[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3351 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3351
To amend the Foreign Intelligence Surveillance Act of 1978 to extend
certain expiring authorities, to restore certain expired authorities,
and to institute reforms to protect the civil liberties of United
States persons, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 28, 2023
Mr. Warner (for himself, Mr. Rubio, Mr. Graham, Mr. Wicker, Ms.
Collins, Mr. King, Mr. Bennet, Mr. Casey, Mrs. Gillibrand, Mr. Rounds,
Mr. Kelly, Ms. Klobuchar, Mr. Moran, Mr. Lankford, and Mr. Whitehouse)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to extend
certain expiring authorities, to restore certain expired authorities,
and to institute reforms to protect the civil liberties of United
States persons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign
Intelligence Surveillance Act of 1978 Reform and Reauthorization Act of
2023'' or the ``FISA Reform and Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REFORM AND REAUTHORIZATION OF TITLE VII OF FISA
Sec. 101. Extension of title VII of FISA.
Sec. 102. Expanded protections for United States person queries.
Sec. 103. Federal Bureau of Investigation compliance requirements.
Sec. 104. Additional reporting regarding the FBI's use of section 702
of FISA.
Sec. 105. Increased oversight of activities involving Members of
Congress.
Sec. 106. Exception for consensual queries.
Sec. 107. Procedures to enable travel vetting of non-United States
persons.
TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS
Sec. 201. Certifications regarding accuracy of FISA applications.
Sec. 202. Submission of court transcripts to Congress.
Sec. 203. Enhanced authorities for amicus curiae.
Sec. 204. Prohibition on use of politically derived information in
applications for certain orders by the
Foreign Intelligence Surveillance Court.
Sec. 205. Investigations relating to Federal candidates and elected
Federal officials.
Sec. 206. Removal or suspension of Federal officers for misconduct
before Foreign Intelligence Surveillance
Court.
Sec. 207. Additional penalties for offenses relating to FISA.
Sec. 208. Contempts constituting crimes before the Foreign Intelligence
Surveillance Court and the Foreign
Intelligence Surveillance Court of Review.
Sec. 209. Effective and independent advice for the Foreign Intelligence
Surveillance Court and the Foreign
Intelligence Surveillance Court of Review.
Sec. 210. Enhancements to congressional oversight.
Sec. 211. Establishment of compliance officers.
Sec. 212. FISA Reform Commission.
TITLE I--REFORM AND REAUTHORIZATION OF TITLE VII OF FISA
SEC. 101. EXTENSION OF TITLE VII OF FISA.
(a) Extension.--Section 403(b) of the Foreign Intelligence
Surveillance Act of 1978 Amendments Act of 2008 is amended--
(1) in paragraph (1) (Public Law 110-261; 50 U.S.C. 1881
note)--
(A) by striking ``December 31, 2023'' and inserting
```December 31, 2035''; and
(B) by striking ``and by the FISA Amendments
Reauthorization Act of 2017'' and inserting ``, the
FISA Amendments Reauthorization Act of 2017, and the
Foreign Intelligence Surveillance Act of 1978 Reform
and Reauthorization Act of 2023''; and
(2) in paragraph (2) (Public Law 110-261; 18 U.S.C. 2511
note), in the matter preceding subparagraph (A), by striking
``December 31, 2023'' and inserting ``December 31, 2035''.
(b) Conforming Amendments.--Section 404(b) of the Foreign
Intelligence Surveillance Act of 1978 Amendments Act of 2008 is
amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking
``december 31, 2023'' and inserting ``December 31,
2035''; and
(B) by striking ``and by the FISA Amendments
Reauthorization Act of 2017'' and inserting ``, the
FISA Amendments Reauthorization Act of 2017, and the
Foreign Intelligence Surveillance Act of 1978 Reform
and Reauthorization Act of 2023'';
(2) in paragraph (2), by striking ``and by the FISA
Amendments Reauthorization Act of 2017'' and inserting ``, the
FISA Amendments Reauthorization Act of 2017, and the Foreign
Intelligence Surveillance Act of 1978 Reform and
Reauthorization Act of 2023''; and
(3) in paragraph (4), by striking ``and by the FISA
Amendments Reauthorization Act of 2017'' each place it appears
and inserting ``, the FISA Amendments Reauthorization Act of
2017, and the Foreign Intelligence Surveillance Act of 1978
Reform and Reauthorization Act of 2023''.
