[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7320 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7320
To reform the Foreign Intelligence Surveillance Act of 1978.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2024
Ms. Lee of Florida introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Permanent Select
Committee on Intelligence, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform the Foreign Intelligence Surveillance Act of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming Intelligence and Securing
America Act''.
SEC. 2. QUERY PROCEDURE REFORM.
(a) Strictly Limiting Federal Bureau of Investigation Personnel
Authorizing United States Person Queries.--Subsection (f) of section
702 is amended--
(1) by redesignating paragraph (3) as paragraph (6); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Restrictions imposed on federal bureau of
investigation.--
``(A) Limits on authorizations of united states
person queries.--
``(i) In general.--Federal Bureau of
Investigation personnel must obtain prior
approval from a Federal Bureau of Investigation
supervisor (or employee of equivalent or
greater rank) or attorney who is authorized to
access unminimized contents or noncontents
obtained through acquisitions authorized under
subsection (a) for any query of such
unminimized contents or noncontents made using
a United States person query term.
``(ii) Exception.--A United States person
query to be conducted by the Federal Bureau of
Investigation of unminimized contents or
noncontents obtained through acquisitions
authorized under subsection (a) using a United
States person query term may be conducted
without obtaining prior approval as specified
in clause (i) only if the person conducting the
United States person query has a reasonable
belief that conducting the query could assist
in mitigating or eliminating a threat to life
or serious bodily harm.''.
(b) Prohibition on Involvement of Political Appointees in Process
To Approve Federal Bureau of Investigation Queries.--Subsection
(f)(3)(D)(ii) of section 702, as amended by this Act, is further
amended by inserting after subclause (I) the following new subclause:
``(II) 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 Confirmation, 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 subclause (I).''.
(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 4 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.--Subsection (f)(3) of section 702, as amended
by this Act, is further amended by adding at the end the following new
subparagraph:
``(D) Querying procedures applicable to federal
bureau of investigation.--For any procedures adopted
under paragraph (1) applicable to the Federal Bureau of
Investigation, the Attorney General, in consultation
with the Director of National Intelligence, shall
include the following requirements:
``(i) Training.--A requirement that, prior
to conducting any query, personnel of the
Federal Bureau 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 circumstances, prior to conducting
certain queries, personnel 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
requirement 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
noncontents.--Any system of the Federal Bureau
of Investigation that stores unminimized
contents or noncontents obtained through
acquisitions authorized under subsection (a)
together with contents or noncontents obtained
through other lawful means shall be configured
in a manner that--
``(I) requires personnel of the
Federal Bureau of Investigation to
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 reasonably expected
to result in similar compliance outcomes as the
measures specified in clauses (i) through (iv)
of this subparagraph, the Foreign Intelligence
Surveillance Court may waive one or more of the
requirements specified in such clauses.''.
(e) Notification for Certain Queries Conducted by Federal Bureau of
Investigation.--Subsection (f)(3) of section 702, as amended by this
Act, is further amended by adding at the end the following new
subparagraph:
``(B) Notification requirement for certain fbi
queries.--
``(i) Requirement.--The Director of the
Federal Bureau of Investigation shall promptly
notify appropriate congressional leadership of
any query conducted by the Federal Bureau of
Investigation using a query term that is
reasonably believed to be the name or other
personally identifying information of a member
of Congress, and shall also notify the member
who is the subject of such query.
``(ii) Appropriate congressional leadership
defined.--In this 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 security.
``(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 determines the
relevant notification would not impede
the relevant national security or law
enforcement investigation or on the
date that such investigation ends,
whichever is earlier.''.
(f) Requirement for Congressional Consent Prior to Certain Federal
Bureau of Investigation Queries for Purpose of Defensive Briefings.--
Subsection (f)(3) of section 702, as amended by this Act, is further
amended by inserting after subparagraph (B) the following new
subparagraph:
``(C) Consent required for fbi to conduct certain
queries for purpose of defensive briefing.--
``(i) Consent required.--The 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 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 leadership.
