H. R. 7888—2 
‘‘(vi) PROHIBITION
ON
POLITICAL
APPOINTEES 
WITHIN THE PROCESS TO APPROVE FEDERAL BUREAU 
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 Con-
firmation, 
Presidential 
Appointment 
(without 
Senate Confirmation), Noncareer Senior Executive 
Service Appointment, or Schedule C Excepted 
Appointment, from inclusion in the Federal Bureau 
of Investigation’s prior approval process under 
clause (ii).’’. 
(c) MANDATORY AUDITS OF UNITED STATES PERSON QUERIES 
CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION.— 
(1) 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 days after the conduct of 
such query, the Department of Justice shall conduct an audit 
of such query. 
(2) APPLICABILITY.—The requirement under paragraph (1) 
shall apply with respect to queries conducted on or after the 
date of the enactment of this Act. 
(3) SUNSET.—This section shall terminate on the earlier 
of the following: 
(A) The date that is 2 years after the date of the 
enactment of this Act. 
(B) The date on which the Attorney General submits 
to the appropriate congressional committees a certification 
that the Federal Bureau of Investigation has implemented 
a process for the internal audit of all queries referred 
to in paragraph (1). 
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
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. 
(d) RESTRICTIONS RELATING TO CONDUCT OF CERTAIN QUERIES 
BY FEDERAL BUREAU OF INVESTIGATION.—Paragraph (3) of section 
702(f), as added by subsection (a)(2) of this section, is amended 
by adding after subparagraph (C), as added by subsection (f) of 
this section, the following: 
‘‘(D) QUERYING PROCEDURES APPLICABLE TO FEDERAL 
BUREAU OF INVESTIGATION.—For any procedures adopted 
under paragraph (1) applicable to the Federal Bureau of 
Investigation, the Attorney General, in consultation with 
the Director of National Intelligence, shall include the fol-
lowing requirements: 
‘‘(i) TRAINING.—A requirement that, prior to con-
ducting any query, personnel of the Federal Bureau
H. R. 7888—3 
of Investigation successfully complete training on the 
querying procedures on an annual basis. 
‘‘(ii) ADDITIONAL PRIOR APPROVALS FOR SENSITIVE 
QUERIES.—A requirement that, absent exigent cir-
cumstances, prior to conducting certain queries, per-
sonnel of the Federal Bureau of Investigation receive 
approval, at minimum, as follows: 
‘‘(I) Approval from the Deputy Director of the 
Federal Bureau of Investigation if the query uses 
a query term reasonably believed to identify a 
United States elected official, an appointee 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. 
‘‘(II) Approval from an attorney 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. 
‘‘(III) Approval from an attorney of the Federal 
Bureau of Investigation if such conduct involves 
batch job technology (or successor tool). 
‘‘(iii) PRIOR
WRITTEN
JUSTIFICATION.—A require-
ment that, prior to conducting a query using a United 
States person 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). For 
each United States person query, the Federal Bureau 
of Investigation shall keep a record of the query term, 
the date of the conduct of the query, the identifier 
of the personnel conducting the query, and such written 
statement. 
‘‘(iv) STORAGE OF CERTAIN CONTENTS AND NONCON-
TENTS.—Any system of the Federal Bureau of Inves-
tigation that stores unminimized contents or noncon-
tents obtained through acquisitions authorized under 
subsection (a) together with contents or noncontents 
obtained through other lawful means shall be config-
ured in a manner that— 
‘‘(I) requires personnel of the Federal Bureau 
of Investigation to affirmatively elect to include 
such 
unminimized 
contents 
or 
noncontents 
obtained through acquisitions authorized under 
subsection (a) when running a query; or 
‘‘(II) 
includes 
other 
controls 
reasonably 
expected to prevent inadvertent queries of such 
unminimized contents or noncontents. 
