H. R. 7888—17 
(A) in subparagraph (B), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (E)(ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(F) 
non-cumulative 
information 
known 
to 
the 
applicant that is potentially exculpatory regarding the 
requested legal findings or any assessment in the applica-
tion.’’. 
(5) TITLE VII.— 
(A) SECTION 703.—Subsection (b)(1) of section 703, as 
amended by this Act, is further amended— 
(i) in subparagraph (J), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in subparagraph (K), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(L) 
non-cumulative 
information 
known 
to 
the 
applicant or declarant that is potentially exculpatory 
regarding the requested legal findings or any assessment 
in the application.’’. 
(B) SECTION
704.—Subsection (b) of section 704, as 
amended by this Act, is further amended— 
(i) in paragraph (7), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in paragraph (8), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(9) non-cumulative information known to the applicant 
or declarant that is potentially exculpatory regarding the 
requested legal findings or any assessment in the application.’’. 
(6) APPLICABILITY.—The amendments made by this sub-
section shall apply with respect to applications made on or 
after the date that is 120 days after the date of enactment 
of this Act. 
SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGA-
TION AND QUARTERLY REPORT TO CONGRESS. 
(a) REVOCATION
OF STATUTORY REPORTING EXEMPTION
AND 
ADDITIONAL REPORTING REQUIREMENT FOR FEDERAL BUREAU OF 
INVESTIGATION.— 
(1) IN GENERAL.—Section 603, as amended by this Act, 
is further amended— 
(A) in subsection (b)(2)(B) by inserting ‘‘(or combined 
unminimized contents and noncontents information)’’ after 
‘‘unminimized contents’’; 
(B) in subsection (d), by amending paragraph (2) to 
read as follows: 
‘‘(2) NONAPPLICABILITY TO ELECTRONIC MAIL ADDRESS AND 
TELEPHONE NUMBERS.—Paragraph (3)(B) of subsection (b) shall 
not apply to orders resulting in the acquisition of information 
by the Federal Bureau of Investigation that does not include 
electronic mail addresses or telephone numbers.’’; and 
(C) by inserting the following new subsection:
H. R. 7888—18 
‘‘(f) MANDATORY REPORTING ON SECTION 702 BY DIRECTOR OF 
FEDERAL BUREAU OF INVESTIGATION.— 
‘‘(1) ANNUAL REPORT.—The Director of the Federal Bureau 
of Investigation shall annually submit to the Permanent Select 
Committee on Intelligence and the Committee on the Judiciary 
of the House of Representatives and the Select Committee 
on Intelligence and the Committee on the Judiciary of the 
Senate a report that includes— 
‘‘(A) the number of United States person queries by 
the Federal Bureau of Investigation of unminimized con-
tents or noncontents acquired pursuant to section 702(a); 
‘‘(B) the number of approved queries using the Federal 
Bureau of Investigation’s batch job technology, or successor 
tool; 
‘‘(C) the number of queries using the Federal Bureau 
of Investigation’s batch job technology, or successor tool, 
conducted by the Federal Bureau of Investigation against 
information acquired pursuant to section 702(a) for which 
pre-approval was not obtained due to emergency cir-
cumstances; 
‘‘(D) the number of United States person queries con-
ducted by the Federal Bureau of Investigation of 
unminimized contents or noncontents acquired pursuant 
to section 702(a) solely to retrieve evidence of a crime; 
‘‘(E) a good faith estimate of the number of United 
States person query terms used by the Federal Bureau 
of Investigation to conduct queries of unminimized contents 
or noncontents acquired pursuant to section 702(a) pri-
marily to protect the United States person who is the 
subject of the query; and 
‘‘(F) a good faith estimate of the number of United 
States person query terms used by the Federal Bureau 
of Investigation to conduct queries of unminimized contents 
or noncontents acquired pursuant to section 702(a) where 
the United States person who is the subject of the query 
is a target or subject of an investigation by the Federal 
Bureau of Investigation. 
‘‘(2) PUBLIC
AVAILABILITY.—Subject to declassification 
review by the Attorney General and the Director of National 
Intelligence, each annual report submitted pursuant to para-
graph (1) shall be available to the public during the first 
April following the calendar year covered by the report. 
‘‘(3) QUARTERLY REPORT.—Beginning on the date that is 
not later than 1 year after the effective date of this paragraph, 
the Director of the Federal Bureau of Investigation shall submit 
a quarterly report to the congressional intelligence committees 
and to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate that includes the number of 
U.S. person queries conducted during that quarter.’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on January 1, 2025. 
SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BUREAU OF 
INVESTIGATION. 
