[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7888 Enrolled Bill (ENR)]
H.R.7888
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
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 (5); 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.--Subparagraph (D)
of section 702(f)(3), as added by subsection (d) of this section, is
amended by inserting after clause (v) the following:
``(vi) Prohibition on political appointees within
the process to approve federal bureau of investigation
queries.--The procedures shall prohibit any political
personnel, such as those classified by the Office of
Personnel Management as Presidential Appointment with
Senate 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 clause
(ii).''.
(c) Mandatory Audits of United States Person Queries Conducted by
Federal Bureau of Investigation.--
(1) Audits required.--For each query identified by the Federal
Bureau of Investigation as a United States person query against
information acquired pursuant to subsection (a) of section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a)
conducted by the Federal Bureau of Investigation, not later than
180 days after the conduct of such query, the Department of Justice
shall conduct an audit of such query.
(2) Applicability.--The requirement under paragraph (1) shall
apply with respect to queries conducted on or after the date of the
enactment of this Act.
(3) Sunset.--This section shall terminate on the earlier of the
following:
(A) The date that is 2 years after the date of the
enactment of this Act.
(B) The date on which the Attorney General submits to the
appropriate congressional committees a certification that the
Federal Bureau of Investigation has implemented a process for
the internal audit of all queries referred to in paragraph (1).
(4) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means--
(A) the congressional intelligence committees, as such term
is defined in subsection (b) of section 701 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and
(B) the Committees on the Judiciary of the House of
Representatives and of the Senate.
(d) Restrictions Relating to Conduct of Certain Queries by Federal
Bureau of Investigation.--Paragraph (3) of section 702(f), as added by
subsection (a)(2) of this section, is amended by adding after
subparagraph (C), as added by subsection (f) of this section, the
following:
``(D) Querying procedures applicable to federal bureau of
investigation.--For any procedures adopted under paragraph (1)
applicable to the Federal Bureau of Investigation, the Attorney
General, in consultation with the Director of National
Intelligence, shall include the 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.--Paragraph (3) of section 702(f), as added by subsection
(a) of this section, is amended by adding at the end the following:
``(B) Notification requirement for certain fbi 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.--
Paragraph (3) of section 702(f), as added by subsection (a) of this
section, is amended by adding after subparagraph (B), as added by
subsection (e) of this section, the following:
``(C) Consent required for fbi to conduct certain queries
for purpose of defensive briefing.--
``(i) Consent required.--The Federal Bureau of
Investigation may not, for the exclusive purpose of
supplementing the contents of a briefing on the defense
against a counterintelligence threat to a member of
Congress, conduct a query using a query term that 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 Federal Bureau of Investigation
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.--Paragraph
(1) does not apply where the Federal Bureau of Investigation has
agreed to provide technical, analytical, or linguistic assistance
at the request of another Federal agency.''.
SEC. 4. TARGETING DECISIONS UNDER SECTION 702.
(a) Sense of Congress on the Targeted Collection of United States
Person Information.--It is the sense of Congress that, as proscribed in
section 702(b)(2), section 702 of the Foreign Intelligence Surveillance
Act of 1978 has always prohibited, and continues to prohibit, the
intelligence community from targeting a United States person for
collection of foreign intelligence 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 in the preceding year to ensure that the
purpose of each targeting decision is not to target a known United
States person. The results of this review shall be submitted to the
Department of Justice Office of the Inspector General, the
congressional intelligence committees, and the Committees on the
Judiciary of the House of Representatives and of the Senate,
subject to a 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.
(4) Application.--The requirements under this subsection apply
for any year to the extent that section 702 of the Foreign
Intelligence Surveillance Act of 1978 was in effect during any
portion of the previous year.
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.
(a) Requirement for Same Judge To Hear Extension Applications.--
Subsection (d) of section 105 is amended by adding at the end the
following new paragraph:
``(5) An extension of an order issued under this title for
surveillance targeted against a United States person, to the extent
practicable and absent exigent circumstances, shall be granted or
denied by the same judge who issued the original order unless the
term of such judge has expired or such judge is otherwise no longer
serving on the court.''.
(b) Use of Amici Curiae in Foreign Intelligence 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.''.