SEC. 102. EXPANDED PROTECTIONS FOR UNITED STATES PERSON QUERIES.
Paragraph (2) of section 702(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended to read as
follows:
``(2) Prohibition of queries that are solely designed to
find and extract evidence of a crime.--
``(A) Prohibition.--Except as provided by
subparagraph (B), the querying procedures adopted under
paragraph (1) shall prohibit queries of information
collected pursuant to an authorization under subsection
(a) that are solely designed to find and extract
evidence of criminal activity.
``(B) Exceptions.--The restriction under
subparagraph (A) prohibiting certain queries of
information collected pursuant to an authorization
under subsection (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.''.
SEC. 103. FEDERAL BUREAU OF INVESTIGATION COMPLIANCE REQUIREMENTS.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(f)), as amended by section 102, is further amended--
(1) by redesignating paragraph (3) as paragraph (5); and
(2) by inserting after paragraph (2) the following:
``(3) Requirements relating to federal bureau of
investigation.--
``(A) In general.--For any procedures adopted under
paragraph (1) for the Federal Bureau of Investigation,
the Attorney General, in consultation with the Director
of National Intelligence, shall also ensure that the
procedures--
``(i) prohibit personnel of the Bureau from
conducting any query, unless such personnel
successfully complete relevant training;
``(ii) require that all systems of the
Bureau that store unminimized contents or
noncontents obtained through acquisitions
authorized under subsection (a) together with
contents or noncontents obtained through other
lawful means must--
``(I) be configured such that
personnel of the Bureau must
affirmatively opt-in in order to
include such unminimized contents or
noncontents obtained through
acquisitions authorized under
subsection (a) when running a query; or
``(II) contain other controls
reasonably expected to prevent
inadvertent queries of unminimized
contents or noncontents obtained
through acquisitions authorized under
subsection (a);
``(iii) require prior approval from an
attorney of the Bureau for any query using the
Bureau's batch job technology or a successor
tool, absent exigent circumstances;
``(iv) require prior approval, absent
exigent circumstances, from the Director of the
Bureau, the Deputy Director of the Bureau, or
the Executive Assistant Director for the
National Security Branch of the Bureau, in
coordination with the General Counsel of the
Bureau or an attorney designated by the General
Counsel to provide appropriate legal review,
for any query term reasonably believed to
identify--
``(I) a United States elected
official;
``(II) an appointee of the
President or a State Governor;
``(III) a United States political
candidate;
``(IV) a United States political
organization or an individual prominent
in such organization;
``(V) a United States news media or
a member of a United States news media;
or
``(VI) a United States religious
organization or an individual prominent
in such organization; and
``(v) require that, prior to conducting a
query using a United States person query term,
personnel of the Bureau provide a written
statement of the specific factual basis to
believe that such query meets the standard
required by the procedures adopted under
paragraph (1).
``(B) Record of written statements.--The Director
of the Federal Bureau of Investigation shall develop a
technical procedure whereby a record is kept of each
written statement provided pursuant to subparagraph
(A)(v).
``(C) Waiver authority for foreign intelligence
surveillance court.--If the Foreign Intelligence
Surveillance Court finds that the procedures adopted
under paragraph (1) for the Federal Bureau of
Investigation include measures that are reasonably
expected to result in similar compliance outcomes as
the measures specified in clauses (i) through (v) of
subparagraph (A), the Foreign Intelligence Surveillance
Court may waive one or more of the requirements
specified in such clauses.
