No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6611 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6611
To amend the Foreign Intelligence Surveillance Act of 1978 to make
certain reforms to the authorities under such Act, to reauthorize title
VII of such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2023
Mr. Turner (for himself and Mr. Himes) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Permanent Select Committee on Intelligence, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to make
certain reforms to the authorities under such Act, to reauthorize title
VII of such Act, 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 ``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.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of
1978.
TITLE I--RESTRICTION ON FEDERAL BUREAU OF INVESTIGATION QUERIES
Sec. 101. Revoking Federal Bureau of Investigation authority to conduct
queries unrelated to national security.
Sec. 102. Strictly limiting Federal Bureau of Investigation personnel
authorizing United States person queries.
Sec. 103. Notification for certain queries conducted by Federal Bureau
of Investigation.
Sec. 104. Requirement for congressional consent prior to certain
Federal Bureau of Investigation queries for
purpose of defensive briefings.
Sec. 105. Restrictions relating to conduct of certain queries by
Federal Bureau of Investigation.
Sec. 106. Prohibition on involvement of political appointees in process
to approve Federal Bureau of Investigation
queries.
Sec. 107. Requirement for adoption of certain minimum accountability
standards.
Sec. 108. Restriction on certain information available to Federal
Bureau of Investigation.
Sec. 109. Mandatory audits of United States person queries conducted by
Federal Bureau of Investigation.
Sec. 110. Prohibited purposes for queries using United States person
query terms.
TITLE II--FISA APPLICATIONS AND ORDERS
Sec. 201. Requirement for sworn statements for factual assertions.
Sec. 202. Prohibition on use of politically derived information in
applications for certain orders by the
Foreign Intelligence Surveillance Court.
Sec. 203. Prohibition on use of press reports in applications for
certain orders by the Foreign Intelligence
Surveillance Court.
Sec. 204. Description of techniques carried out before application.
Sec. 205. Requirement for certain justification prior to extension of
orders.
Sec. 206. Requirement for certifications regarding accuracy of
applications.
Sec. 207. Requirement for justification of underlying criminal offense
in certain applications.
Sec. 208. Modification to duration of approved period under certain
orders for non-United States persons.
TITLE III--FOREIGN INTELLIGENCE SURVEILLANCE COURT AND FOREIGN
INTELLIGENCE SURVEILLANCE COURT OF REVIEW
Sec. 301. Designation of counsel to scrutinize applications for United
States persons.
Sec. 302. Requirement for transcripts of proceedings.
Sec. 303. Requirement for notification to congress of certain
transcripts.
Sec. 304. Judicial consistency for extensions.
Sec. 305. Mandatory appointment of amicus curiae in judicial review of
annual section 702 certifications and
procedures.
TITLE IV--FISA PENALTIES
Sec. 401. Removal or suspension of federal officers for misconduct
before Foreign Intelligence Surveillance
Court.
Sec. 402. Penalties for unauthorized disclosure of application for
electronic surveillance.
Sec. 403. Increased criminal penalties for offense under FISA.
Sec. 404. Criminal penalties for unauthorized disclosure of certain
incidentally collected United States person
information.
Sec. 405. Contempts constituting crimes.
Sec. 406. Sentencing enhancement for false declarations before FISC.
Sec. 407. Annual reporting on disciplinary actions by Federal Bureau of
Investigation.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 501. Inclusion of counternarcotics in definition of foreign
intelligence.
Sec. 502. Revocation of statutory reporting exemption and additional
reporting requirement for Federal Bureau of
Investigation.
Sec. 503. Notification to Congress of certain unauthorized disclosures.
Sec. 504. Definition of electronic communication service provider.
Sec. 505. Vetting of non-United States persons.
Sec. 506. Accountability measures for executive leadership of Federal
Bureau of Investigation.
Sec. 507. Report on technology needed for near-real time monitoring of
Federal Bureau of Investigation compliance.
Sec. 508. Inspector General report on Federal Bureau of Investigation
querying practices.
Sec. 509. Sense of Congress on the targeted collection of United States
person information.
Sec. 510. FISA Reform Commission.
Sec. 511. Extension of certain authorities; sunset.
Sec. 512. Severability; applicability date.
SEC. 2. 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.
TITLE I--RESTRICTION ON FEDERAL BUREAU OF INVESTIGATION QUERIES
SEC. 101. 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.'''.
SEC. 102. STRICTLY LIMITING FEDERAL BUREAU OF INVESTIGATION PERSONNEL
AUTHORIZING UNITED STATES PERSON QUERIES.
