(3) by adding at the end the following new 
paragraph: 
‘‘(9) a certification by the applicant that, to the 
best knowledge of the applicant, the attorney for the 
Government and the Department of Justice 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 
‘‘(B) otherwise raise doubts with respect to 
the findings required under section 304(a).’’. 
(c) TITLE IV.—Subsection (c) of section 402 (50 
U.S.C. 1842) 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 that, to the 
best knowledge of the applicant, the attorney for the 
Government and the Department of Justice 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 
‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (d).’’. 
(d) TITLE V.—Subsection (b)(2) of section 501 (50 
U.S.C. 1861), as amended by section 101, is further 
amended— 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) 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 (50 U.S.C. 1881b) is amended— 
(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 for the Government and the Department 
of Justice has been apprised of 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).’’.
(2) SECTION
704.—Subsection (b) of section 
704 (50 U.S.C. 1881c) 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 
(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 for the 
Government and the Department of Justice 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 
‘‘(B) otherwise raise doubts with respect to 
the findings required under subsection (c).’’. 
(f) REVIEW
OF CASE FILES
TO ENSURE ACCU-
RACY.—Not later than 180 days after the date of the en-
actment of this Act, the Attorney General, in consultation 
with the Director of the Federal Bureau of Investigation, 
shall promulgate rules 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 accu-
rate and complete. 
SEC. 202. DESCRIPTION OF TECHNIQUES CARRIED OUT BE-
FORE TARGETING UNITED STATES PERSON. 
(a) 
TITLE
I.—Section 
104(a)(6) 
(50 
U.S.C. 
1804(a)(6)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) with respect to a target who is a 
United States person, including a statement de-
scribing the investigative techniques carried out 
before making the application; and’’. 
(b) TITLE
III.—Section 303(a)(6) (50 U.S.C. 
1823(a)(6)) is amended— 
(1) in subparagraph (D), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F) with respect to a target who is a 
United States person, includes a statement de-
scribing the investigative techniques carried out 
before making the application; and’’. 
SEC. 203. INVESTIGATIONS RELATING TO FEDERAL CAN-
DIDATES AND ELECTED FEDERAL OFFICIALS. 
(a) 
TITLE
I.—Section 
104(a)(6) 
(50 
U.S.C. 
1804(a)(6)), as amended by section 202, is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(G) if the target of the electronic surveil-
lance is an elected Federal official or a can-
didate in a Federal election, that the Attorney 
General has approved in writing of the inves-
tigation;’’. 
(b) TITLE
III.—Section 303(a)(6) (50 U.S.C. 
1823(a)(6)), as amended by section 202, is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(G) if the target of the physical search is 
an elected Federal official or a candidate in a 
Federal election, that the Attorney General has 
approved in writing of the investigation;’’. 
SEC. 204. REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE FOREIGN 
INTELLIGENCE SURVEILLANCE COURT. 
Section 103 (50 U.S.C. 1803) is amended by adding 
at the end the following new subsection:
‘‘(l) REMOVAL OR SUSPENSION OF FEDERAL OFFI-
CERS FOR MISCONDUCT BEFORE COURTS.—An employee, 
officer, or contractor of the United States Government 
who engages in deliberate misconduct with respect to pro-
ceedings before the Foreign Intelligence Surveillance 
Court or the Foreign Intelligence Surveillance Court of 
Review shall be subject to appropriate adverse actions, in-
cluding, as appropriate, suspension without pay or re-
moval.’’. 
SEC. 205. PENALTIES FOR OFFENSES RELATED TO FISA. 
(a) FALSE
DECLARATIONS
BEFORE
FISC AND 
FISCR.—Section 1623(a) 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 For-
eign Intelligence Surveillance Court or the Foreign Intel-
ligence 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 eight years’’. 
