[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7888 Enrolled Bill (ENR)]

        H.R.7888

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty-four


                                 An Act


 
      To reform the Foreign Intelligence Surveillance Act of 1978.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Reforming Intelligence and Securing 
America Act''.
SEC. 2. QUERY PROCEDURE REFORM.
    (a) Strictly Limiting Federal Bureau of Investigation Personnel 
Authorizing United States Person Queries.--Subsection (f) of section 
702 is amended--
        (1) by redesignating paragraph (3) as paragraph (5); and
        (2) by inserting after paragraph (2) the following new 
    paragraph:
        ``(3) Restrictions imposed on federal bureau of 
    investigation.--
            ``(A) Limits on authorizations of united states person 
        queries.--
                ``(i) In general.--Federal Bureau of Investigation 
            personnel must obtain prior approval from a Federal Bureau 
            of Investigation supervisor (or employee of equivalent or 
            greater rank) or attorney who is authorized to access 
            unminimized contents or noncontents obtained through 
            acquisitions authorized under subsection (a) for any query 
            of such unminimized contents or noncontents made using a 
            United States person query term.
                ``(ii) Exception.--A United States person query to be 
            conducted by the Federal Bureau of Investigation of 
            unminimized contents or noncontents obtained through 
            acquisitions authorized under subsection (a) using a United 
            States person query term may be conducted without obtaining 
            prior approval as specified in clause (i) only if the 
            person conducting the United States person query has a 
            reasonable belief that conducting the query could assist in 
            mitigating or eliminating a threat to life or serious 
            bodily harm.''.
    (b) Prohibition on Involvement of Political Appointees in Process 
To Approve Federal Bureau of Investigation Queries.--Subparagraph (D) 
of section 702(f)(3), as added by subsection (d) of this section, is 
amended by inserting after clause (v) the following:

                    ``(vi) Prohibition on political appointees within 
                the process to approve federal bureau of investigation 
                queries.--The procedures shall prohibit any political 
                personnel, such as those classified by the Office of 
                Personnel Management as Presidential Appointment with 
                Senate Confirmation, Presidential Appointment (without 
                Senate Confirmation), Noncareer Senior Executive 
                Service Appointment, or Schedule C Excepted 
                Appointment, from inclusion in the Federal Bureau of 
                Investigation's prior approval process under clause 
                (ii).''.

    (c) Mandatory Audits of United States Person Queries Conducted by 
Federal Bureau of Investigation.--
        (1) Audits required.--For each query identified by the Federal 
    Bureau of Investigation as a United States person query against 
    information acquired pursuant to subsection (a) of section 702 of 
    the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) 
    conducted by the Federal Bureau of Investigation, not later than 
    180 days after the conduct of such query, the Department of Justice 
    shall conduct an audit of such query.
        (2) Applicability.--The requirement under paragraph (1) shall 
    apply with respect to queries conducted on or after the date of the 
    enactment of this Act.
        (3) Sunset.--This section shall terminate on the earlier of the 
    following:
            (A) The date that is 2 years after the date of the 
        enactment of this Act.
            (B) The date on which the Attorney General submits to the 
        appropriate congressional committees a certification that the 
        Federal Bureau of Investigation has implemented a process for 
        the internal audit of all queries referred to in paragraph (1).
        (4) Appropriate congressional committees defined.--In this 
    section, the term ``appropriate congressional committees'' means--
            (A) the congressional intelligence committees, as such term 
        is defined in subsection (b) of section 701 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and
            (B) the Committees on the Judiciary of the House of 
        Representatives and of the Senate.
    (d) Restrictions Relating to Conduct of Certain Queries by Federal 
Bureau of Investigation.--Paragraph (3) of section 702(f), as added by 
subsection (a)(2) of this section, is amended by adding after 
subparagraph (C), as added by subsection (f) of this section, the 
following:
            ``(D) Querying procedures applicable to federal bureau of 
        investigation.--For any procedures adopted under paragraph (1) 
        applicable to the Federal Bureau of Investigation, the Attorney 
        General, in consultation with the Director of National 
        Intelligence, shall include the following requirements:
                ``(i) Training.--A requirement that, prior to 
            conducting any query, personnel of the Federal Bureau of 
            Investigation successfully complete training on the 
            querying procedures on an annual basis.
                ``(ii) Additional prior approvals for sensitive 
            queries.--A requirement that, absent exigent circumstances, 
            prior to conducting certain queries, personnel of the 
            Federal Bureau of Investigation receive approval, at 
            minimum, as follows:

                    ``(I) Approval from the Deputy Director of the 
                Federal Bureau of Investigation if the query uses a 
                query term reasonably believed to identify a United 
                States elected official, an appointee of the President 
                or a State governor, a United States political 
                candidate, a United States political organization or a 
                United States person prominent in such organization, or 
                a United States media organization or a United States 
                person who is a member of such organization.
                    ``(II) Approval from an attorney of the Federal 
                Bureau of Investigation if the query uses a query term 
                reasonably believed to identify a United States 
                religious organization or a United States person who is 
                prominent in such organization.
                    ``(III) Approval from an attorney of the Federal 
                Bureau of Investigation if such conduct involves batch 
                job technology (or successor tool).