Subsection (f) of section 702, as amended by this Act, is further
amended--
(1) by redesignating paragraph (3) as paragraph (6); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Restrictions imposed on federal bureau of
investigation.--
``(A) Limits on authorizations of united states
person queries.--
``(i) In general.--Federal Bureau of
Investigation personnel must obtain prior
approval from a Federal Bureau of Investigation
supervisor (or employee of equivalent or
greater rank) or attorney who is authorized to
access unminimized contents or noncontents
obtained through acquisitions authorized under
subsection (a) for any query of such
unminimized contents or noncontents made using
a United States person query term.
``(ii) Exception.--A United States person
query to be conducted by the Federal Bureau of
Investigation of unminimized contents or
noncontents obtained through acquisitions
authorized under subsection (a) using a United
States person query term may be conducted
without obtaining prior approval as specified
in clause (i) only if the person conducting the
United States person query has a reasonable
belief that conducting the query could assist
in mitigating or eliminating a threat to life
or serious bodily harm.''.
SEC. 103. NOTIFICATION FOR CERTAIN QUERIES CONDUCTED BY FEDERAL BUREAU
OF INVESTIGATION.
Subsection (f)(3) of section 702, as amended by this Act, is
further amended by adding at the end the following new subparagraph:
``(B) Notification requirement for certain fbi
queries.--
``(i) Requirement.--The Director of the
Federal Bureau of Investigation shall promptly
notify appropriate congressional leadership of
any query conducted by the Federal Bureau of
Investigation using a query term that is
reasonably believed to be the name or other
personally identifying information of a Member
of Congress, and shall also notify the member
who is the subject of such query.
``(ii) Appropriate congressional leadership
defined.--In this subparagraph, the term
`appropriate congressional leadership' means
the following:
``(I) The chairs and ranking
minority members of the congressional
intelligence committees.
``(II) The Speaker and minority
leader of the House of Representatives.
``(III) The majority and minority
leaders of the Senate.
``(iii) National security considerations.--
In submitting a notification under clause (i),
the Director shall give due regard to the
protection of classified information, sources
and methods, and national security.
``(iv) Waiver.--
``(I) In general.--The Director may
waive a notification required under
clause (i) if the Director determines
such notification would impede an
ongoing national security or law
enforcement investigation.
``(II) Termination.--A waiver under
subclause (I) shall terminate on the
date the Director determines the
relevant notification would not impede
the relevant national security or law
enforcement investigation or on the
date that such investigation ends,
whichever is earlier''.
SEC. 104. REQUIREMENT FOR CONGRESSIONAL CONSENT PRIOR TO CERTAIN
FEDERAL BUREAU OF INVESTIGATION QUERIES FOR PURPOSE OF
DEFENSIVE BRIEFINGS.
Subsection (f)(3) of section 702, as amended by this Act, is
further amended by inserting after subparagraph (B) the following new
subparagraph:
``(C) Consent required for fbi to conduct certain
queries for purpose of defensive briefing.--
``(i) Consent required.--The Federal Bureau
of Investigation may not, for the exclusive
purpose of supplementing the contents of a
briefing on the defense against a
counterintelligence threat to a Member of
Congress, conduct a query using a query term
that is the name or restricted personal
information (as such term is defined in section
119 of title 18, United States Code) of that
member unless--
``(I) the member provides consent
to the use of the query term; or
``(II) the Deputy Director of the
Federal Bureau of Investigation
determines that exigent circumstances
exist sufficient to justify the conduct
of such query.
``(ii) Notification.--
``(I) Notification of consent
sought.--Not later than three business
days after submitting a request for
consent from a Member of Congress under
clause (i), the Director of the Federal
Bureau of Investigation shall notify
the appropriate congressional
leadership, regardless of whether the
member provided such consent.
``(II) Notification of exception
used.--Not later than three business
days after the conduct of a query under
clause (i) without consent on the basis
of the existence of exigent
circumstances determined under
subclause (II) of such clause, the
Director of the Federal Bureau of
Investigation shall notify the
appropriate congressional leadership.
``(iii) Rule of construction.--Nothing in
this subparagraph may be construed as--
``(I) applying to matters outside
of the scope of the briefing on the
defense against a counterintelligence
threat to be provided or supplemented
under clause (i); or
``(II) limiting the lawful
investigative activities of the Federal
Bureau of Investigation other than
supplementing the contents of a
briefing on the defense against a
counterintelligence threat to a Member
of Congress.