(b) INCREASED
PENALTY
FOR
UNAUTHORIZED 
USE.—Section 109(c) (50 U.S.C. 1809(c)) is amended by 
striking ‘‘five years’’ and inserting ‘‘eight years’’. 
(c) UNAUTHORIZED
DISCLOSURE
OF
APPLICA-
TIONS.— 
(1) IN
GENERAL.—Subsection (a) of section 
109 (50 U.S.C. 1809) 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 inserting ‘‘intentionally’’ before 
‘‘disclose or uses’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(3) is an employee, officer, or contractor of the 
United States Government and intentionally dis-
closes an application, or classified information con-
tained therein, for an order under any title of this 
Act to any person not entitled to receive classified 
information.’’. 
(2) CONFORMING AMENDMENT.—Subsection (b) 
of such section is amended by striking ‘‘under sub-
section (a)’’ and inserting ‘‘under paragraph (1) or 
(2) of subsection (a)’’.
SEC. 206. 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: ‘‘, 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),’’. 
SEC. 207. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to applications made under section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861) on or after such date. 
TITLE 
III—FOREIGN 
INTEL-
LIGENCE 
SURVEILLANCE 
COURT 
SEC. 301. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 
ORDERS, AND OPINIONS. 
(a) TIMING OF DECLASSIFICATION.—Subsection (a) 
of section 602 (50 U.S.C. 1872) is amended by adding 
at the end the following new sentence: ‘‘The Director shall 
complete the declassification review and public release of 
each such decision, order, or opinion by not later than 180 
days after the date on which the Foreign Intelligence Sur-
veillance Court or the Foreign Intelligence Surveillance 
Court of Review issues such decision, order, or opinion.’’.
(b) MATTERS COVERED.—Such subsection is further 
amended— 
(1) by striking ‘‘Subject to subsection (b)’’ and 
inserting ‘‘(1) Subject to subsection (b)’’; 
(2) by striking ‘‘includes a significant’’ and all 
that follows through ‘‘, and,’’ and inserting ‘‘is de-
scribed in paragraph (2) and,’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) The decisions, orders, or opinions issued by the 
Foreign Intelligence Surveillance Court or the Foreign In-
telligence Surveillance Court of Review described in this 
paragraph are such decisions, orders, or opinions that— 
‘‘(A) include a significant construction or inter-
pretation of any provision of law, including any 
novel or significant construction or interpretation 
of— 
‘‘(i) the term ‘specific selection term’; or 
‘‘(ii) section 501(a)(5); or 
‘‘(B) result from a proceeding in which an ami-
cus curiae has been appointed pursuant to section 
103(i).’’. 
(c) APPLICATION OF REQUIREMENT.—Section 602 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1872) shall apply with respect to each decision,
order, or opinion issued by the Foreign Intelligence Sur-
veillance Court or the Foreign Intelligence Surveillance 
Court of Review before, on, or after the date of the enact-
ment of such section. With respect to such decisions, or-
ders, or opinions issued before or on such date, the Direc-
tor of National Intelligence shall complete the declassifica-
tion review and public release of each such decision, order, 
or opinion pursuant to such section by not later than one 
year after the date of the enactment of this Act. 
SEC. 302. APPOINTMENT OF AMICI CURIAE AND ACCESS TO 
INFORMATION. 
(a) EXPANSION
OF APPOINTMENT AUTHORITY.— 
Subparagraph (A) of section 103(i)(2) (50 U.S.C. 
1803(i)(2)) is amended to read as follows: 
‘‘(A) shall appoint an individual who has 
been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the 
consideration of any application for an order or 
review that, in the opinion of the court— 
‘‘(i) presents a novel or significant in-
terpretation of the law, unless the court 
issues a finding that such appointment is 
not appropriate; or 
‘‘(ii) presents exceptional concerns 
about the protection of the rights of a
United States person under the first 
amendment to the Constitution, unless the 
court issues a finding that such appoint-
ment is not appropriate; and’’. 