``(4) Accountability procedures for federal bureau of
investigation.--
``(A) In general.--The Director of the Federal
Bureau of Investigation shall adopt accountability
procedures which shall be reasonably designed to ensure
investigation, consequences, and disciplinary action,
where appropriate, for query compliance incidents.
``(B) Requirement to provide notification of
material changes.--The Director of the Federal Bureau
of Investigation shall--
``(i) provide the Select Committee on
Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House
of Representatives the procedures adopted in
accordance with subparagraph (A); and
``(ii) promptly provide to such committees
notice whenever any material change is made to
the procedures adopted in accordance with
subparagraph (A).''.
SEC. 104. ADDITIONAL REPORTING REGARDING THE FBI'S USE OF SECTION 702
OF FISA.
(a) In General.--Section 603 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1873) is amended by--
(1) in subsection (b)(2)(B), inserting ``(or combination of
unminimized contents and noncontents information)'' after
``unminimized contents'';
(2) in subsection (d)(2), by striking ``to certain
information'' and all that follows through ``Electronic mail
address and telephone numbers'' and inserting ``to electronic
mail address and telephone numbers'';
(3) redesignating subsection (e) as subsection (f); and
(4) inserting after subsection (d) the following:
``(e) Mandatory Reporting by Director of the Federal Bureau of
Investigation.--
``(1) Annual report.--Each year, the Director of the
Federal Bureau of Investigation shall submit to the Select
Committee on Intelligence and the Committee on the Judiciary of
the Senate and the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives an annual 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2025.
SEC. 105. INCREASED OVERSIGHT OF ACTIVITIES INVOLVING MEMBERS OF
CONGRESS.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(f)(1)), as amended by sections 102 and 103, is further
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after subparagraph (4), the following:
``(5) Additional notification requirement for certain
federal bureau of investigation queries.--
``(A) In general.--If the Federal Bureau of
Investigation knowingly conducts 1 or more queries
using query terms reasonably likely to identify 1 or
more specific individuals who are Members of Congress,
the Director of the Federal Bureau of Investigation
shall promptly notify each Member of Congress specified
in subparagraph (B), as well as each Member who is the
subject of the query, of such query.
``(B) Members specified.--The Members of Congress
specified in this clause are the following:
``(i) The chairperson and ranking Member of
each of the following:
``(I) The Select Committee on
Intelligence of the Senate.
``(II) The Committee on the
Judiciary of the Senate.
``(III) The Permanent Select
Committee on Intelligence of the House
of Representatives.
``(IV) The Committee on the
Judiciary of the House of
Representatives.
``(ii) The majority leader of the Senate.
``(iii) The minority leader of the Senate.
``(iv) The Speaker of the House of
Representatives.
``(v) The minority leader of the House of
Representatives.
``(C) National security considerations.--In
submitting a notification under subparagraph (A), the
Director shall give due regard to the protection of
classified information, sources and methods, and
national security.
``(D) Waiver.--
``(i) In general.--The Director may waive a
notification required under subparagraph (A) if
the Director determines such notification would
impede an ongoing national security or law
enforcement investigation.
``(ii) Termination.--A waiver under clause
(i) shall terminate on the earliest of--
``(I) the date the Director
determines the relevant notification
would not impede the relevant national
security or law enforcement
investigation; or
``(II) the date that such
investigation ends.''.
SEC. 106. EXCEPTION FOR CONSENSUAL QUERIES.
Section 702(f)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a(f)(1)) is amended by adding at the end the
following:
``(D) Consensual queries.--The query standard set
forth in the procedures adopted pursuant to
subparagraph (A) shall include an exception for cases
in which the subject of the query, or a third party
authorized to consent on behalf of the subject, has
provided consent for the query.''.
SEC. 107. PROCEDURES TO ENABLE TRAVEL VETTING OF NON-UNITED STATES
PERSONS.