``(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 counterintelligence
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 SECTION 702.
(a) Revoking Federal Bureau of Investigation Authority To Conduct
Queries Unrelated to National Security.--Subsection (f)(2) of section
702 is amended to read as follows:
``(2) Prohibition on conduct of queries that are solely
designed to find and extract evidence of a crime.--
``(A) Limits on authorizations of united states
person queries.--The querying procedures adopted
pursuant to paragraph (1) for the Federal Bureau of
Investigation shall prohibit queries of information
acquired under subsection (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 mitigating or eliminating a threat to
life or serious bodily harm; or
``(ii) such query is necessary to identify
information that must be produced or preserved
in 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 Federal Bureau
of Investigation.--Section 702 is amended by adding at the end the
following new subsection:
``(n) Restriction on Certain Information Available to Federal
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 National Security Agency
decides it is necessary due to exigent circumstances 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.--
Subparagraph (A) does not apply where the Federal Bureau of
Investigation has agreed to provide technical, analytical, or
linguistic assistance at the request of another Federal
agency.''.
SEC. 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 information. 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 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 declassification 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.
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 Surveillance 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 semicolon;
(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
(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 consideration of any
certification or procedures submitted for
review pursuant to section 702, including any
amendments to such certifications or
procedures, if the court established under
subsection (a) has not appointed an individual
under clause (i) or (ii), unless the court
issues a finding that such appointment is not
appropriate or is likely to result in undue
delay.''; and
(D) by adding at the end the following new
subparagraphs:
``(B) Expertise.--In appointing one or more
individuals under subparagraph (A)(iii), the court
shall, to the maximum extent practicable, appoint an
individual who possesses 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 section 702, notwithstanding subsection (j)(1)(B)
of such section, 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 certification,
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
pursuant 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
``paragraph (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
identified 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 provide a written analysis to the
judge considering the application, of--
``(1) the sufficiency of the evidence used to make the
probable 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.''.
SEC. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT.
(a) Requirement for Sworn Statements for Factual Assertions.--
(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 subsection
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 Intelligence
Surveillance Court.--
(1) Title i.--Subsection (a)(6) of section 104 is amended--
(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
statement 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 corroborate 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
statement 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 corroborate the information are clearly
identified in the body of the statement
described in paragraph (3); and''.
(3) Applicability.--The amendments made by this subsection
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
statement 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 investigative techniques used to corroborate the
information;''.
(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
statement 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 investigative techniques used to corroborate the
information;''.
(3) Applicability.--The amendments made by this subsection
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 subsection
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 Extension 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
paragraph:
``(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 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 subsection
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 will 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 will occur''.
(3) Applicability.--The amendments made by this subsection
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
paragraphs (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,''.
SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS.
(a) Requirement for Transcripts of Proceedings.--Subsection (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
``applications made''; and
(3) by adding at the end the following new sentence:
``Transcriptions 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
proceeding 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
undergone review under section 602.''.
SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.
(a) Inspector General Report on Federal Bureau of Investigation
Querying Practices.--
(1) Reports.--Not later than 545 days after the date of
enactment of this Act, and again not later than one year prior
to the expiration of title VII of the Foreign Intelligence
Surveillance Act of 1978, the Inspector General of the
Department of Justice shall submit to the appropriate
congressional committees two separate reports on the querying
practices of the Federal Bureau of Investigation under section
702.
(2) Matters included.--The reports 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
procedures adopted under section 702(f), with a
particular focus on compliance by such personnel with
the procedures governing 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 identified 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
Surveillance Court or the Attorney General; or
(iii) voluntarily adopted by the Director
of the Federal Bureau of Investigation.
(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
compliance with the procedures governing queries using
United States person query terms.
(F) Any other relevant matter the Inspector General
determines appropriate.