‘‘(v) WAIVER AUTHORITY FOR FOREIGN INTELLIGENCE 
SURVEILLANCE
COURT.—If the Foreign Intelligence 
Surveillance Court finds that the procedures adopted 
under paragraph (1) include measures that are reason-
ably expected to result in similar compliance outcomes
H. R. 7888—4 
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.’’. 
(e) NOTIFICATION FOR CERTAIN QUERIES CONDUCTED BY FED-
ERAL BUREAU OF INVESTIGATION.—Paragraph (3) of section 702(f), 
as added by subsection (a) of this section, is amended by adding 
at the end the following: 
‘‘(B) NOTIFICATION REQUIREMENT FOR CERTAIN FBI QUE-
RIES.— 
‘‘(i) REQUIREMENT.—The Director of the Federal 
Bureau of Investigation shall promptly notify appro-
priate 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 subparagraph, the term ‘appropriate 
congressional leadership’ means the following: 
‘‘(I) The chairs and ranking minority members 
of the congressional intelligence committees. 
‘‘(II) The Speaker and minority leader of the 
House of Representatives. 
‘‘(III) The majority and minority leaders of 
the Senate. 
‘‘(iii) NATIONAL
SECURITY
CONSIDERATIONS.—In 
submitting a notification under clause (i), the Director 
shall give due regard to the protection of classified 
information, sources and methods, and national secu-
rity. 
‘‘(iv) WAIVER.— 
‘‘(I) IN GENERAL.—The Director may waive a 
notification required under clause (i) if the Director 
determines such notification would impede an 
ongoing national security or law enforcement 
investigation. 
‘‘(II) TERMINATION.—A waiver under subclause 
(I) shall terminate on the date the Director deter-
mines 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.’’. 
(f) REQUIREMENT FOR CONGRESSIONAL CONSENT PRIOR TO CER-
TAIN FEDERAL BUREAU OF INVESTIGATION QUERIES FOR PURPOSE 
OF DEFENSIVE BRIEFINGS.—Paragraph (3) of section 702(f), as added 
by subsection (a) of this section, is amended by adding after 
subparagraph (B), as added by subsection (e) of this section, the 
following: 
‘‘(C) CONSENT REQUIRED FOR FBI TO CONDUCT CERTAIN 
QUERIES FOR PURPOSE OF DEFENSIVE BRIEFING.— 
‘‘(i) CONSENT REQUIRED.—The Federal 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
H. R. 7888—5 
is the name or restricted personal information (as such 
term 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 determines that exigent 
circumstances exist sufficient to justify the conduct 
of such query. 
‘‘(ii) NOTIFICATION.— 
‘‘(I) NOTIFICATION OF CONSENT SOUGHT.—Not 
later than three business days after submitting 
a request for consent from a member of Congress 
under clause (i), the Director of the Federal Bureau 
of Investigation shall notify the appropriate 
congressional leadership, regardless of whether the 
member provided such consent. 
‘‘(II) NOTIFICATION OF EXCEPTION 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 exigent circumstances 
determined under subclause (II) of such clause, 
the Director of the Federal Bureau of Investigation 
shall notify the appropriate congressional leader-
ship. 
‘‘(iii) RULE
OF
CONSTRUCTION.—Nothing in this 
subparagraph may be construed as— 
‘‘(I) applying to matters outside of the scope 
of the briefing on the defense against a counter-
intelligence threat to be provided or supplemented 
under clause (i); or 
‘‘(II) limiting the lawful investigative activities 
of the Federal Bureau of Investigation other than 
supplementing the contents of a briefing on the 
defense against a counterintelligence threat to a 
member of Congress. 
‘‘(iv) APPROPRIATE
CONGRESSIONAL
LEADERSHIP 
DEFINED.—In this subparagraph, the term ‘appropriate 
congressional leadership’ means the following: 
‘‘(I) The chairs and ranking minority members 
of the congressional intelligence committees. 
‘‘(II) The Speaker and minority leader of the 
House of Representatives. 
‘‘(III) The majority and minority leaders of 
the Senate.’’. 
SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SEC-
TION 702. 
(a) REVOKING FEDERAL BUREAU OF INVESTIGATION AUTHORITY 
TO CONDUCT QUERIES UNRELATED TO NATIONAL SECURITY.—Sub-
section (f)(2) of section 702 is amended to read as follows: 
‘‘(2) PROHIBITION ON CONDUCT OF QUERIES THAT ARE SOLELY 
DESIGNED TO FIND AND EXTRACT EVIDENCE OF A CRIME.— 
‘‘(A) LIMITS ON AUTHORIZATIONS OF UNITED STATES PER-
SON QUERIES.—The querying procedures adopted pursuant 
to paragraph (1) for the Federal Bureau of Investigation
H. R. 7888—6 
shall prohibit queries of information acquired under sub-
section (a) that are solely designed 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 miti-
gating 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 connection with 
a litigation matter or to fulfill discovery obligations 
in criminal matters under the laws of the United States 
or any State thereof.’’. 
(b) RESTRICTION ON CERTAIN INFORMATION AVAILABLE TO FED-
ERAL BUREAU
OF INVESTIGATION.—Section 702 is amended by 
adding at the end the following new subsection: 
‘‘(n) RESTRICTION ON CERTAIN INFORMATION AVAILABLE TO FED-
ERAL BUREAU OF INVESTIGATION.— 
‘‘(1) RESTRICTION.—The Federal Bureau of Investigation 
may not ingest unminimized information acquired under this 
section into its analytic repositories 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 CIRCUMSTANCES.—Paragraph 
(1) does not apply if the Director of the Federal Bureau of 
Investigation decides it is necessary due to exigent cir-
cumstances and provides 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.— 
Paragraph (1) 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. 4. TARGETING DECISIONS UNDER SECTION 702. 
(a) SENSE
OF CONGRESS
ON
THE TARGETED COLLECTION
OF 
UNITED STATES PERSON INFORMATION.—It is the sense of Congress 
that, as proscribed in section 702(b)(2), section 702 of the Foreign 
Intelligence Surveillance Act of 1978 has always prohibited, and 
continues to prohibit, the intelligence community from targeting 
a United States person for collection of foreign intelligence informa-
tion. If the intelligence community intends to target a United States 
person for collection of foreign intelligence information under the 
Foreign Intelligence Surveillance Act of 1978, the Government must 
first obtain an individualized court order based upon a finding 
of probable cause that the United States person is a foreign power, 
an agent of a foreign power, or an officer or employee of a foreign 
power, in order to conduct surveillance targeting that United States 
person. 
(b) ANNUAL AUDIT OF TARGETING DECISIONS UNDER SECTION 
702.— 
(1) 
MANDATORY
REVIEW.—Not 
less 
frequently 
than 
annually, the Department of Justice National Security Division 
shall review each person targeted under section 702 of the 
Foreign Intelligence Surveillance Act of 1978 in the preceding
H. R. 7888—7 
year to ensure that the purpose of each targeting decision 
is not to target a known United States person. The results 
of this review shall be submitted to the Department of Justice 
Office of the Inspector General, the congressional intelligence 
committees, and the Committees on the Judiciary of the House 
of Representatives and of the Senate, subject to a declassifica-
tion review. 
(2) INSPECTOR GENERAL AUDIT.—Not less frequently than 
annually, the Department of Justice Office of the Inspector 
General shall audit a sampling of the targeting decisions 
reviewed by the National Security Division under paragraph 
(1) and submit a report to the congressional intelligence 
committees and the Committees on the Judiciary of the House 
of Representatives and of the Senate. 
(3) CERTIFICATION.—Within 180 days of enactment of this 
Act, and annually thereafter, each agency authorized to target 
non-United States persons under section 702 shall certify to 
Congress that the purpose of each targeting decision made 
in the prior year was not to target a known United States 
person. 