Section 702(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881a(f)), as amended by section 105, is further amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after subparagraph (5) the following:
``(6) Travel vetting of non-united states persons.--For any
procedures adopted under paragraph (1)(A), the Attorney
General, in consultation with the Director of National
Intelligence, shall ensure that the procedures enable the
vetting of non-United States persons who are being processed
for travel to the United States using terms that do not qualify
as United States person query terms under this Act.''.
TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS
SEC. 201. CERTIFICATIONS REGARDING ACCURACY OF FISA APPLICATIONS.
(a) Title I.--Subsection (a) of section 104 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) a certification by the applicant or declarant that,
to the best knowledge of the applicant or declarant, 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 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).''.
(b) Title III.--Subsection (a) of section 303 of such Act (50
U.S.C. 1823) is amended--
(1) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(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 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).''.
(c) Title IV.--Subsection (c) of section 402 of such Act (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:
``(4) a certification by the Federal officer seeking to use
the pen register or trap and trace device covered by the
application that, to the best knowledge of the Federal officer,
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 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).''.
(d) Title V.--Subsection (b) of section 502 of such Act (50 U.S.C.
1862) is amended--
(1) in paragraph (1)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(3) shall include a statement by the applicant that, to
the best knowledge of the applicant, the application fairly
reflects 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).''.
(e) Title VII.--
(1) Section 703.--Subsection (b)(1) of section 703 of such
Act (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:
``(K) 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--
``(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).''.
(2) Section 704.--Subsection (b) of section 704 of such Act
(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 period 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 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).''.
(f) Review of Case Files To Ensure Accuracy.--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.
SEC. 202. SUBMISSION OF COURT TRANSCRIPTS TO CONGRESS.
Section 601(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1871(c)) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) for any matter at which a court reporter is present
and creates a transcript of a hearing or oral argument before
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review, a copy of each such
transcript not later than 45 days after the government's
receipt of the transcript or the date on which the matter
concerning such hearing or oral argument is resolved, whichever
is later.''.
SEC. 203. ENHANCED AUTHORITIES FOR AMICUS CURIAE.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is
amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) shall appoint 1 or more individuals who have
been designated under paragraph (1), not less than 1 of
whom possesses privacy and civil liberties expertise,
unless the court finds that such a qualification is
inappropriate, to serve as amicus curiae to assist the
court in the consideration of any application or motion
for an order or review that, in the opinion of the
court--
``(i) presents a novel or significant
interpretation of the law, unless the court
issues a finding that such appointment is not
appropriate;
``(ii) presents exceptional concerns with
respect to the activities of a United States
person that are protected by the first
amendment to the Constitution of the United
States, unless the court issues a finding that
such appointment is not appropriate;
``(iii) targets a United States person and
presents or involves a sensitive investigative
matter, unless--
``(I) the matter represents an
immediate danger to human life; and
``(II) the court issues a finding
that such appointment is not
appropriate;
``(iv) targets a United States person and
presents a request for approval of a new
programmatic surveillance or reauthorization of
it, unless the court issues a finding that such
appointment is not appropriate; or
``(v) targets a United States person and
otherwise presents novel or exceptional civil
liberties issues, unless the court issues a
finding that such appointment is not
appropriate; and''; and
(B) in subparagraph (B), by striking ``an
individual or organization'' each place the term
appears and inserting ``one or more individuals or
organizations''.
(2) Definition of sensitive investigative matter.--
Subsection (i) of section 103 of such Act (50 U.S.C. 1803) is
amended by adding at the end the following:
``(12) Definition of sensitive investigative matter.--In
this subsection, the term `sensitive investigative matter'
means--
``(A) an investigative matter that targets a United
States person who is--
``(i) a United States elected official;
``(ii) an appointee of the President or a
State Governor;
``(iii) a United States political
candidate;
``(iv) a United States political
organization or an individual prominent in such
organization;
``(v) a United States news media or member
of a United States news media; or
``(vi) a United States religious
organization or an individual prominent in such
organization; or
``(B) any other investigative matter involving a
domestic entity or a known or presumed United States
person that, in the judgment of the applicable court
established under subsection (a) or (b), is as
sensitive as an investigative matter described in
subparagraph (A).''.