(a) ANNUAL REPORTING ON DISCIPLINARY ACTIONS BY FEDERAL 
BUREAU OF INVESTIGATION.—Section 603 is amended— 
(1) by redesignating subsection (e) as subsection (g); and
H. R. 7888—19 
(2) by inserting the following new subsection: 
‘‘(e) MANDATORY REPORTING BY DIRECTOR OF FEDERAL BUREAU 
OF INVESTIGATION.—The Director of the Federal Bureau of Inves-
tigation shall annually submit to the Permanent Select Committee 
on Intelligence and the Committee on Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate, a report describing 
the accountability actions taken by the Federal Bureau of Investiga-
tion in the preceding 12-month period for noncompliant querying 
of information acquired under section 702 and any such actions 
taken pursuant to section 103(m), to include the number of ongoing 
personnel investigations, the outcome of any completed personnel 
investigations and any related adverse personnel actions taken.’’. 
(b) ACCOUNTABILITY MEASURES FOR EXECUTIVE LEADERSHIP OF 
FEDERAL BUREAU OF INVESTIGATION.— 
(1) MEASURES
REQUIRED.—The Director of the Federal 
Bureau of Investigation shall ensure that, as soon as practicable 
following the date of enactment of this Act, there are in effect 
measures for holding the executive leadership of each covered 
component appropriately accountable for ensuring compliance 
with covered procedures by the personnel of the Federal Bureau 
of Investigation assigned to that covered component. Such 
measures shall include a requirement for an annual evaluation 
of the executive leadership of each such covered component 
with respect to ensuring such compliance during the preceding 
year. 
(2) BRIEFINGS REQUIRED.— 
(A) BRIEFINGS.—Not later than December 31 of each 
calendar year, the Federal Bureau of Investigation shall 
provide to the appropriate congressional committees a 
briefing on the implementation of paragraph (1). 
(B) MATTERS.—Each briefing under subparagraph (A) 
shall include, with respect to the period covered by the 
briefing, the following: 
(i) A description of specific measures under para-
graph (1) that the Federal Bureau of Investigation 
has implemented. 
(ii) A description of specific measures under such 
subsection that the Federal Bureau of Investigation 
has proposed to be implemented or modified, and the 
timeline for such proposed implementation or modifica-
tion. 
(iii) A summary of compliance with covered proce-
dures by the personnel of the Federal Bureau of Inves-
tigation, disaggregated by covered component, and a 
description of any adverse personnel actions taken 
against, or other actions taken to ensure the appro-
priate accountability of, the executive leadership of 
covered components that underperformed with respect 
to ensuring such compliance. 
(3) DEFINITIONS.—In this subsection: 
(A) APPROPRIATE
CONGRESSIONAL
COMMITTEES.—The 
term ‘‘appropriate congressional committees’’ means— 
(i) the congressional intelligence committees, as 
such term is defined in subsection (b) of section 701 
of the Foreign Intelligence Surveillance Act of 1978
H. R. 7888—20 
(50 U.S.C. 1881) on the date of enactment of this 
Act; and 
(ii) the Committees on the Judiciary of the House 
of Representatives and the Senate. 
(B) COVERED COMPONENT.—The term ‘‘covered compo-
nent’’ means a field office, Headquarters division, or other 
element of the Federal Bureau of Investigation with per-
sonnel who, for any period during which section 702 is 
in effect, have access to the unminimized contents of 
communications obtained through acquisitions authorized 
under section 702(a). 
(C) COVERED PROCEDURE.—The term ‘‘covered proce-
dure’’— 
(i) means any procedure governing the use of 
authorities under the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.); and 
(ii) includes querying procedures and minimization 
procedures adopted pursuant to such Act. 
(D) EXECUTIVE
LEADERSHIP.—The term ‘‘executive 
leadership’’ includes— 
(i) with respect to a field office of the Federal 
Bureau of Investigation, an Assistant Director in 
Charge or Special Agent in Charge of the field office; 
and 
(ii) with respect to a division of the Federal Bureau 
of Investigation Headquarters, an Assistant Director 
of the division. 
SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA. 
(a) PENALTIES FOR UNAUTHORIZED DISCLOSURE OF APPLICATION 
FOR ELECTRONIC SURVEILLANCE.— 
(1) IN
GENERAL.—Subsection (a) of section 109 is 
amended— 
(A) in the matter preceding paragraph (1), by striking 
‘‘intentionally’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘intentionally’’ before ‘‘engages in’’; 
and 
(ii) by striking ‘‘; or’’ and inserting a semicolon; 
(C) in paragraph (2)— 
(i) by striking ‘‘disclose’’ and inserting ‘‘inten-
tionally discloses’’; and 
(ii) by striking the period at the end and inserting 
‘‘; or’’; and 
(D) by adding at the end the following new paragraph: 
‘‘(3) knowingly and willfully communicates, furnishes, 
transmits, or otherwise makes available to an unauthorized 
person, or publishes, or uses in any manner prejudicial to 
the safety or interest of the United States or for the benefit 
of any foreign government to the detriment of the United States 
an application, in whole or in part, for an order for electronic 
surveillance under this Act.’’. 
(2) CONFORMING AMENDMENT.—Subsection (b) of such sec-
tion is amended by striking ‘‘under subsection (a)’’ and inserting 
‘‘under paragraph (1) or (2) of subsection (a)’’. 