(b) AUTHORITY TO SEEK REVIEW.—Subsection (i) 
of section 103 (50 U.S.C. 1803) is amended— 
(1) by redesignating paragraphs (7) through 
(11) as paragraphs (8) through (12), respectively; 
and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) AUTHORITY TO SEEK REVIEW OF DECI-
SIONS.— 
‘‘(A) FISA COURT DECISIONS.—Following 
issuance of an order under this Act by the For-
eign Intelligence Surveillance Court, an amicus 
curiae appointed under paragraph (2) may peti-
tion the court to certify for review to the For-
eign Intelligence Surveillance Court of Review a 
question of law pursuant to subsection (j). If 
the court denies such petition, the court shall 
provide for the record a written statement of 
the reasons for such denial. Upon certification 
of any question of law pursuant to this sub-
paragraph, the Court of Review shall appoint
the amicus curiae to assist the Court of Review 
in its consideration of the certified question, un-
less the Court of Review issues a finding that 
such appointment is not appropriate. 
‘‘(B) FISA 
COURT
OF
REVIEW
DECI-
SIONS.—An amicus curiae appointed under 
paragraph (2) may petition the Foreign Intel-
ligence Surveillance Court of Review to certify 
for review to the Supreme Court of the United 
States any question of law pursuant to section 
1254(2) of title 28, United States Code.’’. 
(c) ACCESS TO INFORMATION.— 
(1) APPLICATION AND MATERIALS.—Subpara-
graph 
(A) 
of 
section 
103(i)(6) 
(50 
U.S.C. 
1803(i)(6)) is amended by striking clause (ii) and 
inserting the following new clause: 
‘‘(ii) may make a submission to the 
court requesting access to any particular 
materials or information (or category of 
materials or information) that the amicus 
curiae believes to be relevant to the duties 
of the amicus curiae.’’. 
(2) CONSULTATION
AMONG
AMICI
CURIAE.— 
Such section is further amended—
(A) by redesignating subparagraphs (B), 
(C), and (D) as subparagraphs (C), (D), and 
(E), respectively; and 
(B) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) CONSULTATION.—If the Foreign In-
telligence Surveillance Court or the Foreign In-
telligence Surveillance Court of Review deter-
mines that it is relevant to the duties of an 
amicus curiae appointed by the court under 
paragraph (2), the amicus curiae may consult 
with one or more of the other individuals des-
ignated by the court to serve as amicus curiae 
pursuant to paragraph (1) regarding any of the 
information relevant to any assigned pro-
ceeding.’’. 
(d) TERM LIMITS.— 
(1) REQUIREMENT.—Paragraph (1) of section 
103(i) (50 U.S.C. 1803(i)) is amended by adding at 
the end the following new sentence: ‘‘An individual 
may serve as an amicus curiae for a 5-year term, 
and the presiding judges may, for good cause, jointly 
reappoint the individual to a single additional 
term.’’.
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply with respect to the service 
of an amicus curiae appointed under section 103(i) 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)) that occurs on or after the date 
of the enactment of this Act, regardless of the date 
on which the amicus curiae is appointed. 
SEC. 303. EFFECTIVE AND INDEPENDENT ADVICE FOR FOR-
EIGN INTELLIGENCE SURVEILLANCE COURT. 
Section 103 (50 U.S.C. 1803), as amended by section 
204, is further amended by adding at the end the following 
new subsection: 
‘‘(m) INDEPENDENT LEGAL ADVISORS.— 
‘‘(1) AUTHORITY.—The Foreign Intelligence 
Surveillance Court and the Foreign Intelligence Sur-
veillance Court of Review may jointly employ legal 
advisors to assist the courts in all aspects of consid-
ering any matter before the courts, including with 
respect to— 
‘‘(A) providing advice on issues of law or 
fact presented by any application for an order 
under this Act; 
‘‘(B) requesting information from the Gov-
ernment in connection with any such applica-
tion;