(b) Authority To Seek Review.--Subsection (i) of such section (50
U.S.C. 1803), as amended by subsection (a) of this section, is
amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``;
authority'' after ``Duties'';
(B) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding clause (i), as so
designated, by striking ``the amicus curiae shall'' and
inserting the following: ``the amicus curiae--
``(A) shall'';
(D) in subparagraph (A)(i), as so designated, by
inserting before the semicolon at the end the
following: ``, including legal arguments regarding any
privacy or civil liberties interest of any United
States person that would be significantly impacted by
the application or motion''; and
(E) by striking the period at the end and inserting
the following: ``; and
``(B) may seek leave to raise any novel or
significant privacy or civil liberties issue relevant
to the application or motion or other issue directly
impacting the legality of the proposed electronic
surveillance with the court, regardless of whether the
court has requested assistance on that issue.'';
(2) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) FISA court decisions.--Following issuance of
a final order under this Act by the Foreign
Intelligence Surveillance Court in a matter in which an
amicus curiae was appointed under paragraph (2), that
amicus curiae may petition the Foreign Intelligence
Surveillance Court to certify for review to the Foreign
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
subparagraph, the Court of Review shall appoint the
amicus curiae to assist the Court of Review in its
consideration of the certified question, unless the
Court of Review issues a finding that such appointment
is not appropriate.
``(B) FISA court of review decisions.--An amicus
curiae appointed under paragraph (2) may petition the
Foreign Intelligence 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, in the matter in which
that amicus curiae was appointed.
``(C) Declassification of referrals.--For purposes
of section 602, if the Foreign Intelligence
Surveillance Court or Foreign Intelligence Surveillance
Court of Review denies a petition filed under
subparagraph (A) or (B) of this paragraph, that
petition and all of its content shall be considered a
decision, order, or opinion issued by the Foreign
Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review described in
paragraph (2) of section 602(a).''.
(c) Access to Information.--
(1) Application and Materials.--Subparagraph (A) of section
103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is amended to read
as follows:
``(A) In general.--
``(i) Right of amicus.--If a court
established under subsection (a) or (b)
appoints an amicus curiae under paragraph (2),
the amicus curiae--
``(I) shall have access to, to the
extent such information is available to
the Government and the court
established under subsection (a) or (b)
determines it is necessary to fulfill
the duties of the amicus curiae--
``(aa) the application,
certification, petition,
motion, and other information
and supporting materials
submitted to the Foreign
Intelligence Surveillance Court
in connection with the matter
in which the amicus curiae has
been appointed, including
access to any relevant legal
precedent (including any such
precedent that is cited by the
Government, including in such
an application);
``(bb) a copy of each
relevant decision made by the
Foreign Intelligence
Surveillance Court or the
Foreign Intelligence
Surveillance Court of Review in
which the court decides a
question of law, without regard
to whether the decision is
classified; and
``(cc) any other
information or materials that
the court determines are
relevant to the duties of the
amicus curiae; and
``(II) may make a submission to the
court requesting access to any other
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.
``(ii) Supporting documentation regarding
accuracy.--The Foreign Intelligence
Surveillance Court, upon the motion of an
amicus curiae appointed under paragraph (2) or
upon its own motion, may require the Government
to make available the supporting documentation
if the court determines the information is
relevant to the duties of the amicus curiae.''.
(2) Clarification of access to certain information.--Such
section is further amended by striking subparagraph (C) and
inserting the following:
``(C) Classified information.--An amicus curiae
appointed by the court shall have access, to the extent
such information is available to the Government and the
court determines such information is relevant to the
duties of the amicus curiae in the matter in which the
amicus curiae was appointed, to copies of each opinion,
order, transcript, pleading, or other document of the
Foreign Intelligence Surveillance Court and the Foreign
Intelligence Surveillance Court of Review, including,
if the individual is eligible for access to classified
information, any classified documents, information, and
other materials or proceedings, but only to the extent
consistent with the national security of the United
States.''.