(4) APPLICATION.—The requirements under this subsection 
apply for any year to the extent that section 702 of the Foreign 
Intelligence Surveillance Act of 1978 was in effect during any 
portion of the previous year. 
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM. 
(a) REQUIREMENT
FOR
SAME
JUDGE
TO
HEAR
EXTENSION 
APPLICATIONS.—Subsection (d) of section 105 is amended by adding 
at the end the following new paragraph: 
‘‘(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 unless the term of such judge has expired or such judge 
is otherwise no longer serving on the court.’’. 
(b) USE OF AMICI CURIAE IN FOREIGN INTELLIGENCE SURVEIL-
LANCE
COURT
PROCEEDINGS.—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 individual who has’’ 
and inserting ‘‘appoint one or more individuals 
who have’’; and 
(II) by striking ‘‘; and’’ and inserting a semi-
colon; 
(ii) in clause (ii), as so redesignated— 
(I) by striking ‘‘appoint an individual or 
organization’’ and inserting ‘‘appoint one or more 
individuals or organizations’’; and
H. R. 7888—8 
(II) by striking the period at the end and 
inserting ‘‘; and’’; and 
(iii) by adding at the end the following new clause: 
‘‘(iii) shall appoint one or more individuals who 
have been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the consider-
ation of any certification or procedures submitted for 
review pursuant to section 702, including any amend-
ments 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 appointment is not appro-
priate or is likely to result in undue delay.’’; and 
(D) by adding at the end the following new subpara-
graphs: 
‘‘(B) EXPERTISE.—In appointing one or more individuals 
under subparagraph (A)(iii), the court shall, to the max-
imum extent practicable, appoint an individual who pos-
sesses expertise in both privacy and civil liberties and 
intelligence collection. 
‘‘(C) TIMING.—In the event that the court appoints 
one or more individuals or organizations pursuant to this 
paragraph to assist such court in a proceeding under sec-
tion 702, notwithstanding subsection (j)(1)(B) of such sec-
tion, the court shall issue an order pursuant to subsection 
(j)(3) of such section as expeditiously as possible consistent 
with subsection (k)(1) of such section, but in no event 
later than 60 days after the date on which such certifi-
cation, procedures, or amendments are submitted for the 
court’s review, or later than 60 days after the court has 
issued an order appointing one or more individuals pursu-
ant to this paragraph, whichever is earlier, unless a judge 
of that court issues an order finding that extraordinary 
circumstances necessitate additional time for review and 
that such extension of time is consistent with the national 
security.’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘paragraph (2)(A)’’ and inserting ‘‘para-
graph (2)’’; 
(B) by striking ‘‘provide to the court, as appropriate’’; 
(C) by redesignating subparagraphs (A) through (C) 
as clauses (i) through (iii), respectively; 
(D) by inserting before clause (i) the following new 
subparagraphs: 
‘‘(A) be limited to addressing the specific issues identi-
fied by the court; and 
‘‘(B) provide to the court, as appropriate—’’; and 
(E) in subparagraph (B)(i), as redesignated, by 
inserting ‘‘of United States persons’’ after ‘‘civil liberties’’. 
(c) DESIGNATION OF COUNSEL TO SCRUTINIZE APPLICATIONS FOR 
UNITED STATES PERSONS.—Section 103 is amended by adding at 
the end the following new subsection: 
‘‘(l) DESIGNATION OF COUNSEL FOR CERTAIN APPLICATIONS.— 
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 designated under subsection (a) shall 
designate one or more attorneys to review such applications, and
H. R. 7888—9 
provide a written analysis to the judge considering the application, 
of— 
‘‘(1) the sufficiency of the evidence used to make the prob-
able cause determination under section 105(a)(2); 
‘‘(2) any material weaknesses, flaws, or other concerns in 
the application; and 
‘‘(3) a recommendation as to the following, which the judge 
shall consider during a proceeding on the application in which 
such attorney is present, as appropriate— 
‘‘(A) that the application should be approved, 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.’’. 