``(iv) Appropriate congressional leadership
defined.--In this subparagraph, the term
`appropriate congressional leadership' means
the following:
``(I) The chairs and ranking
minority members of the congressional
intelligence committees.
``(II) The Speaker and minority
leader of the House of Representatives.
``(III) The majority and minority
leaders of the Senate.''.
SEC. 105. RESTRICTIONS RELATING TO CONDUCT OF CERTAIN QUERIES BY
FEDERAL BUREAU OF INVESTIGATION.
Subsection (f)(3) of section 702, as amended by this Act, is
further amended by adding at the end the following new subparagraph:
``(D) Querying procedures applicable to federal
bureau of investigation.--For any procedures adopted
under paragraph (1) applicable to the Federal Bureau of
Investigation, the Attorney General, in consultation
with the Director of National Intelligence, shall
include the following requirements:
``(i) Training.--A requirement that, prior
to conducting any query, personnel of the
Federal Bureau of Investigation successfully
complete training on the querying procedures on
an annual basis.
``(ii) Additional prior approvals for
sensitive queries.--A requirement that, absent
exigent circumstances, prior to conducting
certain queries, personnel of the Federal
Bureau of Investigation receive approval, at
minimum, as follows:
``(I) In general.--
``(aa) 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.
``(bb) 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.
``(cc) 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). The Federal Bureau of
Investigation shall keep a record of each 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.''.
(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.
SEC. 106. PROHIBITION ON INVOLVEMENT OF POLITICAL APPOINTEES IN PROCESS
TO APPROVE FEDERAL BUREAU OF INVESTIGATION QUERIES.
Subsection (f)(3)(D)(ii) of section 702, as amended by this Act, is
further amended by inserting after subclause (I) the following new
subclause:
``(II) Prohibition on political
appointees within the process to
approve federal bureau of investigation
queries.--The procedures shall prohibit
any political personnel, such as those
classified by the Office of Personnel
Management as Presidential Appointment
with Senate Confirmation, Presidential
Appointment (without Senate
Confirmation), Noncareer Senior
Executive Service Appointment, or
Schedule C Excepted Appointment, from
inclusion in the Federal Bureau of
Investigation's prior approval process
under subclause (I).''.
SEC. 107. REQUIREMENT FOR ADOPTION OF CERTAIN MINIMUM ACCOUNTABILITY
STANDARDS.
(a) 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.''.
(b) 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).
(c) Reports.--
(1) 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 subsection (a).
(2) 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.
(d) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) 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
(2) the Committees on the Judiciary of the House of
Representatives and of the Senate.
SEC. 108. RESTRICTION ON CERTAIN INFORMATION AVAILABLE TO FEDERAL
BUREAU OF INVESTIGATION.
Section 702 is amended by adding at the end the following new
subsection:
``(n) Restriction on Certain Information Available to Federal
Bureau of Investigation.--
``(1) Restriction.--The Federal Bureau of Investigation may
not ingest unminimized information acquired under this section
into its analytic repositories unless the targeted person is
relevant to an existing, open, predicated full national
security investigation by the Federal Bureau of Investigation.
``(2) Exception for exigent circumstances.--Paragraph (1)
does not apply if the Director of the National Security Agency
decides it is necessary due to exigent circumstances and
provides notification within three business days to the
congressional intelligence committees, the Speaker and minority
leader of the House of Representatives, and the majority and
minority leaders of the Senate.
``(3) Exception for assistance to other agencies.--
Subparagraph (A) does not apply where the Federal Bureau of
Investigation has agreed to provide technical, analytical, or
linguistic assistance at the request of another federal
agency.''.
SEC. 109. MANDATORY AUDITS OF UNITED STATES PERSON QUERIES CONDUCTED BY
FEDERAL BUREAU OF INVESTIGATION.
(a) 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.
(b) Applicability.--The requirement under subsection (a) shall
apply with respect to queries conducted on or after the date of the
enactment of this Act.
(c) Sunset.--This section shall terminate on the earlier of the
following:
(1) The date that is 4 years after the date of the
enactment of this Act.
(2) 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 subsection
(a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) 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
(2) the Committees on the Judiciary of the House of
Representatives and of the Senate.
SEC. 110. PROHIBITED PURPOSES FOR QUERIES USING UNITED STATES PERSON
QUERY TERMS.