(d) Member Access to the Foreign Intelligence Surveillance Court
and Foreign Intelligence Surveillance Court of Review.--The chair and
ranking minority member of each of the congressional intelligence
committees, the chairs and ranking members of the Committees on the
Judiciary of the House of Representatives and of the Senate, the
Majority and Minority Leaders of the Senate, the Speaker of the House
of Representatives, and the Minority Leader of the House of
Representatives shall be entitled to attend any proceeding of the
Foreign Intelligence Surveillance Court or any proceeding of the
Foreign Intelligence Surveillance Court of Review. Each person entitled
to attend a proceeding pursuant to this paragraph may designate not
more than 2 staff members of such committee or office to attend on
their behalf, pursuant to such procedures as the Attorney General, in
consultation with the Director of National Intelligence may establish.
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,
and 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 is about to occur''.
(2) Title iii.--Subsection (a)(3)(A) of section 303 is amended
by inserting before the semicolon at the end the following: ``,
and, in the case of a target that is a United States person alleged
to be acting as an agent of a foreign power (as described in
section 101(b)(2)(B)), that a violation of the criminal statutes of
the United States as referred to in section 101(b)(2)(B) has
occurred or is about to occur''.
(3) Applicability.--The amendments made by this 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) Report.--Not later than 545 days after the date of
enactment of this Act, the Inspector General of the Department of
Justice shall submit to the appropriate congressional committees a
report on the querying practices of the Federal Bureau of
Investigation under section 702.
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) An evaluation of compliance by personnel of the Federal
Bureau of Investigation with the querying 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 report 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 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
General or a designated attorney for the Government has been
apprised of all information that might reasonably--
``(A) call into question the accuracy of the application or
the reasonableness of any assessment in the application
conducted by the department or agency on whose behalf the
application is made; or
``(B) otherwise raise doubts with respect to the findings
required under subsection (d).''.
(4) Title v.--Subsection (b)(2) of section 502 is amended--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new 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 (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new 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 AND
QUARTERLY REPORT TO CONGRESS.
(a) Revocation of Statutory Reporting Exemption and Additional
Reporting Requirement for Federal Bureau of Investigation.--
(1) In general.--Section 603, as amended by this Act, is
further amended--
(A) in subsection (b)(2)(B) by inserting ``(or combined
unminimized contents and noncontents information)'' after
``unminimized contents'';
(B) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Nonapplicability to electronic mail address and telephone
numbers.--Paragraph (3)(B) of subsection (b) shall not apply to
orders resulting in the acquisition of information by the Federal
Bureau of Investigation that does not include electronic mail
addresses or telephone numbers.''; and
(C) by inserting the following new subsection:
``(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.
``(3) Quarterly report.--Beginning on the date that is not
later than 1 year after the effective date of this paragraph, the
Director of the Federal Bureau of Investigation shall submit a
quarterly report to the congressional intelligence committees and
to the Committees on the Judiciary of the House of Representatives
and of the Senate that includes the number of U.S. person queries
conducted during that quarter.''.
(2) Effective date.--The amendments made by this 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.--Not later than December 31 of each calendar
year, the Federal Bureau of Investigation shall provide to the
appropriate congressional committees a briefing on the
implementation of paragraph (1).
(B) Matters.--Each briefing under subparagraph (A) shall
include, with respect to the period covered by the briefing,
the following:
(i) A description of specific measures under 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) on the date of enactment of this Act; and
(ii) the Committees on the Judiciary of the House of
Representatives and the Senate.
(B) Covered component.--The term ``covered component''
means a field office, Headquarters division, or other element
of the Federal Bureau of Investigation with personnel who, for
any period during which section 702 is in effect, have access
to the unminimized contents of communications obtained through
acquisitions authorized under section 702(a).
(C) Covered procedure.--The term ``covered 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 as follows:
``(c) Penalty.--A person guilty of an offense in this section shall
be fined under title 18, imprisoned for not more than 10 years, or
both.''.
(c) Criminal Penalties for Unauthorized Disclosure of Certain
Incidentally Collected United States Person Information.--Title VII is
amended by inserting the following new section:
``SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE.
``(a) Offense.--A person is guilty of an offense under this section
if that person knowingly and willfully communicates, 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 adding at the end the following:
``(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.
(a) FISA Amendments Act of 2008.--Section 403(b) of the FISA
Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2474) is
amended--
(1) in paragraph (1)--
(A) by striking ``April 19, 2024'' and inserting ``two
years after the date of enactment of the Reforming 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 ``April 19, 2024'' and inserting ``two years after the
date of enactment of the Reforming Intelligence and Securing
America Act''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``April 19, 2024'' and
inserting ``Two Years After the Date of Enactment of the
Reforming Intelligence and Securing America Act''; and
(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.
