee or des-
ignated member considers necessary. 
(B) ISSUANCE
AND
ENFORCEMENT
OF 
SUBPOENAS.— 
(i) ISSUANCE.—A subpoena issued 
under subparagraph (A)(ii) shall— 
(I) bear the signature of the co- 
chairs of the Commission; and 
(II) be served by a person or 
class of persons designated by the co- 
chairs for that purpose. 
(ii) ENFORCEMENT.—The provisions 
of sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 
192–194) shall apply in the case of any 
failure of a witness to comply with any 
subpoena or to testify when summoned 
under authority of this paragraph. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from any executive department, 
agency, bureau, board, commission, office, inde-
pendent establishment, or instrumentality of the 
Federal Government information, suggestions, 
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estimates, and statistics for the purposes of this 
section. 
(B) 
FURNISHING
INFORMATION.—Each 
such department, agency, bureau, board, com-
mission, office, establishment, or instrumen-
tality described in subparagraph (A) shall, to 
the extent authorized by law, furnish such in-
formation, suggestions, estimates, and statistics 
directly to the Commission, upon request of the 
co-chairs of the Commission. 
(C) PROTECTION OF CLASSIFIED INFORMA-
TION.—The Commission shall handle and pro-
tect all classified information provided to it 
under this section in accordance with applicable 
provisions of law. 
(3) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) DIRECTOR
OF
NATIONAL
INTEL-
LIGENCE.—The Director of National Intel-
ligence shall provide to the Commission, on a 
nonreimbursable 
basis, 
such 
administrative 
services, funds, staff, facilities, and other sup-
port services as are necessary for the perform-
ance of the duties of the Commission under this 
section. 
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(B) ATTORNEY GENERAL.—The Attorney 
General may provide the Commission, on a non-
reimbursable basis, with such administrative 
services, staff, and other support services as the 
Commission may request. 
(C) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance set forth in 
subparagraphs (A) and (B), other departments 
and agencies of the United States may provide 
the Commission such services, funds, facilities, 
staff, and other support as such departments 
and agencies consider advisable and as may be 
authorized by law. 
(D) 
COOPERATION.—The 
Commission 
shall receive the full and timely cooperation of 
any official, department, or agency of the Fed-
eral Government whose assistance is necessary, 
as jointly determined by the co-chairs selected 
under subsection (b)(2), for the fulfillment of 
the duties of the Commission, including the 
provision of full and current briefings and anal-
yses. 
(4) POSTAL SERVICES.—The Commission may 
use the United States postal services in the same 
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manner and under the same conditions as the de-
partments and agencies of the Federal Governments. 
(5) GIFTS.—No member or staff of the Com-
mission may receive a gift or benefit by reason of 
the service of such member or staff to the Commis-
sion. 
(g) STAFF OF COMMISSION.— 
(1) APPOINTMENT
AND
COMPENSATION
OF 
STAFF.—The co-chairs of the Commission, in ac-
cordance with rules agreed upon by the Commission, 
shall appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary 
to enable the Commission to carry out its duties, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable 
to a person occupying a position at level V of the 
Executive Schedule under section 5316 of such title. 
(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Any Federal Government employee may be detailed 
to the Commission without reimbursement from the 
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Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular 
employment without interruption. 
(3) SECURITY CLEARANCES.—All staff of the 
Commission and all experts and consultants em-
ployed by the Commission shall possess a security 
clearance in accordance with applicable provisions of 
law concerning the handling of classified informa-
tion. 
(h) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION OF MEMBERS.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), each member of the Commission 
may be compensated at not to exceed the daily 
equivalent of the annual rate of basic pay in ef-
fect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day during which that 
member is engaged in the actual performance of 
the duties of the Commission under this title. 
(B) EXCEPTION.—Members of the Com-
mission who are officers or employees of the 
United States or Members of Congress shall re-
ceive no additional pay by reason of their serv-
ice on the Commission. 
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(2) TRAVEL
EXPENSES.—While away from 
their homes or regular places of business in the per-
formance of services for the Commission, a member 
of the Commission may be allowed travel expenses, 
including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in 
the Government service are allowed expenses under 
section 5703 of title 5, United States Code. 
(i) TREATMENT OF INFORMATION RELATING TO NA-
TIONAL SECURITY.— 
(1) IN GENERAL.—The Director of National In-
telligence shall assume responsibility for the han-
dling and disposition of any information related to 
the national security of the United States that is re-
ceived, considered, or used by the Commission under 
this title. 
(2) INFORMATION
PROVIDED
BY
CONGRES-
SIONAL INTELLIGENCE COMMITTEES.—Any informa-
tion related to the national security of the United 
States that is provided to the Commission by a con-
gressional intelligence committee may not be further 
provided or released without the approval of the 
chairman of such committee. 
(3) ACCESS AFTER TERMINATION OF COMMIS-
SION.—Notwithstanding any other provision of law, 
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