                ``(iii) Prior written justification.--A requirement 
            that, prior to conducting a query using a United States 
            person query term, personnel of the Federal Bureau of 
            Investigation provide a written statement of the specific 
            factual basis to support the reasonable belief that such 
            query meets the standards required by the procedures 
            adopted under paragraph (1). For each United States person 
            query, the Federal Bureau of Investigation shall keep a 
            record of the query term, the date of the conduct of the 
            query, the identifier of the personnel conducting the 
            query, and such written statement.
                ``(iv) Storage of certain contents and noncontents.--
            Any system of the Federal Bureau of Investigation that 
            stores unminimized contents or noncontents obtained through 
            acquisitions authorized under subsection (a) together with 
            contents or noncontents obtained through other lawful means 
            shall be configured in a manner that--

                    ``(I) requires personnel of the Federal Bureau of 
                Investigation to affirmatively elect to include such 
                unminimized contents or noncontents obtained through 
                acquisitions authorized under subsection (a) when 
                running a query; or
                    ``(II) includes other controls reasonably expected 
                to prevent inadvertent queries of such unminimized 
                contents or noncontents.

                ``(v) Waiver authority for foreign intelligence 
            surveillance court.--If the Foreign Intelligence 
            Surveillance Court finds that the procedures adopted under 
            paragraph (1) include measures that are reasonably expected 
            to result in similar compliance outcomes as the measures 
            specified in clauses (i) through (iv) of this subparagraph, 
            the Foreign Intelligence Surveillance Court may waive one 
            or more of the requirements specified in such clauses.''.
    (e) Notification for Certain Queries Conducted by Federal Bureau of 
Investigation.--Paragraph (3) of section 702(f), as added by subsection 
(a) of this section, is amended by adding at the end the following:
            ``(B) Notification requirement for certain fbi queries.--
                ``(i) Requirement.--The Director of the Federal Bureau 
            of Investigation shall promptly notify appropriate 
            congressional leadership of any query conducted by the 
            Federal Bureau of Investigation using a query term that is 
            reasonably believed to be the name or other personally 
            identifying information of a member of Congress, and shall 
            also notify the member who is the subject of such query.
                ``(ii) Appropriate congressional leadership defined.--
            In this subparagraph, the term `appropriate congressional 
            leadership' means the following:

                    ``(I) The chairs and ranking minority members of 
                the congressional intelligence committees.
                    ``(II) The Speaker and minority leader of the House 
                of Representatives.
                    ``(III) The majority and minority leaders of the 
                Senate.

                ``(iii) National security considerations.--In 
            submitting a notification under clause (i), the Director 
            shall give due regard to the protection of classified 
            information, sources and methods, and national security.
                ``(iv) Waiver.--

                    ``(I) In general.--The Director may waive a 
                notification required under clause (i) if the Director 
                determines such notification would impede an ongoing 
                national security or law enforcement investigation.
                    ``(II) Termination.--A waiver under subclause (I) 
                shall terminate on the date the Director determines the 
                relevant notification would not impede the relevant 
                national security or law enforcement investigation or 
                on the date that such investigation ends, whichever is 
                earlier.''.

    (f) Requirement for Congressional Consent Prior to Certain Federal 
Bureau of Investigation Queries for Purpose of Defensive Briefings.--
Paragraph (3) of section 702(f), as added by subsection (a) of this 
section, is amended by adding after subparagraph (B), as added by 
subsection (e) of this section, the following:
            ``(C) Consent required for fbi to conduct certain queries 
        for purpose of defensive briefing.--
                ``(i) Consent required.--The Federal Bureau of 
            Investigation may not, for the exclusive purpose of 
            supplementing the contents of a briefing on the defense 
            against a counterintelligence threat to a member of 
            Congress, conduct a query using a query term that is the 
            name or restricted personal information (as such term is 
            defined in section 119 of title 18, United States Code) of 
            that member unless--

                    ``(I) the member provides consent to the use of the 
                query term; or
                    ``(II) the Deputy Director of the Federal Bureau of 
                Investigation determines that exigent circumstances 
                exist sufficient to justify the conduct of such query.

                ``(ii) Notification.--

                    ``(I) Notification of consent sought.--Not later 
                than three business days after submitting a request for 
                consent from a member of Congress under clause (i), the 
                Director of the Federal Bureau of Investigation shall 
                notify the appropriate congressional leadership, 
                regardless of whether the member provided such consent.
                    ``(II) Notification of exception used.--Not later 
                than three business days after the conduct of a query 
                under clause (i) without consent on the basis of the 
                existence of exigent circumstances determined under 
                subclause (II) of such clause, the Director of the 
                Federal Bureau of Investigation shall notify the 
                appropriate congressional leadership.

                ``(iii) Rule of construction.--Nothing in this 
            subparagraph may be construed as--

                    ``(I) applying to matters outside of the scope of 
                the briefing on the defense against a 
                counterintelligence threat to be provided or 
                supplemented under clause (i); or
                    ``(II) limiting the lawful investigative activities 
                of the Federal Bureau of Investigation other than 
                supplementing the contents of a briefing on the defense 
                against a counterintelligence threat to a member of 
                Congress.

                ``(iv) Appropriate congressional leadership defined.--
            In this subparagraph, the term `appropriate congressional 
            leadership' means the following:

                    ``(I) The chairs and ranking minority members of 
                the congressional intelligence committees.
                    ``(II) The Speaker and minority leader of the House 
                of Representatives.
                    ``(III) The majority and minority leaders of the 
                Senate.''.