(3) 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 Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review determines that it is
relevant to the duties of an amicus curiae appointed by
the court under paragraph (2), the amicus curiae may
consult with 1 or more of the other individuals
designated by the court to serve as amicus curiae
pursuant to paragraph (1) regarding any of the
information relevant to any assigned proceeding.''.
(d) Term Limits.--
(1) Requirement.--Paragraph (1) of section 103(i) of such
Act (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 such Act (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. 204. PROHIBITION ON USE OF POLITICALLY DERIVED INFORMATION IN
APPLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT.
(a) Title I Orders.--Section 104(a)(6) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E)(ii), by striking the semicolon and
inserting ``; and''; and
(3) by adding after subparagraph (E) the following new
subparagraph:
``(F) that none of the information included in the
statement described in paragraph (3) was solely
produced by, derived from, or collected using funds of,
a political organization (as defined in section 527 of
the Internal Revenue Code of 1986) for the purpose of
gaining an advantage against, or otherwise conducting
research on, an opposing political candidate, unless--
``(i) the political organization that
produced the information is clearly identified
in the body of the statement;
``(ii) the information has been
corroborated by other investigative techniques;
and
``(iii) the investigative techniques used
to corroborate the information are clearly
identified in the body of the statement.''.
(b) Title III Orders.--Section 303(a)(6) of such Act (50 U.S.C.
1823(a)(6)) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the semicolon and
inserting ``; and''; and
(3) 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, or collected using funds of,
a political organization (as defined in section 527 of
the Internal Revenue Code of 1986) for the purpose of
gaining an advantage against, or otherwise conducting
research on, an opposing political candidate, unless--
``(i) the political organization that
produced the information is clearly identified
in the body of the statement;
``(ii) the information has been
corroborated by other investigative techniques;
and
``(iii) the investigative techniques used
to corroborate the information are clearly
identified in the body of the statement.''.
SEC. 205. INVESTIGATIONS RELATING TO FEDERAL CANDIDATES AND ELECTED
FEDERAL OFFICIALS.
(a) Title I.--Section 104(a)(6) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)), as amended by section
204, is further amended by adding at the end the following new
subparagraph:
``(G) if the target of the electronic surveillance
is an elected Federal official or a candidate in a
Federal election, that the Attorney General has
approved in writing of the investigation;''.
(b) Title III.--Section 303(a)(6) of such Act (50 U.S.C.
1823(a)(6)), as amended by section 204, is further amended 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. 206. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT
BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
Section 103 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803) is amended by adding at the end the following new
subsection:
``(l) Removal or Suspension of Federal Officers for Misconduct
Before Courts.--An employee, officer, or contractor of the United
States Government who knowingly engages in 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, as appropriate, suspension
without pay or removal.''.
SEC. 207. ADDITIONAL PENALTIES FOR OFFENSES RELATING 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 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 10 years''.
(b) Increased Penalty for Unauthorized Use.--Section 109(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(c)) is
amended by striking ``five years'' and inserting ``10 years''.
(c) Unauthorized Disclosure of Applications.--
(1) In general.--Subsection (a) of section 109 of such Act
(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 discloses an application,
in whole or in part, 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 subsection (a)'' and inserting
``under paragraph (1) or (2) of subsection (a)''.
SEC. 208. CONTEMPTS CONSTITUTING CRIMES BEFORE THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT OF REVIEW.
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. 209. EFFECTIVE AND INDEPENDENT ADVICE FOR THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT OF REVIEW.
Section 103 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803), as amended by section 206, 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 Surveillance Court of Review
may jointly employ legal advisors to assist the courts in all
aspects of considering 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 Government in
connection with any such application;
``(C) identifying any concerns with any such
application; and
``(D) proposing requirements or conditions for the
approval of any such application.
``(2) Direction.--The legal advisors employed under
paragraph (1) shall be subject solely to the direction of the
presiding judges of the Foreign Intelligence Surveillance Court
and the Foreign Intelligence Surveillance Court of Review.''.