(b) INCREASED
CRIMINAL
PENALTIES
FOR
OFFENSE
UNDER 
FISA.—Subsection (c) of section 109 is amended to read as follows:
H. R. 7888—21 
‘‘(c) PENALTY.—A person guilty of an offense in this section 
shall be fined under title 18, imprisoned for not more than 10 
years, or both.’’. 
(c) CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OF 
CERTAIN
INCIDENTALLY
COLLECTED
UNITED
STATES
PERSON 
INFORMATION.—Title VII is amended by inserting the following 
new section: 
‘‘SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE. 
‘‘(a) OFFENSE.—A person is guilty of an offense under this 
section if that person knowingly and willfully communicates, 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 of any 
foreign government to the detriment of the United States any 
classified information that contains the contents of any communica-
tion acquired under this title to which a known United States 
person is a party. 
‘‘(b) PENALTY.—A person guilty of an offense in this section 
shall be fined under title 18, imprisoned for not more than 8 
years, or both. 
‘‘(c) JURISDICTION.—There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an 
officer or employee of the United States at the time the offense 
was committed.’’. 
(d) SENTENCING
ENHANCEMENT
FOR
FALSE
DECLARATIONS 
BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.—Subsection 
(a) of section 1623 of title 18, United States Code, is amended 
by inserting before ‘‘, or both’’ the following: ‘‘or, if such proceedings 
are before or ancillary to the Foreign Intelligence Surveillance 
Court or the Foreign Intelligence Surveillance Court of Review 
established by section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years’’. 
SEC. 14. CONTEMPT POWER OF FISC AND FISC–R. 
(a) CONTEMPTS CONSTITUTING CRIMES.—Section 402 of title 
18, United States Code, is amended by inserting after ‘‘any district 
court of the United States’’ the following: ‘‘, including the Foreign 
Intelligence Surveillance Court or the Foreign Intelligence Surveil-
lance Court of Review established by section 103 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803),’’. 
(b) ANNUAL REPORTING
ON CONTEMPT.—Subsection (a)(1) of 
section 603 is amended— 
(1) in subparagraph (E), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in subparagraph (F), by striking the period and inserting 
‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) the number of times the Foreign Intelligence 
Surveillance Court and the Foreign Intelligence Surveil-
lance Court of Review exercised authority under chapter 
21 of title 18, United States Code and a description of 
each use of such authority.’’. 
SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS. 
(a) INCREASED PENALTIES.—Subsection (a) of section 110 is 
amended to read as follows:
H. R. 7888—22 
‘‘(a) actual damages, but not less than liquidated damages 
equal to the greater of— 
‘‘(1) if the aggrieved person is a United States person, 
$10,000 or $1,000 per day for each day of violation; or 
‘‘(2) for any other aggrieved person, $1,000 or $100 per 
day for each day of violation;’’. 
(b) REPORTING REQUIREMENT.—Title I of the Foreign Intel-
ligence Surveillance Act of 1978 is amended by inserting after 
section 110 the following: 
‘‘SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL ACTIONS. 
‘‘(a) REPORT
TO CONGRESS.—If a court finds that a person 
has violated this Act in a civil action under section 110, the head 
of the agency that employs that person shall report to Congress 
on the administrative action taken against that person pursuant 
to section 103(m) or any other provision of law. 
‘‘(b) REPORT TO FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 
If a court finds that a person has violated this Act in a civil 
action under section 110, the head of the agency that employs 
that person shall report the name of such person to the Foreign 
Intelligence Surveillance Court. The Foreign Intelligence Surveil-
lance Court shall maintain a list of each person about whom it 
received a report under this subsection.’’. 
SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RELATING TO 
QUERIES CONDUCTED BY THE FEDERAL BUREAU OF INVES-
TIGATION. 
(a) REQUIREMENT
FOR
ADOPTION
OF
CERTAIN
MINIMUM 
ACCOUNTABILITY STANDARDS.— 
(1) MINIMUM ACCOUNTABILITY STANDARDS.—Subsection (f) 
of section 702, as amended by this Act, is further amended 
by inserting after paragraph (3) the following new paragraph: 
‘‘(4) MINIMUM ACCOUNTABILITY STANDARDS.—The Director 
of the Federal Bureau of Investigation shall issue minimum 
accountability standards that set forth escalating consequences 
for noncompliant querying of United States person terms within 
the contents of communications that were acquired under this 
section. Such standards shall include, at minimum, the fol-
lowing: 
‘‘(A) Zero tolerance for willful misconduct. 
‘‘(B) Escalating consequences for unintentional non-
compliance, including the threshold for mandatory revoca-
tion of access to query information acquired under this 
section. 
‘‘(C) Consequences for supervisors who oversee users 
that engage in noncompliant queries.’’. 
(2) DEADLINES.—Not later than 90 days after the date 
of the enactment of this Act, the Director of the Federal Bureau 
of Investigation shall issue the minimum accountability stand-
ards required under subsection (f)(4) of section 702 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a). 