SEC. 3. LIMITATION ON USE OF INFORMATION OBTAINED UNDER SECTION 702.
    (a) Revoking Federal Bureau of Investigation Authority To Conduct 
Queries Unrelated to National Security.--Subsection (f)(2) of section 
702 is amended to read as follows:
        ``(2) Prohibition on conduct of queries that are solely 
    designed to find and extract evidence of a crime.--
            ``(A) Limits on authorizations of united states person 
        queries.--The querying procedures adopted pursuant to paragraph 
        (1) for the Federal Bureau of Investigation shall prohibit 
        queries of information acquired under subsection (a) that are 
        solely designed to find and extract evidence of criminal 
        activity.
            ``(B) Exceptions.--The restriction under subparagraph (A) 
        shall not apply with respect to a query if--
                ``(i) there is a reasonable belief that such query may 
            retrieve information that could assist in mitigating or 
            eliminating a threat to life or serious bodily harm; or
                ``(ii) such query is necessary to identify information 
            that must be produced or preserved in connection with a 
            litigation matter or to fulfill discovery obligations in 
            criminal matters under the laws of the United States or any 
            State thereof.''.
    (b) Restriction on Certain Information Available to Federal Bureau 
of Investigation.--Section 702 is amended by adding at the end the 
following new subsection:
    ``(n) Restriction on Certain Information Available to Federal 
Bureau of Investigation.--
        ``(1) Restriction.--The Federal Bureau of Investigation may not 
    ingest unminimized information acquired under this section into its 
    analytic repositories unless the targeted person is relevant to an 
    existing, open, predicated full national security investigation by 
    the Federal Bureau of Investigation.
        ``(2) Exception for exigent circumstances.--Paragraph (1) does 
    not apply if the Director of the Federal Bureau of Investigation 
    decides it is necessary due to exigent circumstances and provides 
    notification within three business days to the congressional 
    intelligence committees, the Speaker and minority leader of the 
    House of Representatives, and the majority and minority leaders of 
    the Senate.
        ``(3) Exception for assistance to other agencies.--Paragraph 
    (1) does not apply where the Federal Bureau of Investigation has 
    agreed to provide technical, analytical, or linguistic assistance 
    at the request of another Federal agency.''.
SEC. 4. TARGETING DECISIONS UNDER SECTION 702.
    (a) Sense of Congress on the Targeted Collection of United States 
Person Information.--It is the sense of Congress that, as proscribed in 
section 702(b)(2), section 702 of the Foreign Intelligence Surveillance 
Act of 1978 has always prohibited, and continues to prohibit, the 
intelligence community from targeting a United States person for 
collection of foreign intelligence information. If the intelligence 
community intends to target a United States person for collection of 
foreign intelligence information under the Foreign Intelligence 
Surveillance Act of 1978, the Government must first obtain an 
individualized court order based upon a finding of probable cause that 
the United States person is a foreign power, an agent of a foreign 
power, or an officer or employee of a foreign power, in order to 
conduct surveillance targeting that United States person.
    (b) Annual Audit of Targeting Decisions Under Section 702.--
        (1) Mandatory review.--Not less frequently than annually, the 
    Department of Justice National Security Division shall review each 
    person targeted under section 702 of the Foreign Intelligence 
    Surveillance Act of 1978 in the preceding year to ensure that the 
    purpose of each targeting decision is not to target a known United 
    States person. The results of this review shall be submitted to the 
    Department of Justice Office of the Inspector General, the 
    congressional intelligence committees, and the Committees on the 
    Judiciary of the House of Representatives and of the Senate, 
    subject to a declassification review.
        (2) Inspector general audit.--Not less frequently than 
    annually, the Department of Justice Office of the Inspector General 
    shall audit a sampling of the targeting decisions reviewed by the 
    National Security Division under paragraph (1) and submit a report 
    to the congressional intelligence committees and the Committees on 
    the Judiciary of the House of Representatives and of the Senate.
        (3) Certification.--Within 180 days of enactment of this Act, 
    and annually thereafter, each agency authorized to target non-
    United States persons under section 702 shall certify to Congress 
    that the purpose of each targeting decision made in the prior year 
    was not to target a known United States person.
        (4) Application.--The requirements under this subsection apply 
    for any year to the extent that section 702 of the Foreign 
    Intelligence Surveillance Act of 1978 was in effect during any 
    portion of the previous year.
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORM.
    (a) Requirement for Same Judge To Hear Extension Applications.--
Subsection (d) of section 105 is amended by adding at the end the 
following new paragraph:
        ``(5) An extension of an order issued under this title for 
    surveillance targeted against a United States person, to the extent 
    practicable and absent exigent circumstances, shall be granted or 
    denied by the same judge who issued the original order unless the 
    term of such judge has expired or such judge is otherwise no longer 
    serving on the court.''.
    (b) Use of Amici Curiae in Foreign Intelligence Surveillance Court 
Proceedings.--Subsection (i) of section 103 is amended--
        (1) in paragraph (2)--
            (A) by redesignating subparagraphs (A) and (B) as clause 
        (i) and (ii), respectively;
            (B) by striking ``A court established'' and inserting the 
        following subparagraph:
            ``(A) In general.--A court established'';
            (C) in subparagraph (A), as inserted by subparagraph (B) of 
        this section--
                (i) in clause (i), as so redesignated--