No query of information acquired under section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) using a United
States person query term may be conducted for the purpose of--
(1) suppressing or burdening criticism, dissent, or the
free expression of ideas or political opinions of such United
States person; or
(2) disadvantaging or harming such United States person
based on their ethnicity, race, gender, sexual orientation, or
religion.
TITLE II--FISA APPLICATIONS AND ORDERS
SEC. 201. REQUIREMENT FOR SWORN STATEMENTS FOR FACTUAL ASSERTIONS.
(a) Title I.--Subsection (a)(3) of section 104 is amended by
striking ``a statement of'' and inserting ``a sworn statement of''.
(b) Title III.--Subsection (a)(3) of section 303 is amended by
striking ``a statement of'' and inserting ``a sworn statement of''.
(c) Section 703.--Subsection (b)(1)(C) of section 703 is amended by
striking ``a statement of'' and inserting ``a sworn statement of''.
(d) Section 704.--Subsection (b)(3) of section 704 is amended by
striking ``a statement of'' and inserting ``a sworn statement of''.
(e) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 202. PROHIBITION ON USE OF POLITICALLY DERIVED INFORMATION IN
APPLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT.
(a) Title I.--Subsection (a)(6) of section 104 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 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) on the opponent of a candidate in
an election for Federal, State, or local office,
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''.
(b) Title III.--Subsection (a)(6) of section 303 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 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) on the opponent of a candidate in
an election for Federal, State, or local office,
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''.
(c) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 203. PROHIBITION ON USE OF PRESS REPORTS IN APPLICATIONS FOR
CERTAIN ORDERS BY THE FOREIGN INTELLIGENCE SURVEILLANCE
COURT.
(a) 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 solely
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;''.
(b) 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 solely
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;''.
(c) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 204. DESCRIPTION OF TECHNIQUES CARRIED OUT BEFORE APPLICATION.
(a) Title I.--Subsection (a) of section 104, as amended by this
Act, is further 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 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;''.
(b) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 205. REQUIREMENT FOR CERTAIN JUSTIFICATION PRIOR TO EXTENSION OF
ORDERS.
(a) 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''.
(b) Applications for Extension of Orders Under Title III.--
Subsection (a) of section 303, as amended by this Act, is further
amended by:
(1) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) 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''.
(c) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 206. REQUIREMENT FOR CERTIFICATIONS REGARDING ACCURACY OF
APPLICATIONS.
(a) 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).''.
(b) 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).''.
(c) Title IV.--Subsection (c) of section 402 is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) a certification by the applicant seeking to use the
pen register or trap and trace device covered by the
application that, to the best knowledge of the applicant, the
Attorney General or a designated attorney for the Government
has been apprised of all information that might reasonably--
``(A) call into question the accuracy of the
application or the reasonableness of any assessment in
the application conducted by the department or agency
on whose behalf the application is made; or
``(B) otherwise raise doubts with respect to the
findings required under subsection (d).''.
(d) Title V.--Subsection (b)(2) of section 502 is amended--
(1) in subparagraph (C)(i), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) 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).''.
(e) Title VII.--
(1) Section 703.--Subsection (b)(1) of section 703 is
amended--
(A) in subparagraph (I), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(K) a certification by the applicant that, to the
best knowledge of the applicant, the 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).''.
(2) Section 704.--Subsection (b) of section 704 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 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).''.
(f) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
(g) 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.
SEC. 207. REQUIREMENT FOR JUSTIFICATION OF UNDERLYING CRIMINAL OFFENSE
IN CERTAIN APPLICATIONS.
(a) Title I.--Subsection (a)(3)(A) of section 104 is amended by
inserting before the semicolon at the end the following: ``, and, in
the case of a target that is a United States person alleged to be
acting as an agent of a foreign power (as described in section
101(b)(2)(B)), that a violation of the criminal statutes of the United
States as referred to in section 101(b)(2)(B) has occurred or will
occur''.
(b) Title III.--Subsection (a)(3)(A) of section 303 is amended by
inserting before the semicolon at the end the following: ``, and, in
the case of a target that is a United States person alleged to be
acting as an agent of a foreign power (as described in section
101(b)(2)(B)), that a violation of the criminal statutes of the United
States as referred to in section 101(b)(2)(B) has occurred or will
occur''.
(c) Applicability.--The amendments made by this section shall apply
with respect to applications made on or after the date that is 120 days
after the date of enactment of this Act.
SEC. 208. MODIFICATION TO DURATION OF APPROVED PERIOD UNDER CERTAIN
ORDERS FOR NON-UNITED STATES PERSONS.