(3) REPORTS.— 
(A) SUBMISSION OF STANDARDS.—Not later than 90 days 
after the date of the enactment of this Act, the Director 
of the Federal Bureau of Investigation shall submit to 
the appropriate congressional committees the minimum 
accountability standards issued under paragraph (1).
H. R. 7888—23 
(B) ANNUAL REPORT ON IMPLEMENTATION.—Not later 
than December 1, 2024, and annually thereafter for 3 years, 
the Director of the Federal Bureau of Investigation shall 
submit to the appropriate congressional committees a 
report detailing each adverse personnel action taken pursu-
ant to the minimum accountability standards and a descrip-
tion of the conduct that led to each such action. 
(4) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMIT-
TEES.—In this section, the term ‘‘appropriate congressional 
committees’’ means— 
(A) the congressional intelligence committees, as such 
term is defined in subsection (b) of section 701 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881); and 
(B) the Committees on the Judiciary of the House 
of Representatives and of the Senate. 
SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MIS-
CONDUCT 
BEFORE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE COURT. 
(a) REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MIS-
CONDUCT BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 
Section 103, as amended by this Act, is further amended by adding 
at the end the following new subsection: 
‘‘(m) REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MIS-
CONDUCT BEFORE COURTS.—An officer or employee of the United 
States Government who engages in intentional misconduct with 
respect to proceedings before the Foreign Intelligence Surveillance 
Court or the Foreign Intelligence Surveillance Court of Review 
shall be subject to appropriate adverse actions, including, at min-
imum, suspension without pay or removal, up to and including 
termination.’’. 
SEC. 18. REPORTS AND OTHER MATTERS. 
(a) NOTIFICATION
TO CONGRESS
OF CERTAIN UNAUTHORIZED 
DISCLOSURES.—If the Director of National Intelligence becomes 
aware of an actual or potential significant unauthorized disclosure 
or compromise of information acquired under section 702 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), 
as soon as practicable, but not later than 7 days after the date 
on which the Director becomes so aware, the Director shall notify 
the congressional intelligence committees of such actual or potential 
disclosure or compromise. 
(b) REPORT
ON TECHNOLOGY NEEDED
FOR NEAR-REAL TIME 
MONITORING OF FEDERAL BUREAU OF INVESTIGATION COMPLIANCE.— 
(1) STUDY
REQUIRED.—The Director of National Intel-
ligence, in coordination with the National Security Agency and 
in consultation with the Federal Bureau of Investigation, shall 
conduct a study on technological enhancements that would 
enable the Federal Bureau of Investigation to conduct near- 
real time monitoring of compliance in any system of the Federal 
Bureau of Investigation that stores information acquired under 
section 702. Such study shall consider the potential cost and 
assess the feasibility of implementation within a period of one 
year of each technological enhancement under consideration. 
(2) SUBMISSION.—Not later than one year after the date 
of enactment of this Act, the Director of National Intelligence
H. R. 7888—24 
shall submit the results of the study to the appropriate congres-
sional committees. 
(3) DEFINITIONS.—In this section the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional intelligence committees, as such 
term is defined in subsection (b) of section 701 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881); and 
(B) the Committees on the Judiciary of the House 
of Representatives and the Senate. 
(c) FISA REFORM COMMISSION.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—There is established a commission 
to consider ongoing reforms to the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
(B) DESIGNATION.—The commission established under 
subparagraph (A) shall be known as the ‘‘FISA Reform 
Commission’’ (in this section the ‘‘Commission’’). 
(2) MEMBERSHIP.— 
(A) COMPOSITION.— 
(i) IN GENERAL.—Subject to clause (ii), the Commis-
sion 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 Lib-
erties Oversight Board. 
(VI) Three members appointed by the majority 
leader of the Senate, in consultation with the 
Chairman of the Select Committee on Intelligence 
of the Senate and the Chairman of the Committee 
on the Judiciary of the Senate, 1 of whom shall 
be a member of the Senate and 2 of whom shall 
not be. 
(VII) 
Three 
members 
appointed 
by 
the 
minority leader of the Senate, in consultation with 
the Vice Chairman of the Select Committee on 
Intelligence of the Senate and the Ranking 
Member of the Committee on the Judiciary of the 
Senate, 1 of whom shall be a member of the Senate 
and 2 of whom shall not be. 
(VIII) Three members appointed by the 
Speaker of the House of Representatives, in con-
sultation with the Chairman of the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Chairman of the Com-
mittee on the Judiciary of the House of Representa-
tives, 1 of whom shall be a member of the House 
of Representatives and 2 of whom shall not be. 
(IX) Three members appointed by the minority 
leader of the House of Representatives, in consulta-
tion with the Ranking Member of the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Ranking Member of the
H. R. 7888—25 
Committee on the Judiciary of the House of Rep-
resentatives, 1 of whom shall be a member of 
the House of Representatives and 2 of whom shall 
not be. 