                    (I) by striking ``appoint an individual who has'' 
                and inserting ``appoint one or more individuals who 
                have''; and
                    (II) by striking ``; and'' and inserting a 
                semicolon;

                (ii) in clause (ii), as so redesignated--

                    (I) by striking ``appoint an individual or 
                organization'' and inserting ``appoint one or more 
                individuals or organizations''; and
                    (II) by striking the period at the end and 
                inserting ``; and''; and

                (iii) by adding at the end the following new clause:
                ``(iii) shall appoint one or more individuals who have 
            been designated under paragraph (1) to serve as amicus 
            curiae to assist such court in the consideration of any 
            certification or procedures submitted for review pursuant 
            to section 702, including any amendments to such 
            certifications or procedures, if the court established 
            under subsection (a) has not appointed an individual under 
            clause (i) or (ii), unless the court issues a finding that 
            such appointment is not appropriate or is likely to result 
            in undue delay.''; and
            (D) by adding at the end the following new subparagraphs:
            ``(B) Expertise.--In appointing one or more individuals 
        under subparagraph (A)(iii), the court shall, to the maximum 
        extent practicable, appoint an individual who possesses 
        expertise in both privacy and civil liberties and intelligence 
        collection.
            ``(C) Timing.--In the event that the court appoints one or 
        more individuals or organizations pursuant to this paragraph to 
        assist such court in a proceeding under section 702, 
        notwithstanding subsection (j)(1)(B) of such section, the court 
        shall issue an order pursuant to subsection (j)(3) of such 
        section as expeditiously as possible consistent with subsection 
        (k)(1) of such section, but in no event later than 60 days 
        after the date on which such certification, procedures, or 
        amendments are submitted for the court's review, or later than 
        60 days after the court has issued an order appointing one or 
        more individuals pursuant to this paragraph, whichever is 
        earlier, unless a judge of that court issues an order finding 
        that extraordinary circumstances necessitate additional time 
        for review and that such extension of time is consistent with 
        the national security.''; and
        (2) in paragraph (4)--
            (A) by striking ``paragraph (2)(A)'' and inserting 
        ``paragraph (2)'';
            (B) by striking ``provide to the court, as appropriate'';
            (C) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively;
            (D) by inserting before clause (i) the following new 
        subparagraphs:
            ``(A) be limited to addressing the specific issues 
        identified by the court; and
            ``(B) provide to the court, as appropriate--''; and
            (E) in subparagraph (B)(i), as redesignated, by inserting 
        ``of United States persons'' after ``civil liberties''.
    (c) Designation of Counsel To Scrutinize Applications for United 
States Persons.--Section 103 is amended by adding at the end the 
following new subsection:
    ``(l) Designation of Counsel for Certain Applications.--To assist 
the court in the consideration of any application for an order pursuant 
to section 104 that targets a United States person, the presiding judge 
designated under subsection (a) shall designate one or more attorneys 
to review such applications, and provide a written analysis to the 
judge considering the application, of--
        ``(1) the sufficiency of the evidence used to make the probable 
    cause determination under section 105(a)(2);
        ``(2) any material weaknesses, flaws, or other concerns in the 
    application; and
        ``(3) a recommendation as to the following, which the judge 
    shall consider during a proceeding on the application in which such 
    attorney is present, as appropriate--
            ``(A) that the application should be approved, denied, or 
        modified;
            ``(B) that the Government should supply additional 
        information in connection with such application; or
            ``(C) that any requirements or conditions should be imposed 
        on the Government for the approval of such application.''.
    (d) Member Access to the Foreign Intelligence Surveillance Court 
and Foreign Intelligence Surveillance Court of Review.--The chair and 
ranking minority member of each of the congressional intelligence 
committees, the chairs and ranking members of the Committees on the 
Judiciary of the House of Representatives and of the Senate, the 
Majority and Minority Leaders of the Senate, the Speaker of the House 
of Representatives, and the Minority Leader of the House of 
Representatives shall be entitled to attend any proceeding of the 
Foreign Intelligence Surveillance Court or any proceeding of the 
Foreign Intelligence Surveillance Court of Review. Each person entitled 
to attend a proceeding pursuant to this paragraph may designate not 
more than 2 staff members of such committee or office to attend on 
their behalf, pursuant to such procedures as the Attorney General, in 
consultation with the Director of National Intelligence may establish.
SEC. 6. APPLICATION FOR AN ORDER UNDER THE FOREIGN INTELLIGENCE 
SURVEILLANCE ACT.
    (a) Requirement for Sworn Statements for Factual Assertions.--
        (1) Title i.--Subsection (a)(3) of section 104 is amended by 
    striking ``a statement of'' and inserting ``a sworn statement of''.
        (2) Title iii.--Subsection (a)(3) of section 303 is amended by 
    striking ``a statement of'' and inserting ``a sworn statement of''.
        (3) Section 703.--Subsection (b)(1)(C) of section 703 is 
    amended by striking ``a statement of'' and inserting ``a sworn 
    statement of''.
        (4) Section 704.--Subsection (b)(3) of section 704 is amended 
    by striking ``a statement of'' and inserting ``a sworn statement 
    of''.
        (5) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (b) Prohibition on Use of Politically Derived Information in 
Applications for Certain Orders by the Foreign Intelligence 
Surveillance Court.--
        (1) Title i.--Subsection (a)(6) of section 104 is amended--
            (A) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (E)(ii), by striking the semicolon and 
        inserting ``; and''; and