(d) MEMBER ACCESS TO THE FOREIGN INTELLIGENCE SURVEIL-
LANCE COURT AND FOREIGN INTELLIGENCE SURVEILLANCE COURT 
OF REVIEW.—The chair and ranking minority member of each of 
the congressional intelligence committees, the chairs and ranking 
members of the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate, the Majority and Minority Leaders 
of the Senate, the Speaker of the House of Representatives, and 
the Minority Leader of the House of Representatives shall be enti-
tled to attend any proceeding of the Foreign Intelligence Surveil-
lance Court or any proceeding of the Foreign Intelligence Surveil-
lance Court of Review. Each person entitled to attend a proceeding 
pursuant to this paragraph may designate not more than 2 staff 
members of such committee or office to attend on their behalf, 
pursuant to such procedures as the Attorney General, in consulta-
tion with the Director of National Intelligence may establish. 
SEC. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT. 
(a) REQUIREMENT FOR SWORN STATEMENTS FOR FACTUAL ASSER-
TIONS.— 
(1) TITLE I.—Subsection (a)(3) of section 104 is amended 
by striking ‘‘a statement of’’ and inserting ‘‘a sworn statement 
of’’. 
(2) TITLE III.—Subsection (a)(3) of section 303 is amended 
by striking ‘‘a statement of’’ and inserting ‘‘a sworn statement 
of’’. 
(3) SECTION
703.—Subsection (b)(1)(C) of section 703 is 
amended by striking ‘‘a statement of’’ and inserting ‘‘a sworn 
statement of’’. 
(4) SECTION
704.—Subsection (b)(3) of section 704 is 
amended by striking ‘‘a statement of’’ and inserting ‘‘a sworn 
statement of’’. 
(5) 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. 
(b) PROHIBITION ON USE OF POLITICALLY DERIVED INFORMATION 
IN APPLICATIONS
FOR CERTAIN ORDERS
BY
THE FOREIGN INTEL-
LIGENCE SURVEILLANCE COURT.— 
(1) TITLE I.—Subsection (a)(6) of section 104 is amended—
H. R. 7888—10 
(A) in subparagraph (D), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (E)(ii), by striking the semicolon 
and inserting ‘‘; and’’; and 
(C) by adding after subparagraph (E) the following 
new subparagraph: 
‘‘(F) that none of the information included in the state-
ment described in paragraph (3) was solely produced by, 
derived from information produced by, or obtained using 
the funds of, a political organization (as such term is 
defined in section 527 of the Internal Revenue Code of 
1986), unless— 
‘‘(i) the political organization is clearly identified 
in the body of the statement described in paragraph 
(3); 
‘‘(ii) the information has been corroborated; and 
‘‘(iii) the investigative techniques used to corrobo-
rate the information are clearly identified in the body 
of the statement described in paragraph (3); and’’. 
(2) TITLE III.—Subsection (a)(6) of section 303 is amended— 
(A) in subparagraph (D), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (E), by striking the semicolon 
and inserting ‘‘; and’’; and 
(C) by inserting after subparagraph (E) the following 
new subparagraph: 
‘‘(F) that none of the information included in the state-
ment described in paragraph (3) was solely produced by, 
derived from information produced by, or obtained using 
the funds of, a political organization (as such term is 
defined in section 527 of the Internal Revenue Code of 
1986), unless— 
‘‘(i) the political organization is clearly identified 
in the body of the statement described in paragraph 
(3); 
‘‘(ii) the information has been corroborated; and 
‘‘(iii) the investigative techniques used to corrobo-
rate the information are clearly identified in the body 
of the statement described in paragraph (3); and’’. 
(3) 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. 