(ii) NONMEMBERS OF CONGRESS.— 
(I) QUALIFICATIONS.—The members of the 
Commission who are not members of Congress 
and who are appointed under subclauses (VI) 
through (IX) of clause (i) shall be individuals who 
are nationally recognized for expertise, knowledge, 
or experience in— 
(aa) use of intelligence information by the 
intelligence community (as defined in section 
3 of the National Security Act of 1947 (50 
U.S.C. 3003)), national policymakers, and mili-
tary leaders; 
(bb) the implementation, funding, or over-
sight of the national security laws of the 
United States; 
(cc) privacy, civil liberties, and trans-
parency; or 
(dd) laws and policies governing methods 
of electronic surveillance. 
(II) CONFLICTS OF INTEREST.—An official who 
appoints members of the Commission may not 
appoint an individual as a member of the Commis-
sion if such individual possesses any personal or 
financial interest in the discharge of any of the 
duties of the Commission. 
(III) SECURITY CLEARANCES.—All members of 
the Commission described in subclause (I) shall 
possess an appropriate security clearance in 
accordance with applicable provisions of law con-
cerning the handling of classified information. 
(B) CO-CHAIRS.— 
(i) IN
GENERAL.—The Commission shall have 2 
co-chairs, selected from among the members of the 
Commission. 
(ii) AGREEMENT.—The individuals who serve as the 
co-chairs of the Commission shall be agreed upon by 
the members of the Commission. 
(3) APPOINTMENT; INITIAL MEETING.— 
(A) APPOINTMENT.—Members of the Commission shall 
be appointed not later than 90 days after the date of 
the enactment of this Act. 
(B) INITIAL MEETING.—The Commission shall hold its 
initial meeting on or before the date that is 180 days 
after the date of the enactment of this Act. 
(4) MEETINGS; QUORUM; VACANCIES.— 
(A) IN GENERAL.—After its initial meeting, the Commis-
sion shall meet upon the call of the co-chairs of the Commis-
sion. 
(B) QUORUM.—Nine members of the Commission shall 
constitute a quorum for purposes of conducting business, 
except that 2 members of the Commission shall constitute 
a quorum for purposes of receiving testimony.
H. R. 7888—26 
(C) VACANCIES.—Any vacancy in the Commission shall 
not affect its powers, but shall be filled in the same manner 
in which the original appointment was made. 
(D) QUORUM
WITH
VACANCIES.—If vacancies in the 
Commission occur on any day after 90 days after the date 
of the enactment of this Act, a quorum shall consist of 
a majority of the members of the Commission as of such 
day. 
(5) DUTIES.—The duties of the Commission are as follows: 
(A) To review the effectiveness of the current 
implementation of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.). 
(B) To develop recommendations for legislative action 
to reform the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) that provide for the effective con-
duct of United States intelligence activities and the protec-
tion of privacy and civil liberties. 
(6) POWERS OF COMMISSION.— 
(A) IN GENERAL.— 
(i) 
HEARINGS.—The 
Commission 
or, 
on 
the 
authorization of the Commission, any subcommittee 
or member thereof, may, for the purpose of carrying 
out this section— 
(I) hold such hearings and sit and act at such 
times and places, take such testimony, receive such 
evidence, and administer such oaths; and 
(II) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and 
the production of such books, records, correspond-
ence, memoranda, papers, and documents, as the 
Commission or such designated subcommittee or 
designated member considers necessary. 
(ii) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— 
(I) ISSUANCE.—A subpoena issued under 
clause (i)(II) shall— 
(aa) bear the signature of the co-chairs 
of the Commission; and 
(bb) be served by a person or class of 
persons designated by the co-chairs for that 
purpose. 
(II) ENFORCEMENT.—The provisions of sections 
102 through 104 of the Revised Statutes of the 
United States (2 U.S.C. 192–194) shall apply in 
the case of any failure of a witness to comply 
with any subpoena or to testify when summoned 
under authority of this paragraph. 
(B) INFORMATION FROM FEDERAL AGENCIES.— 
(i) IN
GENERAL.—The Commission may secure 
directly from any executive department, agency, 
bureau, 
board, 
commission, 
office, 
independent 
establishment, or instrumentality of the Federal 
Government information, suggestions, estimates, and 
statistics for the purposes of this section. 
(ii) FURNISHING INFORMATION.—Each such depart-
ment, agency, bureau, board, commission, office, 
establishment, or instrumentality described in clause 
(i) shall, to the extent authorized by law, furnish such
H. R. 7888—27 
information, suggestions, estimates, and statistics 
directly to the Commission, upon request of the co- 
chairs of the Commission. 
(iii) PROTECTION
OF
CLASSIFIED
INFORMATION.— 
The Commission shall handle and protect all classified 
information provided to it under this section in accord-
ance with applicable provisions of law. 
(C) ASSISTANCE FROM FEDERAL AGENCIES.— 
(i) DIRECTOR
OF
NATIONAL
INTELLIGENCE.—The 
Director of National Intelligence shall provide to the 
Commission, 
on 
a 
nonreimbursable 
basis, 
such 
administrative services, funds, staff, facilities, and 
other support services as are necessary for the perform-
ance of the duties of the Commission under this section. 