            (C) by adding after subparagraph (E) the following new 
        subparagraph:
            ``(F) that none of the information included in the 
        statement described in paragraph (3) was solely produced by, 
        derived from information produced by, or obtained using the 
        funds of, a political organization (as such term is defined in 
        section 527 of the Internal Revenue Code of 1986), unless--
                ``(i) the political organization is clearly identified 
            in the body of the statement described in paragraph (3);
                ``(ii) the information has been corroborated; and
                ``(iii) the investigative techniques used to 
            corroborate the information are clearly identified in the 
            body of the statement described in paragraph (3); and''.
        (2) Title iii.--Subsection (a)(6) of section 303 is amended--
            (A) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (E), by striking the semicolon and 
        inserting ``; and''; and
            (C) by inserting after subparagraph (E) the following new 
        subparagraph:
            ``(F) that none of the information included in the 
        statement described in paragraph (3) was solely produced by, 
        derived from information produced by, or obtained using the 
        funds of, a political organization (as such term is defined in 
        section 527 of the Internal Revenue Code of 1986), unless--
                ``(i) the political organization is clearly identified 
            in the body of the statement described in paragraph (3);
                ``(ii) the information has been corroborated; and
                ``(iii) the investigative techniques used to 
            corroborate the information are clearly identified in the 
            body of the statement described in paragraph (3); and''.
        (3) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (c) Prohibition on Use of Press Reports in Applications for Certain 
Orders by the Foreign Intelligence Surveillance Court.--
        (1) Title i.--Subsection (a)(6) of section 104, as amended by 
    this Act, is further amended by adding at the end the following new 
    subparagraph:
            ``(G) that none of the information included in the 
        statement described in paragraph (3) is attributable to or 
        derived from the content of a media source unless the statement 
        includes a clear identification of each author of that content, 
        and where applicable, the publisher of that content, 
        information to corroborate that which was derived from the 
        media source, and an explanation of the investigative 
        techniques used to corroborate the information;''.
        (2) Title iii.--Subsection (a)(6) of section 303, as amended by 
    this Act, is further amended by adding at the end the following new 
    subparagraph:
            ``(G) that none of the information included in the 
        statement described in paragraph (3) is attributable to or 
        derived from the content of a media source unless the statement 
        includes a clear identification of each author of that content, 
        where applicable, the publisher of that content, information to 
        corroborate that which was derived from the media source, and 
        an explanation of the investigative techniques used to 
        corroborate the information;''.
        (3) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (d) Description of Techniques Carried Out Before Application.--
        (1) Title i.--Subsection (a) of section 104, as amended by this 
    Act, is further amended--
            (A) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (B) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(10) with respect to a target who is a United States person, 
    a statement summarizing the investigative techniques carried out 
    before making the application;''.
        (2) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (e) Requirement for Certain Justification Prior to Extension of 
Orders.--
        (1) Applications for extension of orders under title i.--
    Subsection (a) of section 104, as amended by this Act, is further 
    amended by adding at the end the following new paragraph:
        ``(11) in the case of an application for an extension of an 
    order under this title for a surveillance targeted against a United 
    States person, a summary statement of the foreign intelligence 
    information obtained pursuant to the original order (and any 
    preceding extension thereof) as of the date of the application for 
    the extension, or a reasonable explanation of the failure to obtain 
    such information; and''.
        (2) Applications for extension of orders under title iii.--
    Subsection (a) of section 303, as amended by this Act, is further 
    amended--
            (A) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (B) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following new paragraph:
        ``(9) in the case of an application for an extension of an 
    order under this title in which the target of the physical search 
    is a United States person, a summary statement of the foreign 
    intelligence information obtained pursuant to the original order 
    (and any preceding extension thereof) as of the date of the 
    application for the extension, or a reasonable explanation of the 
    failure to obtain such information; and''.
        (3) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (f) Requirement for Justification of Underlying Criminal Offense in 
Certain Applications.--
        (1) Title i.--Subsection (a)(3)(A) of section 104 is amended by 
    inserting before the semicolon at the end the following: ``, and, 
    in the case of a target that is a United States person alleged to 
    be acting as an agent of a foreign power (as described in section 
    101(b)(2)(B)), that a violation of the criminal statutes of the 
    United States as referred to in section 101(b)(2)(B) has occurred 
    or is about to occur''.
        (2) Title iii.--Subsection (a)(3)(A) of section 303 is amended 
    by inserting before the semicolon at the end the following: ``, 
    and, in the case of a target that is a United States person alleged 
    to be acting as an agent of a foreign power (as described in 
    section 101(b)(2)(B)), that a violation of the criminal statutes of 
    the United States as referred to in section 101(b)(2)(B) has 
    occurred or is about to occur''.
        (3) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
    (g) Modification to Duration of Approved Period Under Certain 
Orders for Non-United States Persons.--