(3) Form.--The reports under paragraph (1) shall be
submitted 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
knowledge of the applicant, 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 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 applicant seeking to use the
pen register or trap and trace device covered by the
application that, to the best knowledge of the applicant, the
Attorney General or a designated 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 (C)(i), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(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 application 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 application 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--
(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 paragraph:
``(8) 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--
``(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 subsection
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--
(A) in subparagraph (D), 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
subparagraph:
``(F) non-cumulative information known to the
applicant that is potentially exculpatory regarding the
requested legal findings or any assessment in the
application.''.
(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 paragraph:
``(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 subsection
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 INVESTIGATION.
(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:
``(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
contents 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 circumstances;
``(D) the number of United States person queries
conducted 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) primarily 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
paragraph (1) shall be available to the public during the first
April following the calendar year covered by the report.''.
(2) Effective date.--The amendments made by this subsection
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
(2) by inserting the following new subsection:
``(e) Mandatory Reporting by Director of Federal Bureau of
Investigation.--The Director of the Federal Bureau of Investigation
shall annually submit to the Permanent Select Committee on Intelligence
and the Committee on Judiciary of the House of 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 Investigation 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.--On a semiannual basis for the 2-
year period following the date of the enactment of this
Act, and on an annual basis thereafter, the 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 paragraph (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 modification.
(iii) A summary of compliance with covered
procedures by the personnel of the Federal
Bureau of Investigation, disaggregated by
covered component, and a description of any
adverse personnel actions taken against, or
other actions taken to ensure the appropriate
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 (50
U.S.C. 1881); and
(ii) the Committees on the Judiciary of the
House of Representatives and the Senate.
(B) Covered component.--The term ``covered
component'' means a field office, Headquarters
division, or other element of the Federal Bureau of
Investigation with personnel who have access to the
unminimized contents of communications obtained through
acquisitions authorized under section 702(a).
(C) Covered procedure.--The term ``covered
procedure''--
(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
``intentionally 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 section
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: ``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, furnishes,
transmits, or otherwise makes available to an unauthorized person, or
publishes, or uses in any manner prejudicial to the safety or interest
of the United States or for the benefit of any foreign government to
the detriment of the United States any classified information that
contains the contents of any communication acquired under this title to
which a known United States person is a party.
``(b) Penalty.--A person guilty of an offense in this section shall
be fined under title 18, imprisoned for not more than 8 years, or both.
``(c) Jurisdiction.--There is Federal jurisdiction over an offense
under this section if the person committing the offense was an officer
or employee of the United States at the time the offense was
committed.''.
(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 Surveillance 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 inserting the following new paragraph:
``(G) the number of times the Foreign Intelligence
Surveillance Court and the Foreign Intelligence
Surveillance 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:
``(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 Intelligence
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 Surveillance 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 INVESTIGATION.
(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
following:
``(A) Zero tolerance for willful misconduct.
``(B) Escalating consequences for unintentional
noncompliance, including the threshold for mandatory
revocation 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
standards required under subsection (f)(4) of section 702 of
the Foreign 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).
(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 pursuant to the minimum
accountability standards and a description of the
conduct that led to each such action.
(4) Definition of appropriate congressional committees.--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 MISCONDUCT
BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Removal or Suspension of Federal Officers for Misconduct Before
Foreign Intelligence Surveillance Court.--Section 103, as amended by
this Act, is further amended by adding at the end the following new
subsection:
``(m) Removal or Suspension of Federal Officers for Misconduct
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 minimum, 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 Intelligence,
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
shall submit the results of the study to the appropriate
congressional 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 Commission shall be composed of the
following members:
(I) The Principal Deputy Director
of National Intelligence.
(II) The Deputy Attorney General.
(III) The Deputy Secretary of
Defense.
(IV) The Deputy Secretary of State.
(V) The Chair of the Privacy and
Civil Liberties Oversight Board.