(ii) ATTORNEY
GENERAL.—The Attorney General 
may provide the Commission, on a nonreimbursable 
basis, with such administrative services, staff, and 
other support services as the Commission may request. 
(iii) OTHER DEPARTMENTS AND AGENCIES.—In addi-
tion to the assistance set forth in clauses (i) and (ii), 
other departments and agencies of the United States 
may provide the Commission such services, funds, 
facilities, staff, and other support as such departments 
and agencies consider advisable and as may be author-
ized by law. 
(iv) COOPERATION.—The Commission shall receive 
the full and timely cooperation of any official, depart-
ment, or agency of the Federal Government whose 
assistance is necessary, as jointly determined by the 
co-chairs selected under paragraph (2)(B), for the 
fulfillment of the duties of the Commission, including 
the provision of full and current briefings and analyses. 
(D) POSTAL SERVICES.—The Commission may use the 
United States postal services in the same manner and 
under the same conditions as the departments and agencies 
of the Federal Governments. 
(E) GIFTS.—No member or staff of the Commission 
may receive a gift or benefit by reason of the service 
of such member or staff to the Commission. 
(7) STAFF OF COMMISSION.— 
(A) APPOINTMENT AND COMPENSATION OF STAFF.—The 
co-chairs of the Commission, in accordance with rules 
agreed upon by the Commission, shall appoint and fix 
the compensation of a staff director and such other per-
sonnel as may be necessary to enable the Commission 
to carry out its duties, without regard to the provisions 
of title 5, United States Code, governing appointments 
in the competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable to 
a person occupying a position at level V of the Executive 
Schedule under section 5316 of such title. 
(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 
Government employee may be detailed to the Commission 
without reimbursement from the Commission, and such
H. R. 7888—28 
detailee shall retain the rights, status, and privileges of 
his or her regular employment without interruption. 
(C) SECURITY CLEARANCES.—All staff of the Commis-
sion and all experts and consultants employed by the 
Commission shall possess a security clearance in accord-
ance with applicable provisions of law concerning the han-
dling of classified information. 
(8) COMPENSATION AND TRAVEL EXPENSES.— 
(A) COMPENSATION OF MEMBERS.— 
(i) IN GENERAL.—Except as provided in subpara-
graph (B), each member of the Commission may be 
compensated at not to exceed the daily equivalent of 
the annual rate of basic pay in effect for a position 
at level IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each day during 
which that member is engaged in the actual perform-
ance of the duties of the Commission under this title. 
(ii) EXCEPTION.—Members of the Commission who 
are officers or employees of the United States or Mem-
bers of Congress shall receive no additional pay by 
reason of their service on the Commission. 
(B) TRAVEL EXPENSES.—While away from their homes 
or regular places of business in the performance of services 
for the Commission, a member of the Commission may 
be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed 
expenses under section 5703 of title 5, United States Code. 
(9) TREATMENT
OF
INFORMATION
RELATING
TO
NATIONAL 
SECURITY.— 
(A) IN GENERAL.—The Director of National Intelligence 
shall assume responsibility for the handling and disposition 
of any information related to the national security of the 
United States that is received, considered, or used by the 
Commission under this title. 
(B) INFORMATION PROVIDED BY CONGRESSIONAL INTEL-
LIGENCE
COMMITTEES.—Any information related to the 
national security of the United States that is provided 
to the Commission by a congressional intelligence com-
mittee may not be further provided or released without 
the approval of the chairman of such committee. 
(C) ACCESS AFTER TERMINATION OF COMMISSION.—Not-
withstanding any other provision of law, after the termi-
nation of the Commission under paragraph (10)(B), only 
the members and designated staff of the congressional 
intelligence committees, the Director of National Intel-
ligence (and the designees of the Director), and such other 
officials of the executive branch of the Federal Government 
as the President may designate shall have access to 
information related to the national security of the United 
States that is received, considered, or used by the Commis-
sion. 
(10) FINAL REPORT; TERMINATION.— 
(A) FINAL REPORT.— 
(i) DEFINITIONS.—In this subparagraph:
H. R. 7888—29 
(I) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(aa) the congressional intelligence commit-
tees; 
(bb) the Committee on the Judiciary of 
the Senate; and 
(cc) the Committee on the Judiciary of 
the House of Representatives. 
(II) CONGRESSIONAL
LEADERSHIP.—The term 
‘‘congressional leadership’’ means— 
(aa) the majority leader of the Senate; 
(bb) the minority leader of the Senate; 
(cc) the Speaker of the House of Rep-
resentatives; and 
(dd) the minority leader of the House of 
Representatives. 
(ii) FINAL
REPORT
REQUIRED.—Not later than 5 
years from the date of enactment of this Act, the 
Commission shall submit to the appropriate commit-
tees of Congress, congressional leadership, the Director 
of National Intelligence, and the Attorney General a 
final report on the findings of the Commission. 
(iii) FORM OF FINAL REPORT.—The final report sub-
mitted pursuant to clause (ii) shall be in unclassified 
form but may include a classified annex. 