        (1) Title i.--Subsection (d) of section 105 is amended--
            (A) in paragraph (1)--
                (i) in subparagraph (A), by striking ``against a 
            foreign power, as defined in section 101(a), (1), (2), or 
            (3),'' and inserting ``against a foreign power''; and
                (ii) in subparagraph (B), by striking ``120 days'' and 
            inserting ``one year''; and
            (B) by striking paragraph (2); and
            (C) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.
        (2) Title iii.--Subsection (d) of section 304 is amended--
            (A) in paragraph (1)--
                (i) in subparagraph (A), by striking ``against a 
            foreign power, as defined in paragraph (1), (2), or (3) of 
            section 101(a),'' and inserting ``against a foreign 
            power''; and
                (ii) in subparagraph (B), by striking ``120 days'' and 
            inserting ``one year''; and
            (B) by striking paragraph (2); and
            (C) by redesignating paragraph (3) as paragraph (2).
SEC. 7. PUBLIC DISCLOSURE AND DECLASSIFICATION OF CERTAIN DOCUMENTS.
    Subsection (a) of section 602 is amended by inserting after ``shall 
conduct a declassification review'' the following: ``, to be concluded 
as soon as practicable, but not later than 180 days after the 
commencement of such review,''.
SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS.
    (a) Requirement for Transcripts of Proceedings.--Subsection (c) of 
section 103 is amended--
        (1) by inserting ``, and hearings shall be transcribed'' before 
    the first period;
        (2) by inserting ``, transcriptions of hearings,'' after 
    ``applications made''; and
        (3) by adding at the end the following new sentence: 
    ``Transcriptions and any related records, including testimony and 
    affidavits, shall be stored in a file associated with the relevant 
    application or order.''.
    (b) Requirement for Notification to Congress of Certain 
Transcripts.--Subsection (c) of section 601 is amended--
        (1) in paragraph (1), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (2), by striking the period and inserting a 
    semicolon; and
        (3) by adding at the end the following new paragraphs:
        ``(3) for any hearing, oral argument, or other proceeding 
    before the Foreign Intelligence Surveillance Court or Foreign 
    Intelligence Surveillance Court of Review for which a court 
    reporter produces a transcript, not later than 45 days after the 
    government receives the final transcript or the date on which the 
    matter of the hearing, oral argument, or other proceeding is 
    resolved, whichever is later, a notice of the existence of such 
    transcript. Not later than three business days after a committee 
    referred to in subsection (a) requests to review an existing 
    transcript, the Attorney General shall facilitate such request; and
        ``(4) a copy of each declassified document that has undergone 
    review under section 602.''.
SEC. 9. AUDIT OF FISA COMPLIANCE BY INSPECTOR GENERAL.
    (a) Inspector General Report on Federal Bureau of Investigation 
Querying Practices.--
        (1) Report.--Not later than 545 days after the date of 
    enactment of this Act, the Inspector General of the Department of 
    Justice shall submit to the appropriate congressional committees a 
    report on the querying practices of the Federal Bureau of 
    Investigation under section 702.
        (2) Matters included.--The report under paragraph (1) shall 
    include, at a minimum, the following:
            (A) An evaluation of compliance by personnel of the Federal 
        Bureau of Investigation with the querying procedures adopted 
        under section 702(f), with a particular focus on compliance by 
        such personnel with the procedures governing queries using 
        United States person query terms.
            (B) An analysis of each specific reform that, in the view 
        of the Inspector General, is responsible for any identified 
        improvement in the Federal Bureau of Investigation's record of 
        compliance with the querying procedures, including an 
        identification of whether such reform was--
                (i) required by this Act or another Act of Congress;
                (ii) required by the Foreign Intelligence Surveillance 
            Court or the Attorney General; or
                (iii) voluntarily adopted by the Director of the 
            Federal Bureau of Investigation.
            (C) An assessment of the status of the implementation by 
        the Federal Bureau of Investigation of all reforms related to 
        querying that are required by this Act.
            (D) An evaluation of the effectiveness of the Office of 
        Internal Auditing of the Federal Bureau of Investigation with 
        respect to monitoring and improving query compliance by 
        personnel of the Federal Bureau of Investigation.
            (E) Recommendations to further improve compliance with 
        querying procedures by personnel of the Federal Bureau of 
        Investigation, particularly with respect to compliance with the 
        procedures governing queries using United States person query 
        terms.
            (F) Any other relevant matter the Inspector General 
        determines appropriate.
        (3) Form.--The report under paragraph (1) shall be submitted in 
    unclassified form and may include a classified annex.
        (4) Definitions.--In this subsection:
            (A) In general.--Except as provided in this subsection, 
        terms used in this subsection have the meanings given such 
        terms in the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.).
            (B) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                (i) the congressional intelligence committees, as such 
            term is defined in subsection (b) of section 701 of the 
            Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
            1881); and
                (ii) the Committees on the Judiciary of the House of 
            Representatives and the Senate.
  SEC. 10. ACCURACY AND COMPLETENESS OF APPLICATIONS.
    (a) Requirement for Certifications Regarding Accuracy of 
Applications.--
        (1) Title i.--Subsection (a) of section 104, as amended by this 
    Act, is further amended by adding at the end the following new 
    paragraph:
        ``(12) a certification by the applicant or declarant that, to 
    the best knowledge of the applicant or declarant, the Attorney 
    General or a designated attorney for the Government has been 
    apprised of all information that might reasonably--