(a) Title I.--Subsection (d) of section 105 is amended--
(1) in paragraph (1)--
(A) 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
(B) in subparagraph (B), by striking ``120 days''
and inserting ``one year''; and
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(b) Title III.--Subsection (d) of section 304 is amended--
(1) in paragraph (1)--
(A) 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
(B) in subparagraph (B), by striking ``120 days''
and inserting ``one year''; and
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
TITLE III--FOREIGN INTELLIGENCE SURVEILLANCE COURT AND FOREIGN
INTELLIGENCE SURVEILLANCE COURT OF REVIEW
SEC. 301. 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 (b) shall appoint 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, as
appropriate--
``(A) that the application should be approved,
denied, or modified;
``(B) that the Government should supply additional
information in connection with such application; or
``(C) that any requirements or conditions should be
imposed on the Government for the approval of such
application.''.
SEC. 302. 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.''.
SEC. 303. 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
``; and''; and
(3) by adding at the end the following new paragraph:
``(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.''.
SEC. 304. JUDICIAL CONSISTENCY FOR EXTENSIONS.
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.''.
SEC. 305. MANDATORY APPOINTMENT OF AMICUS CURIAE IN JUDICIAL REVIEW OF
ANNUAL SECTION 702 CERTIFICATIONS AND PROCEDURES.
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''.
TITLE IV--FISA PENALTIES
SEC. 401. 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, as appropriate, suspension
without pay or removal.''.
SEC. 402. PENALTIES FOR UNAUTHORIZED DISCLOSURE OF APPLICATION FOR
ELECTRONIC SURVEILLANCE.
(a) In General.--Subsection (a) of section 109 is amended--
(1) in the matter preceding paragraph (1), by striking
``intentionally'';
(2) in paragraph (1)--
(A) by inserting ``intentionally'' before ``engages
in''; and
(B) by striking ``; or'' and inserting a semicolon;
(3) in paragraph (2)--
(A) by striking ``disclose'' and inserting
``intentionally discloses''; and
(B) by striking the period at the end and inserting
``; or''; and
(4) 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 or
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.''.
(b) 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. 403. INCREASED CRIMINAL PENALTIES FOR OFFENSE UNDER FISA.
Subsection (c) of section 109 is amended to read: ``PENALTY.--A
person guilty of an offense in this section shall be fined under title
18, imprisoned for not more than 10 years, or both.''.
SEC. 404. 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.''.
SEC. 405. 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),''.
SEC. 406. SENTENCING ENHANCEMENT FOR FALSE DECLARATIONS BEFORE FISC.
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. 407. 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, to
include the number of ongoing personnel investigations, the outcome of
any completed personnel investigations and any related adverse
personnel actions taken.''.
TITLE V--REPORTS AND OTHER MATTERS
SEC. 501. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN
INTELLIGENCE.
Subsection (e)(1) of section 101 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 any
controlled substance designated by the Controlled
Substances Act (21 U.S.C. 801 et seq.), or precursors
of any aforementioned; or''.
SEC. 502. REVOCATION OF STATUTORY REPORTING EXEMPTION AND ADDITIONAL
REPORTING REQUIREMENT FOR FEDERAL BUREAU OF
INVESTIGATION.
(a) In General.--Section 603, as amended by this Act, is further
amended--
(1) in subsection (b)(2)(B) by inserting ``(or combined
unminimized contents and noncontents information)'' after
``unminimized contents'';
(2) 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
(3) 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2025.
SEC. 503. 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.
SEC. 504. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.
(a) Subsection (b)(4) of section 701 is amended--
(1) in subparagraph (D)--
(A) by striking ``other communication''; and
(B) by inserting ``, or equipment that is being or
may be used to transmit or store such communications''
after ``stored''; and
(2) in subparagraph (E), by inserting ``custodian,'' after
``employee,''.
(b) Subsection (6) of section 801 is amended--
(1) in subparagraph (D)--
(A) by striking ``other communication''; and
(B) by inserting ``, or equipment that is being or
may be used to transmit or store such communications''
after ``stored''; and
(2) in subparagraph (F), by inserting ``custodian,'' after
``employee,''.
SEC. 505. VETTING OF NON-UNITED STATES PERSONS.
Subsection (f) of section 702, as amended by this Act, is further
amended by inserting after paragraph (4) the following new paragraph:
``(5) 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. 506. ACCOUNTABILITY MEASURES FOR EXECUTIVE LEADERSHIP OF FEDERAL
BUREAU OF INVESTIGATION.
(a) 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.