(iv) ASSESSMENTS
OF
FINAL
REPORT.—Not later 
than 1 year after receipt of the final report under 
clause (ii), the Director of National Intelligence and 
the Attorney General shall each submit to the appro-
priate committees of Congress and congressional 
leadership an assessment of such report. 
(B) TERMINATION.— 
(i) IN
GENERAL.—The Commission, and all the 
authorities of this section, shall terminate on the date 
that is 2 years after the date on which the final report 
is submitted under subparagraph (A)(ii). 
(ii) WIND-DOWN PERIOD.—The Commission may use 
the 2-year period referred to in clause (i) for the pur-
poses of concluding its activities, including providing 
testimony to Congress concerning the final report 
referred to in that paragraph and disseminating the 
report. 
(11) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVI-
SIONS.— 
(A) FEDERAL
ADVISORY
COMMITTEE
ACT.—The provi-
sions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the activities of the Commission 
under this section. 
(B) FREEDOM
OF
INFORMATION
ACT.—The provisions 
of section 552 of title 5, United States Code (commonly 
referred to as the ‘‘Freedom of Information Act’’), shall 
not apply to the activities, records, and proceedings of 
the Commission under this section. 
(12) FUNDING.— 
(A) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated funds to the extent and
H. R. 7888—30 
in such amounts as specifically provided in advance in 
appropriations acts for the purposes detailed in this sub-
section. 
(B) AVAILABILITY
IN
GENERAL.—Subject to subpara-
graph (A), the Director of National Intelligence shall make 
available to the Commission such amounts as the Commis-
sion may require for purposes of the activities of the 
Commission under this section. 
(C) DURATION OF AVAILABILITY.—Amounts made avail-
able to the Commission under subparagraph (B) shall 
remain available until expended or upon termination under 
paragraph (10)(B), whichever occurs first. 
(13) 
CONGRESSIONAL
INTELLIGENCE
COMMITTEES 
DEFINED.—In this subsection, the term ‘‘congressional intel-
ligence committees’’ means— 
(A) the Select Committee on Intelligence of the Senate; 
and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(d) SEVERABILITY; APPLICABILITY DATE.— 
(1) SEVERABILITY.—If any provision of this Act, any amend-
ment made by this Act, or the application thereof to any person 
or circumstances is held invalid, the validity of the remainder 
of the Act, of any such amendments, and of the application 
of such provisions to other persons and circumstances shall 
not be affected thereby. 
(2) APPLICABILITY DATE.—Subsection (f) of section 702 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1881a), as amended by this Act, shall apply with respect to 
certifications submitted under subsection (h) of such section 
to the Foreign Intelligence Surveillance Court after January 
1, 2024. 
SEC. 19. EXTENSION OF CERTAIN AUTHORITIES. 
(a) FISA AMENDMENTS ACT OF 2008.—Section 403(b) of the 
FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 
2474) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘April 19, 2024’’ and inserting ‘‘two 
years after the date of enactment of the Reforming Intel-
ligence and Securing America Act’’; and 
(B) by inserting ‘‘and the Reforming Intelligence and 
Securing America Act’’ after ‘‘the FISA Amendments 
Reauthorization Act of 2017’’; and 
(2) in paragraph (2) in the matter preceding subparagraph 
(A), by striking ‘‘April 19, 2024’’ and inserting ‘‘two years after 
the date of enactment of the Reforming Intelligence and 
Securing America Act’’. 
(b) CONFORMING AMENDMENTS.—Section 404(b) of the FISA 
Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2476), 
is amended— 
(1) in paragraph (1)— 
(A) in the heading, by striking ‘‘APRIL 19, 2024’’ and 
inserting ‘‘TWO YEARS AFTER THE DATE OF ENACTMENT 
OF THE REFORMING INTELLIGENCE AND SECURING AMERICA 
ACT’’; and
H. R. 7888—31 
(B) by inserting ‘‘and the Reforming Intelligence and 
Securing America Act’’ after ‘‘the FISA Amendments 
Reauthorization Act of 2017’’; 
(2) in paragraph (2), by inserting ‘‘and the Reforming Intel-
ligence and Securing America Act’’ after ‘‘the FISA Amendments 
Reauthorization Act of 2017’’; and 
(3) in paragraph (4), by inserting ‘‘and the Reforming Intel-
ligence and Securing America Act’’ after ‘‘the FISA Amendments 
Reauthorization Act of 2017’’ in each place it appears. 
SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEIL-
LANCE ACT OF 1978. 
(a) REFERENCES TO FOREIGN INTELLIGENCE SURVEILLANCE ACT 
OF 1978.—Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.). 
(b) EFFECT OF CERTAIN AMENDMENTS ON CONFORMING CHANGES 
TO TABLES
OF CONTENTS.—When an amendment made by this 
Act adds a section or larger organizational unit to the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
repeals or transfers a section or larger organizational unit in such 
Act, or amends the designation or heading of a section or larger 
organizational unit in such Act, that amendment also shall have 
the effect of amending the table of contents in such Act to alter 
the table to conform to the changes made by the amendment. 