            ``(A) call into question the accuracy of the application or 
        the reasonableness of any assessment in the application 
        conducted by the department or agency on whose behalf the 
        application is made; or
            ``(B) otherwise raise doubts with respect to the findings 
        required under section 105(a).''.
        (2) Title iii.--Subsection (a) of section 303 is amended by 
    adding at the end the following:
        ``(10) a certification by the applicant that, to the best 
    knowledge of the applicant, the Attorney General or a designated 
    attorney for the Government has been apprised of all information 
    that might reasonably--
            ``(A) call into question the accuracy of the application or 
        the reasonableness of any assessment in the application 
        conducted by the department or agency on whose behalf the 
        application is made; or
            ``(B) otherwise raise doubts with respect to the findings 
        required under section 304(a).''.
        (3) Title iv.--Subsection (c) of section 402 is amended--
            (A) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(4) a certification by the Federal Officer seeking to use the 
    pen register or trap and trace device covered by the application 
    that, to the best knowledge of the Federal Officer, the Attorney 
    General or a designated attorney for the Government has been 
    apprised of all information that might reasonably--
            ``(A) call into question the accuracy of the application or 
        the reasonableness of any assessment in the application 
        conducted by the department or agency on whose behalf the 
        application is made; or
            ``(B) otherwise raise doubts with respect to the findings 
        required under subsection (d).''.
        (4) Title v.--Subsection (b)(2) of section 502 is amended--
            (A) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(E) a statement by the applicant that, to the best 
        knowledge of the applicant, the application fairly reflects all 
        information that might reasonably--
                ``(i) call into question the accuracy of the 
            application or the reasonableness of any assessment in the 
            application conducted by the department or agency on whose 
            behalf the application is made; or
                ``(ii) otherwise raise doubts with respect to the 
            findings required under subsection (c).''.
        (5) Title vii.--
            (A) Section 703.--Subsection (b)(1) of section 703 is 
        amended--
                (i) in subparagraph (I), by striking ``; and'' and 
            inserting a semicolon;
                (ii) in subparagraph (J), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following new 
            subparagraph:
            ``(K) a certification by the applicant that, to the best 
        knowledge of the applicant, the Attorney General or a 
        designated attorney for the Government has been apprised of all 
        information that might reasonably--
                ``(i) call into question the accuracy of the 
            application or the reasonableness of any assessment in the 
            application conducted by the department or agency on whose 
            behalf the application is made; or
                ``(ii) otherwise raise doubts with respect to the 
            findings required under subsection (c).''.
            (B) Section 704.--Subsection (b) of section 704 is 
        amended--
                (i) in paragraph (6), by striking ``; and'' and 
            inserting a semicolon;
                (ii) in paragraph (7), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following new paragraph:
        ``(8) a certification by the applicant that, to the best 
    knowledge of the applicant, the Attorney General or a designated 
    attorney for the Government has been apprised of all information 
    that might reasonably--
            ``(A) call into question the accuracy of the application or 
        the reasonableness of any assessment in the application 
        conducted by the department or agency on whose behalf the 
        application is made; or
            ``(B) otherwise raise doubts with respect to the findings 
        required under subsection (c).''.
        (6) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
        (7) Accuracy procedures.--Not later than 180 days after the 
    date of the enactment of this Act, the Attorney General, in 
    consultation with the Director of the Federal Bureau of 
    Investigation, shall issue procedures governing the review of case 
    files, as appropriate, to ensure that applications to the Foreign 
    Intelligence Surveillance Court under title I or III of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that 
    target United States persons are accurate and complete.
    (b) Disclosure of Exculpatory Information.--
        (1) Title i.--Subsection (a) of section 104, as amended by this 
    Act, is further amended by adding at the end the following new 
    paragraph:
        ``(13) non-cumulative information known to the applicant or 
    declarant that is potentially exculpatory regarding the requested 
    legal findings or any assessment in the application.''.
        (2) Title iii.--Subsection (a) of section 303, as amended by 
    this Act, is further amended by adding at the end the following:
        ``(11) non-cumulative information known to the applicant or 
    declarant that is potentially exculpatory regarding the requested 
    legal findings or any assessment in the application.''.
        (3) Title iv.--Subsection (c) of section 402, as amended by 
    this Act, is further amended--
            (A) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (B) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(5) non-cumulative information known to the Federal officer 
    seeking to use the pen register or trap and trace device covered by 
    the application, that is potentially exculpatory regarding the 
    requested legal findings or any assessment in the application.''.
        (4) Title v.--Subsection (b)(2) of section 502, as amended by 
    this Act, is further amended--
            (A) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (E)(ii), by striking the period at the 
        end and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(F) non-cumulative information known to the applicant 
        that is potentially exculpatory regarding the requested legal 
        findings or any assessment in the application.''.
        (5) Title vii.--
            (A) Section 703.--Subsection (b)(1) of section 703, as 
        amended by this Act, is further amended--