(c) PROHIBITION ON USE OF PRESS REPORTS IN APPLICATIONS 
FOR CERTAIN ORDERS BY THE FOREIGN INTELLIGENCE SURVEILLANCE 
COURT.— 
(1) 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: 
‘‘(G) that none of the information included in the state-
ment described in paragraph (3) is attributable to or 
derived from the content of a media source unless the 
statement includes a clear identification of each author 
of that content, and where applicable, the publisher of 
that content, information to corroborate that which was 
derived from the media source, and an explanation of the
H. R. 7888—11 
investigative techniques used to corroborate the informa-
tion;’’. 
(2) TITLE III.—Subsection (a)(6) of section 303, as amended 
by this Act, is further amended by adding at the end the 
following new subparagraph: 
‘‘(G) that none of the information included in the state-
ment described in paragraph (3) is attributable to or 
derived from the content of a media source unless the 
statement includes a clear identification of each author 
of that content, where applicable, the publisher of that 
content, information to corroborate that which was derived 
from the media source, and an explanation of the investiga-
tive techniques used to corroborate the information;’’. 
(3) 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. 
(d) DESCRIPTION
OF
TECHNIQUES
CARRIED
OUT
BEFORE 
APPLICATION.— 
(1) TITLE I.—Subsection (a) of section 104, as amended 
by this Act, is further amended— 
(A) in paragraph (8), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (9), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) 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 investigative techniques 
carried out before making the application;’’. 
(2) 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. 
(e) REQUIREMENT FOR CERTAIN JUSTIFICATION PRIOR TO EXTEN-
SION OF ORDERS.— 
(1) 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 para-
graph: 
‘‘(11) in the case of an application for an extension of 
an order under this title for a surveillance targeted against 
a United States person, a summary statement of the foreign 
intelligence information obtained pursuant to the original order 
(and any preceding extension thereof) as of the date of the 
application for the extension, or a reasonable explanation of 
the failure to obtain such information; and’’. 
(2) APPLICATIONS FOR EXTENSION OF ORDERS UNDER TITLE 
III.—Subsection (a) of section 303, as amended by this Act, 
is further amended— 
(A) in paragraph (7), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (8), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraph: 
‘‘(9) in the case of an application for an extension of an 
order under this title in which the target of the physical search 
is a United States person, a summary statement of the foreign
H. R. 7888—12 
intelligence information obtained pursuant to the original order 
(and any preceding extension thereof) as of the date of the 
application for the extension, or a reasonable explanation of 
the failure to obtain such information; and’’. 
(3) 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. 
(f) REQUIREMENT FOR JUSTIFICATION OF UNDERLYING CRIMINAL 
OFFENSE IN CERTAIN APPLICATIONS.— 
(1) 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 violation of the criminal statutes 
of the United States as referred to in section 101(b)(2)(B) has 
occurred or is about to occur’’. 
(2) 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 is about to occur’’. 
(3) 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. 
(g) MODIFICATION TO DURATION OF APPROVED PERIOD UNDER 
CERTAIN ORDERS FOR NON-UNITED STATES PERSONS.— 
(1) TITLE I.—Subsection (d) of section 105 is amended— 
(A) in paragraph (1)— 
(i) 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 
(ii) in subparagraph (B), by striking ‘‘120 days’’ 
and inserting ‘‘one year’’; and 
(B) by striking paragraph (2); and 
(C) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively. 
(2) TITLE III.—Subsection (d) of section 304 is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘against a 
foreign power, as defined in paragraph (1), (2), or (3) 
of section 101(a),’’ and inserting ‘‘against a foreign 
power’’; and 
(ii) in subparagraph (B), by striking ‘‘120 days’’ 
and inserting ‘‘one year’’; and 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as paragraph (2). 
SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN 
DOCUMENTS. 
Subsection (a) of section 602 is amended by inserting after 
‘‘shall conduct a declassification review’’ the following: ‘‘, to be 
concluded as soon as practicable, but not later than 180 days 
after the commencement of such review,’’.
H. R. 7888—13 
SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS. 