SEC. 21. REQUIREMENT FOR RECERTIFICATION. 
Notwithstanding any orders or authorizations issued or made 
under section 702 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a) during the period beginning on January 
1, 2024 and ending on April 30, 2024, no later than 90 days 
after the date of enactment of this Act, the Attorney General and 
the Director of National Intelligence shall be required to seek new 
orders consistent with the provisions of the Foreign Intelligence 
Surveillance Act of 1978, as amended by this Act, and thereafter 
to issue new authorizations consistent with such new orders. 
SEC. 22. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS 
COLLECTION. 
(a) IN GENERAL.—Section 702(b)(5) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by 
striking ‘‘, except as provided under section 103(b) of the FISA 
Amendments Reauthorization Act of 2017’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.— 
Section 702(m) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a(m)) is amended— 
(A) in the subsection heading, by striking ‘‘REVIEWS, 
AND REPORTING’’ and inserting ‘‘AND REVIEWS’’; and 
(B) by striking paragraph (4). 
(2) FISA AMENDMENTS REAUTHORIZATION ACT OF 2017.— 
Section 103 of the FISA Amendments Reauthorization Act of 
2017 (Public Law 115–118; 50 U.S.C. 1881a note) is amended— 
(A) by striking subsection (b); and 
(B) by striking ‘‘(a) IN GENERAL.—’’.
H. R. 7888—32 
SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOR-
EIGN INTELLIGENCE. 
Section 101(e)(1) is amended— 
(1) in subparagraph (B), by striking ‘‘; or’’ and inserting 
a semicolon; and 
(2) by adding at the end the following new subparagraph: 
‘‘(D) international production, distribution, or financing 
of illicit synthetic drugs, opioids, cocaine, or other drugs 
driving overdose deaths, or precursors of any aforemen-
tioned; or’’. 
SEC. 24. VETTING OF NON-UNITED STATES PERSONS. 
Subsection (f) of section 702, as amended by this Act, is further 
amended by adding at the end the following new paragraph: 
‘‘(6) VETTING OF NON-UNITED STATES PERSONS.—For any 
procedures for one or more agencies adopted under paragraph 
(1)(A), the Attorney General, in consultation with the Director 
of National Intelligence, shall ensure that the procedures enable 
the vetting of all non-United States persons who are being 
processed for travel to the United States using terms that 
do not qualify as United States person query terms under 
this Act.’’. 
SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PRO-
VIDER. 
(a) Section 701(b)(4) is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(F); 
(2) in subparagraph (D), by striking ‘‘; or’’ and inserting 
a semicolon; 
(3) by inserting after subparagraph (D) the following new 
subparagraph: 
‘‘(E) any other service provider who has access to equip-
ment that is being or may be used to transmit or store 
wire or electronic communications, but not including any 
entity that serves primarily as— 
‘‘(i) a public accommodation facility, as that term 
is defined in section 501(4); 
‘‘(ii) a dwelling, as that term is defined in section 
802 of the Fair Housing Act (42 U.S.C. 3602); 
‘‘(iii) a community facility, as that term is defined 
in section 315 of the Defense Housing and Community 
Facilities and Services Act of 1951 (42 U.S.C. 1592n); 
or 
‘‘(iv) a food service establishment, as that term 
is defined in section 281 of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1638); or’’; 
(4) in subparagraph (F), as redesignated— 
(A) by inserting ‘‘custodian,’’ after ‘‘employee,’’; 
(B) by striking ‘‘or’’ before ‘‘(D)’’; and 
(C) by inserting ‘‘, or (E)’’ after ‘‘(D)’’. 
(b) Paragraph (6) of section 801 of the Foreign Intelligence 
Surveillance Act of 1978 is amended— 
(1) by redesignating subparagraphs (E) and (F) as subpara-
graphs (F) and (G), respectively; 
(2) in subparagraph (F), as redesignated, by striking ‘‘; 
or’’ and inserting a semicolon;
H. R. 7888—33 
(3) by inserting after subparagraph (D) the following new 
subparagraph: 
‘‘(E) any other service provider who has access to equip-
ment that is being or may be used to transmit or store 
wire or electronic communications, but not including any 
entity that serves primarily as— 
‘‘(i) a public accommodation facility, as that term 
is defined in section 501(4); 
‘‘(ii) a dwelling, as that term is defined in section 
802 of the Fair Housing Act (42 U.S.C. 3602); 
‘‘(iii) a community facility, as that term is defined 
in section 315 of the Defense Housing and Community 
Facilities and Services Act of 1951 (42 U.S.C. 1592n); 
or 
‘‘(iv) a food service establishment, as that term 
is defined in section 281 of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1638);’’; and 
(4) in subparagraph (G), as redesignated— 
(A) by inserting ‘‘custodian,’’ after ‘‘employee,’’; 
(B) by striking ‘‘or’’ before ‘‘(E)’’; and 
(C) by inserting ‘‘, or (F)’’ after ‘‘(E)’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.