(VI) Three members appointed by the
majority leader of the Senate, in
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 consultation with
the Chairman of the Permanent Select
Committee on Intelligence of the House
of Representatives and the Chairman of
the Committee on the Judiciary of the
House of Representatives, 1 of whom
shall be a member of the House of
Representatives and 2 of whom shall not
be.
(IX) Three members appointed by the
minority leader of the House of
Representatives, in consultation with
the Ranking Member of the Permanent
Select Committee on Intelligence of the
House of Representatives and the
Ranking Member of the Committee on the
Judiciary of the House of
Representatives, 1 of whom shall be a
member of the House of Representatives
and 2 of whom shall not be.
(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 military leaders;
(bb) the implementation,
funding, or oversight of the
national security laws of the
United States;
(cc) privacy, civil
liberties, and transparency; 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
Commission 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 concerning 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
Commission shall meet upon the call of the co-chairs of
the Commission.
(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.
(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 conduct of United States intelligence
activities and the protection 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, correspondence,
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
department, agency, bureau, board, commission,
office, establishment, or instrumentality
described in clause (i) shall, to the extent
authorized by law, furnish such 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 accordance 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 performance 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
addition 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 authorized by
law.
(iv) Cooperation.--The Commission shall
receive the full and timely cooperation of any
official, department, 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
personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person
occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(B) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission
without reimbursement from the Commission, and such
detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(C) Security clearances.--All staff of the
Commission and all experts and consultants employed by
the Commission shall possess a security clearance in
accordance with applicable provisions of law concerning
the handling of classified information.
(8) Compensation and travel expenses.--
(A) Compensation of members.--
(i) In general.--Except as provided in
subparagraph (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
performance 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 Members 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
intelligence committees.--Any information related to
the national security of the United States that is
provided to the Commission by a congressional
intelligence committee may not be further provided or
released without the approval of the chairman of such
committee.
(C) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under paragraph (10)(B),
only the members and designated staff of the
congressional intelligence committees, the Director of
National Intelligence (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 Commission.
(10) Final report; termination.--
(A) Final report.--
(i) Definitions.--In this subparagraph:
(I) Appropriate committees of
congress.--The term ``appropriate
committees of Congress'' means--
(aa) the congressional
intelligence committees;
(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 Representatives; 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
committees 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 submitted 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 appropriate 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 purposes 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
provisions.--
(A) Federal advisory committee act.--The provisions
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
in such amounts as specifically provided in advance in
appropriations acts for the purposes detailed in this
subsection.
(B) Availability in general.--Subject to
subparagraph (A), the Director of National Intelligence
shall make available to the Commission such amounts as
the Commission may require for purposes of the
activities of the Commission under this section.
(C) Duration of availability.--Amounts made
available 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 intelligence
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
amendment 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; SUNSET.
(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 ``December 31, 2023'' and inserting
``five years after date of enactment of this Act
Reforming Intelligence 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 ``December 31, 2023'' and inserting ``five
years after date of enactment of this Act (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 ``December 31,
2023'' and inserting ``Five Years After Date of
Enactment of This Act (Reforming Intelligence and
Securing America Act)''; and
(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
Intelligence and Securing America Act'' after ``the FISA
Amendments Reauthorization Act of 2017''; and
(3) in paragraph (4), by inserting ``and the Reforming
Intelligence and Securing America Act'' after ``the FISA
Amendments Reauthorization Act of 2017'' in each place it
appears.
(c) Sunset.--Effective five years after the date of enactment of
this Act, the Foreign Intelligence Surveillance Act of 1978 is amended
so that section 702 reads as it read on the day before the date of
enactment of this Act.
SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE 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. INFORMATION SUBMISSION.
The Director of National Intelligence, in consultation with the
Attorney General, may submit to the congressional intelligence
committees (as such term is defined in section 701 of the Foreign
Intelligence Surveillance Act of 1978) and the Committees on the
Judiciary of the House of Representatives and of the Senate information
regarding the purchase of commercially-available data about United
States persons by law enforcement agencies and the intelligence
community.
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