(a) REQUIREMENT
FOR TRANSCRIPTS
OF PROCEEDINGS.—Sub-
section (c) of section 103 is amended— 
(1) by inserting ‘‘, and hearings shall be transcribed’’ before 
the first period; 
(2) by inserting ‘‘, transcriptions of hearings,’’ after ‘‘applica-
tions made’’; and 
(3) by adding at the end the following new sentence: ‘‘Tran-
scriptions and any related records, including testimony and 
affidavits, shall be stored in a file associated with the relevant 
application or order.’’. 
(b) 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 
a semicolon; and 
(3) by adding at the end the following new paragraphs: 
‘‘(3) for any hearing, oral argument, or other proceeding 
before the Foreign Intelligence Surveillance Court or Foreign 
Intelligence Surveillance Court of Review for which a court 
reporter produces a transcript, not later than 45 days after 
the government receives the final transcript or the date on 
which the matter of the hearing, oral argument, or other pro-
ceeding is resolved, whichever is later, a notice 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; and 
‘‘(4) a copy of each declassified document that has under-
gone review under section 602.’’. 
SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL. 
(a) INSPECTOR GENERAL REPORT ON FEDERAL BUREAU OF INVES-
TIGATION QUERYING PRACTICES.— 
(1) REPORT.—Not later than 545 days after the date of 
enactment of this Act, the Inspector General of the Department 
of Justice shall submit to the appropriate congressional commit-
tees a report on the querying practices of the Federal Bureau 
of Investigation under section 702. 
(2) MATTERS INCLUDED.—The report under paragraph (1) 
shall include, at a minimum, the following: 
(A) An evaluation of compliance by personnel of the 
Federal Bureau of Investigation with the querying proce-
dures adopted under section 702(f), with a particular focus 
on compliance by such personnel with the procedures gov-
erning queries using United States person query terms. 
(B) An analysis of each specific reform that, in the 
view of the Inspector General, is responsible for any identi-
fied improvement in the Federal Bureau of Investigation’s 
record of compliance with the querying procedures, 
including an identification of whether such reform was— 
(i) required by this Act or another Act of Congress; 
(ii) required by the Foreign Intelligence Surveil-
lance Court or the Attorney General; or 
(iii) voluntarily adopted by the Director of the Fed-
eral Bureau of Investigation.
H. R. 7888—14 
(C) An assessment of the status of the implementation 
by the Federal Bureau of Investigation of all reforms 
related to querying that are required by this Act. 
(D) An evaluation of the effectiveness of the Office 
of Internal Auditing of the Federal Bureau of Investigation 
with respect to monitoring and improving query compliance 
by personnel of the Federal Bureau of Investigation. 
(E) Recommendations to further improve compliance 
with querying procedures by personnel of the Federal 
Bureau of Investigation, particularly with respect to compli-
ance with the procedures governing queries using United 
States person query terms. 
(F) Any other relevant matter the Inspector General 
determines appropriate. 
(3) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form and may include a classified annex. 
(4) DEFINITIONS.—In this subsection: 
(A) IN GENERAL.—Except as provided in this subsection, 
terms used in this subsection have the meanings given 
such terms in the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.). 
(B) 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 
(50 U.S.C. 1881); and 
(ii) the Committees on the Judiciary of the House 
of Representatives and the Senate. 
SEC. 10. ACCURACY AND COMPLETENESS OF APPLICATIONS. 
(a) REQUIREMENT FOR CERTIFICATIONS REGARDING ACCURACY 
OF APPLICATIONS.— 
(1) TITLE I.—Subsection (a) of section 104, as amended 
by this Act, is further amended by adding at the end the 
following new paragraph: 
‘‘(12) a certification by the applicant or declarant that, 
to the best knowledge of the applicant or declarant, the 
Attorney General or a designated attorney 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 assessment in the application 
conducted by the department or agency on whose behalf 
the application is made; or 
‘‘(B) otherwise raise doubts with respect to the findings 
required under section 105(a).’’. 