(b) Briefings Required.--
(1) Briefings.--On a semiannual basis for the 2-year period
following the date of the enactment of this Act, and on an
annual basis thereafter, the Federal Bureau of Investigation
shall provide to the appropriate congressional committees a
briefing on the implementation of subsection (a).
(2) Matters.--Each briefing under paragraph (1) shall
include, with respect to the period covered by the briefing,
the following:
(A) A description of specific measures under
subsection (a) that the Federal Bureau of Investigation
has implemented.
(B) 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.
(C) 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.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--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.
(2) Covered component.--The term ``covered component''
means a field office, Headquarters division, or other element
of the Federal Bureau of Investigation with personnel who have
access to the unminimized contents of communications obtained
through acquisitions authorized under section 702(a).
(3) Covered procedure.--The term ``covered procedure''--
(A) means any procedure governing the use of
authorities under the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.); and
(B) includes querying procedures and minimization
procedures adopted pursuant to such Act.
(4) Executive leadership.--The term ``executive
leadership'' includes--
(A) 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
(B) with respect to a division of the Federal
Bureau of Investigation Headquarters, an Assistant
Director of the division.
SEC. 507. REPORT ON TECHNOLOGY NEEDED FOR NEAR-REAL TIME MONITORING OF
FEDERAL BUREAU OF INVESTIGATION COMPLIANCE.
(a) 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.
(b) 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.
(c) Definitions.--In this section the term ``appropriate
congressional committees'' means--
(1) 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
(2) the Committees on the Judiciary of the House of
Representatives and the Senate.
SEC. 508. INSPECTOR GENERAL REPORT ON FEDERAL BUREAU OF INVESTIGATION
QUERYING PRACTICES.
(a) 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.
(b) Matters Included.--The report under subsection (a) shall
include, at a minimum, the following:
(1) 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.
(2) A discussion 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--
(A) required by this Act or another Act of
Congress;
(B) required by the Foreign Intelligence
Surveillance Court or the Attorney General; or
(C) voluntarily adopted by the Director of the
Federal Bureau of Investigation.
(3) 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.
(4) 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.
(5) 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.
(6) Any other relevant matter the Inspector General
determines appropriate.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form and may include a classified annex.
(d) Definitions.--In this section:
(1) In general.--Except as provided in this section, terms
used in this section have the meanings given such terms in the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.).
(2) Appropriate congressional committees.--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.
SEC. 509. SENSE OF CONGRESS ON THE TARGETED COLLECTION OF UNITED STATES
PERSON INFORMATION.
It is the sense of Congress that section 702 of the Foreign
Intelligence Surveillance Act 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, 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.
SEC. 510. 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 (vi) through
(ix) 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 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.
(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 funds to the extent and in such amounts as
specifically provided in advance in appropriations acts for the
purposes detailed in this section.
(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.
SEC. 511. EXTENSION OF CERTAIN AUTHORITIES; SUNSET.
(a) FISA Amendments Act of 2008.--Section 403(b) of the FISA
Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2474) is
amended--
(1) in paragraph (1)--
(A) by striking ``December 31, 2023'' and inserting
``December 31, 2031''; and
(B) by inserting ``and the FISA Reform and
Reauthorization Act of 2023'' after ``the FISA
Amendments Reauthorization Act of 2017'';
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``December 31, 2023'' and inserting ``December
31, 2031''.
(b) Conforming Amendments.--Section 404(b) of the FISA Amendments
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``December 31,
2023'' and inserting ``December 31, 2031''; and
(B) by inserting ``and the FISA Reform and
Reauthorization Act of 2023'' after ``the FISA
Amendments Reauthorization Act of 2017'';
(2) in paragraph (2), by inserting ``and the FISA Reform
and Reauthorization Act of 2023'' after ``the FISA Amendments
Reauthorization Act of 2017''; and
(3) in paragraph (4), by inserting ``and the FISA Reform
and Reauthorization Act of 2023'' after ``the FISA Amendments
Reauthorization Act of 2017'' in each place it appears.
(c) Sunset.--Effective December 31, 2031, the Foreign Intelligence
Surveillance Act of 1978 is amended so that section 702 reads as it
read on the day before the date of enactment of this Act.
SEC. 512. SEVERABILITY; APPLICABILITY DATE.
(a) 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.
(b) 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by Voice Vote.
Reported by the Committee on Intelligence. H. Rept. 118-302, Part I.
Reported by the Committee on Intelligence. H. Rept. 118-302, Part I.
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