[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>