(2) TITLE III.—Subsection (a) of section 303 is amended 
by adding at the end the following: 
‘‘(10) a certification by the applicant that, to the best knowl-
edge of the applicant, the Attorney General or a designated 
attorney for the Government has been apprised of all informa-
tion that might reasonably— 
‘‘(A) call into question the accuracy of the application 
or the reasonableness of any assessment in the application 
conducted by the department or agency on whose behalf 
the application is made; or
H. R. 7888—15 
‘‘(B) otherwise raise doubts with respect to the findings 
required under section 304(a).’’. 
(3) TITLE IV.—Subsection (c) of section 402 is amended— 
(A) in paragraph (2), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(4) a certification by the Federal Officer seeking to use 
the pen register or trap and trace device covered by the applica-
tion that, to the best knowledge of the Federal Officer, the 
Attorney General or a designated attorney 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 assessment in the application 
conducted by the department or agency on whose behalf 
the application is made; or 
‘‘(B) otherwise raise doubts with respect to the findings 
required under subsection (d).’’. 
(4) TITLE V.—Subsection (b)(2) of section 502 is amended— 
(A) in subparagraph (A), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (B), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(E) a statement by the applicant that, to the best 
knowledge of the applicant, the application fairly reflects 
all information that might reasonably— 
‘‘(i) call into question the accuracy of the applica-
tion or the reasonableness of any assessment in the 
application conducted by the department or agency 
on whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with respect to the 
findings required under subsection (c).’’. 
(5) TITLE VII.— 
(A) SECTION 703.—Subsection (b)(1) of section 703 is 
amended— 
(i) in subparagraph (I), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in subparagraph (J), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(K) a certification by the applicant that, to the best 
knowledge of the applicant, the Attorney General or a 
designated attorney for the Government has been apprised 
of all information that might reasonably— 
‘‘(i) call into question the accuracy of the applica-
tion or the reasonableness of any assessment in the 
application conducted by the department or agency 
on whose behalf the application is made; or 
‘‘(ii) otherwise raise doubts with respect to the 
findings required under subsection (c).’’. 
(B) SECTION
704.—Subsection (b) of section 704 is 
amended—
H. R. 7888—16 
(i) in paragraph (6), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(8) a certification by the applicant that, to the best knowl-
edge of the applicant, the Attorney General or a designated 
attorney for the Government has been apprised of all informa-
tion that might reasonably— 
‘‘(A) call into question the accuracy of the application 
or the reasonableness of any assessment in the application 
conducted by the department or agency on whose behalf 
the application is made; or 
‘‘(B) otherwise raise doubts with respect to the findings 
required under subsection (c).’’. 
(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. 
(7) ACCURACY PROCEDURES.—Not later than 180 days after 
the date of the enactment of this Act, the Attorney General, 
in consultation with the Director of the Federal Bureau of 
Investigation, shall issue procedures governing 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 Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) that target United States persons are accurate 
and complete. 
(b) DISCLOSURE OF EXCULPATORY INFORMATION.— 
(1) TITLE I.—Subsection (a) of section 104, as amended 
by this Act, is further amended by adding at the end the 
following new paragraph: 
‘‘(13) non-cumulative information known to the applicant 
or declarant that is potentially exculpatory regarding the 
requested legal findings or any assessment in the application.’’. 
(2) TITLE III.—Subsection (a) of section 303, as amended 
by this Act, is further amended by adding at the end the 
following: 
‘‘(11) non-cumulative information known to the applicant 
or declarant that is potentially exculpatory regarding the 
requested legal findings or any assessment in the application.’’. 
(3) TITLE IV.—Subsection (c) of section 402, as amended 
by this Act, is further amended— 
(A) in paragraph (3), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(5) non-cumulative information known to the Federal 
officer seeking to use the pen register or trap and trace device 
covered by the application, that is potentially exculpatory 
regarding the requested legal findings or any assessment in 
the application.’’. 
(4) TITLE V.—Subsection (b)(2) of section 502, as amended 
by this Act, is further amended—