SEC. 210. ENHANCEMENTS TO CONGRESSIONAL OVERSIGHT.
(a) In General.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Congressional Oversight.--In a manner consistent with the
protection of the national security, nothing in this Act or any other
provision of law may be construed to preclude the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives from receiving in a timely
manner, upon request, applications submitted under this Act to the
Foreign Intelligence Surveillance Court, orders of the court, and
relevant materials relating to such applications and orders.''.
(b) Conforming Amendment.--Section 602(a) of such Act (50 U.S.C.
1872(a)) is amended by striking ``in section 601(e)'' and inserting
``in section 601(f)''.
SEC. 211. ESTABLISHMENT OF COMPLIANCE OFFICERS.
(a) In General.--Title VI of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding at the end
the following new section:
``SEC. 605. COMPLIANCE OFFICERS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
``(B) the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the
House of Representatives.
``(2) Covered agency.--The term `covered agency' means a
department or agency of the United States Government that has
the authority to submit applications to the Foreign
Intelligence Surveillance Court under this Act and which
receives unminimized collection pursuant to orders issued under
this Act.
``(3) Foreign intelligence surveillance court.--The term
`Foreign Intelligence Surveillance Court' has the meaning given
that term in section 101.
``(b) Appointment.--The head of each covered agency shall appoint a
single Federal officer to serve as the Compliance Officer for that
agency.
``(c) Compliance.--Each Compliance Officer appointed under
subsection (b) shall be responsible for overseeing the compliance of
the relevant covered agency with the requirements of this Act.
``(d) Audits.--Each Compliance Officer shall oversee routine audits
of the compliance by the relevant covered agency with--
``(1) the requirements of this Act regarding submitting
applications to the Foreign Intelligence Surveillance Court,
including with respect to the accuracy of such applications;
and
``(2) the minimization, targeting, querying, and accuracy
procedures required by this Act.
``(e) Assessments.--Each Compliance Officer shall--
``(1) conduct on a routine basis assessments of the
efficacy of the minimization, targeting, querying, and accuracy
procedures adopted by the Attorney General pursuant to this
Act; and
``(2) annually submit to the Assistant Attorney General
designated as the Assistant Attorney General for National
Security under section 507A of title 28, United States Code,
and the head of the relevant covered agency the findings of
such assessments, including any recommendations of the
Compliance Officer with respect to improving such procedures.
``(f) Remediation.--Each Compliance Officer shall ensure the
appropriate remediation of any compliance issues of the relevant
covered agency identified pursuant to this section or the rules of the
Foreign Intelligence Surveillance Court.
``(g) Inspectors General Assessments.--On an annual basis, and
consistent with the protection of sources and methods, each Inspector
General of a covered agency shall submit to the Foreign Intelligence
Surveillance Court and the appropriate congressional committees an
assessment of the implementation of this section by the covered
agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Foreign Intelligence Surveillance Act of 1978 is amended by
inserting after the item relating to section 604 the following new
item:
``Sec. 605. Compliance officers.''.
SEC. 212. FISA REFORM COMMISSION.
(a) Establishment.--
(1) 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.).
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``FISA Reform Commission''
(in this section the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Principal Deputy Director of
National Intelligence.
(ii) The Deputy Attorney General.
(iii) The Deputy Secretary of Defense.
(iv) The Deputy Secretary of State.
(v) The Chair of the Privacy and Civil
Liberties Oversight Board.
(vi) Three members appointed by the
majority leader of the Senate, in 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.
(B) Nonmembers of congress.--
(i) Qualifications.--The members of the
Commission who are not Members of Congress and
who are appointed under clauses (iv) through
(vii) of subparagraph (A) shall be individuals
who are nationally recognized for expertise,
knowledge, or experience in--
(I) 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;
(II) the implementation, funding,
or oversight of the national security
laws of the United States;
(III) privacy, civil liberties, and
transparency; or
(IV) laws and policies governing
methods of electronic surveillance.