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. REQUIREMENT FOR RECERTIFICATION.
Notwithstanding any orders or authorizations issued or made under
section 702 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a) during the period beginning on January 1, 2024 and ending
on April 30, 2024, no later than 90 days after the date of enactment of
this Act, the Attorney General and the Director of National
Intelligence shall be required to seek new orders consistent with the
provisions of the Foreign Intelligence Surveillance Act of 1978, as
amended by this Act, and thereafter to issue new authorizations
consistent with such new orders.
SEC. 22. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.
(a) In General.--Section 702(b)(5) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by striking
``, except as provided under section 103(b) of the FISA Amendments
Reauthorization Act of 2017''.
(b) Conforming Amendments.--
(1) Foreign intelligence surveillance act of 1978.--Section
702(m) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(m)) is amended--
(A) in the subsection heading, by striking ``Reviews, and
Reporting'' and inserting ``and Reviews''; and
(B) by striking paragraph (4).
(2) FISA amendments reauthorization act of 2017.--Section 103
of the FISA Amendments Reauthorization Act of 2017 (Public Law 115-
118; 50 U.S.C. 1881a note) is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) In General.--''.
SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN
INTELLIGENCE.
Section 101(e)(1) is amended--
(1) in subparagraph (B), by striking ``; or'' and inserting a
semicolon; and
(2) by adding at the end the following new subparagraph:
``(D) international production, distribution, or financing
of illicit synthetic drugs, opioids, cocaine, or other drugs
driving overdose deaths, or precursors of any aforementioned;
or''.
SEC. 24. VETTING OF NON-UNITED STATES PERSONS.
Subsection (f) of section 702, as amended by this Act, is further
amended by adding at the end the following new paragraph:
``(6) Vetting of non-united states persons.--For any procedures
for one or more agencies adopted under paragraph (1)(A), the
Attorney General, in consultation with the Director of National
Intelligence, shall ensure that the procedures enable the vetting
of all non-United States persons who are being processed for travel
to the United States using terms that do not qualify as United
States person query terms under this Act.''.
SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.
(a) Section 701(b)(4) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) in subparagraph (D), by striking ``; or'' and inserting a
semicolon;
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) any other service provider who has access to
equipment that is being or may be used to transmit or store
wire or electronic communications, but not including any entity
that serves primarily as--
``(i) a public accommodation facility, as that term is
defined in section 501(4);
``(ii) a dwelling, as that term is defined in section
802 of the Fair Housing Act (42 U.S.C. 3602);
``(iii) a community facility, as that term is defined
in section 315 of the Defense Housing and Community
Facilities and Services Act of 1951 (42 U.S.C. 1592n); or
``(iv) a food service establishment, as that term is
defined in section 281 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638); or'';
(4) in subparagraph (F), as redesignated--
(A) by inserting ``custodian,'' after ``employee,'';
(B) by striking ``or'' before ``(D)''; and
(C) by inserting ``, or (E)'' after ``(D)''.
(b) Paragraph (6) of section 801 of the Foreign Intelligence
Surveillance Act of 1978 is amended--
(1) by redesignating subparagraphs (E) and (F) as subparagraphs
(F) and (G), respectively;
(2) in subparagraph (F), as redesignated, by striking ``; or''
and inserting a semicolon;
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) any other service provider who has access to
equipment that is being or may be used to transmit or store
wire or electronic communications, but not including any entity
that serves primarily as--
``(i) a public accommodation facility, as that term is
defined in section 501(4);
``(ii) a dwelling, as that term is defined in section
802 of the Fair Housing Act (42 U.S.C. 3602);
``(iii) a community facility, as that term is defined
in section 315 of the Defense Housing and Community
Facilities and Services Act of 1951 (42 U.S.C. 1592n); or
``(iv) a food service establishment, as that term is
defined in section 281 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638);''; and
(4) in subparagraph (G), as redesignated--
(A) by inserting ``custodian,'' after ``employee,'';
(B) by striking ``or'' before ``(E)''; and
(C) by inserting ``, or (F)'' after ``(E)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
H.R. 7888 (ENR) - Reforming Intelligence and Securing America Act
Bill Metadata
Publish Date: Apr 22, 2024
Scanned and Processed on: Sep 23, 2024
Official Title: To reform the Foreign Intelligence Surveillance Act of 1978.
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