(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 clause (i) shall
possess an appropriate security clearance in
accordance with applicable provisions of law
concerning the handling of classified
information.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-
chairs, selected from among the members of the
Commission.
(B) Agreement.--The individuals who serve as the
co-chairs of the Commission shall be agreed upon by the
members of the Commission.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 90 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 180 days after the date
of the enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Nine members of the 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.
(3) 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.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 90 days after the date of the enactment
of this Act, a quorum shall consist of a majority of the
members of the Commission as of such day.
(e) Duties.--The duties of the Commission are as follows:
(1) To review the effectiveness of the current
implementation of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.).
(2) 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.
(f) Powers of Commission.--
(1) In general.--
(A) 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.
(B) Issuance and enforcement of subpoenas.--
(i) Issuance.--A subpoena issued under
subparagraph (A)(ii) shall--
(I) bear the signature of the co-
chairs of the Commission; and
(II) be served by a person or class
of persons designated by the co-chairs
for that purpose.
(ii) Enforcement.--The provisions of
sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192-
194) shall apply in the case of any failure of
a witness to comply with any subpoena or to
testify when summoned under authority of this
paragraph.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, agency, bureau, board,
commission, office, independent establishment, or
instrumentality of the Federal Government information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Furnishing information.--Each such department,
agency, bureau, board, commission, office,
establishment, or instrumentality described in
subparagraph (A) 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.
(C) 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.
(3) Assistance from federal agencies.--
(A) 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.
(B) 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.
(C) Other departments and agencies.--In addition to
the assistance set forth in subparagraphs (A) and (B),
other departments and agencies of the United States may
provide the Commission such services, funds,
facilities, staff, and other support as such
departments and agencies consider advisable and as may
be authorized by law.
(D) Cooperation.--The Commission shall receive the
full and timely cooperation of any official,
department, or agency of the Federal Government whose
assistance is necessary, as jointly determined by the
co-chairs selected under subsection (b)(2), for the
fulfillment of the duties of the Commission, including
the provision of full and current briefings and
analyses.
(4) 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.
(5) 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.
(g) Staff of Commission.--
(1) 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.
(2) 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.
(3) 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.
(h) Compensation and Travel Expenses.--
(1) Compensation of members.--
(A) In general.--Except as provided in paragraph
(2), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual
rate of basic pay in 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.
(B) 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.
(2) 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.
(i) Treatment of Information Relating to National Security.--
(1) 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.
(2) 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.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (j)(2), 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.
(j) Final Report; Termination.--
(1) Final report.--
(A) Definitions.--In this paragraph:
(i) Appropriate committees of congress.--
The term ``appropriate committees of Congress''
means--
(I) the congressional intelligence
committees;
(II) the Committee on the Judiciary
of the Senate; and
(III) the Committee on the
Judiciary of the House of
Representatives.
(ii) Congressional leadership.--The term
``congressional leadership'' means--
(I) the majority leader of the
Senate;
(II) the minority leader of the
Senate;
(III) the Speaker of the House of
Representatives; and
(IV) the minority leader of the
House of Representatives.
(B) Final report required.--Not later than 7 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.
(C) Form of final report.--The final report
submitted pursuant to subparagraph (B) shall be in
unclassified form but may include a classified annex.
(D) Assessments of final report.--Not later than 1
year after receipt of the final report under
subparagraph (B), 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.
(2) Termination.--
(A) 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 paragraph (1)(B).
(B) Wind-down period.--The Commission may use the
120-day period referred to in subparagraph (A) 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.
(k) Inapplicability of Certain Administrative Provisions.--
(1) 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.
(2) 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.
(l) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000.
(2) Availability in general.--Subject to paragraph (1), 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.
(3) Duration of availability.--Amounts made available to
the Commission under paragraph (2) shall remain available until
expended or upon termination under subsection (i)(2), whichever
occurs first.
(m) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
<all>