                (i) in subparagraph (J), by striking ``; and'' and 
            inserting a semicolon;
                (ii) in subparagraph (K), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following new 
            subparagraph:
            ``(L) non-cumulative information known to the applicant or 
        declarant that is potentially exculpatory regarding the 
        requested legal findings or any assessment in the 
        application.''.
            (B) Section 704.--Subsection (b) of section 704, as amended 
        by this Act, is further amended--
                (i) in paragraph (7), by striking ``; and'' and 
            inserting a semicolon;
                (ii) in paragraph (8), by striking the period at the 
            end and inserting ``; and''; and
                (iii) by adding at the end the following new paragraph:
        ``(9) non-cumulative information known to the applicant or 
    declarant that is potentially exculpatory regarding the requested 
    legal findings or any assessment in the application.''.
        (6) Applicability.--The amendments made by this subsection 
    shall apply with respect to applications made on or after the date 
    that is 120 days after the date of enactment of this Act.
  SEC. 11. ANNUAL REPORT OF THE FEDERAL BUREAU OF INVESTIGATION AND 
      QUARTERLY REPORT TO CONGRESS.
    (a) Revocation of Statutory Reporting Exemption and Additional 
Reporting Requirement for Federal Bureau of Investigation.--
        (1) In general.--Section 603, as amended by this Act, is 
    further amended--
            (A) in subsection (b)(2)(B) by inserting ``(or combined 
        unminimized contents and noncontents information)'' after 
        ``unminimized contents'';
            (B) in subsection (d), by amending paragraph (2) to read as 
        follows:
        ``(2) Nonapplicability to electronic mail address and telephone 
    numbers.--Paragraph (3)(B) of subsection (b) shall not apply to 
    orders resulting in the acquisition of information by the Federal 
    Bureau of Investigation that does not include electronic mail 
    addresses or telephone numbers.''; and
            (C) by inserting the following new subsection:
    ``(f) Mandatory Reporting on Section 702 by Director of Federal 
Bureau of Investigation.--
        ``(1) Annual report.--The Director of the Federal Bureau of 
    Investigation shall annually submit to the Permanent Select 
    Committee on Intelligence and the Committee on the Judiciary of the 
    House of Representatives and the Select Committee on Intelligence 
    and the Committee on the Judiciary of the Senate a report that 
    includes--
            ``(A) the number of United States person queries by the 
        Federal Bureau of Investigation of unminimized contents or 
        noncontents acquired pursuant to section 702(a);
            ``(B) the number of approved queries using the Federal 
        Bureau of Investigation's batch job technology, or successor 
        tool;
            ``(C) the number of queries using the Federal Bureau of 
        Investigation's batch job technology, or successor tool, 
        conducted by the Federal Bureau of Investigation against 
        information acquired pursuant to section 702(a) for which pre-
        approval was not obtained due to emergency circumstances;
            ``(D) the number of United States person queries conducted 
        by the Federal Bureau of Investigation of unminimized contents 
        or noncontents acquired pursuant to section 702(a) solely to 
        retrieve evidence of a crime;
            ``(E) a good faith estimate of the number of United States 
        person query terms used by the Federal Bureau of Investigation 
        to conduct queries of unminimized contents or noncontents 
        acquired pursuant to section 702(a) primarily to protect the 
        United States person who is the subject of the query; and
            ``(F) a good faith estimate of the number of United States 
        person query terms used by the Federal Bureau of Investigation 
        to conduct queries of unminimized contents or noncontents 
        acquired pursuant to section 702(a) where the United States 
        person who is the subject of the query is a target or subject 
        of an investigation by the Federal Bureau of Investigation.
        ``(2) Public availability.--Subject to declassification review 
    by the Attorney General and the Director of National Intelligence, 
    each annual report submitted pursuant to paragraph (1) shall be 
    available to the public during the first April following the 
    calendar year covered by the report.
        ``(3) Quarterly report.--Beginning on the date that is not 
    later than 1 year after the effective date of this paragraph, the 
    Director of the Federal Bureau of Investigation shall submit a 
    quarterly report to the congressional intelligence committees and 
    to the Committees on the Judiciary of the House of Representatives 
    and of the Senate that includes the number of U.S. person queries 
    conducted during that quarter.''.
        (2) Effective date.--The amendments made by this subsection 
    shall take effect on January 1, 2025.
  SEC. 12. ADVERSE PERSONNEL ACTIONS FOR FEDERAL BUREAU OF 
      INVESTIGATION.
    (a) Annual Reporting on Disciplinary Actions by Federal Bureau of 
Investigation.--Section 603 is amended--
        (1) by redesignating subsection (e) as subsection (g); and
        (2) by inserting the following new subsection:
    ``(e) Mandatory Reporting by Director of Federal Bureau of 
Investigation.--The Director of the Federal Bureau of Investigation 
shall annually submit to the Permanent Select Committee on Intelligence 
and the Committee on Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate, a report describing the accountability actions taken by the 
Federal Bureau of Investigation in the preceding 12-month period for 
noncompliant querying of information acquired under section 702 and any 
such actions taken pursuant to section 103(m), to include the number of 
ongoing personnel investigations, the outcome of any completed 
personnel investigations and any related adverse personnel actions 
taken.''.
    (b) Accountability Measures for Executive Leadership of Federal 
Bureau of Investigation.--
        (1) Measures required.--The Director of the Federal Bureau of 
    Investigation shall ensure that, as soon as practicable following 
    the date of enactment of this Act, there are in effect measures for 
    holding the executive leadership of each covered component 
    appropriately accountable for ensuring compliance with covered 
    procedures by the personnel of the Federal Bureau of Investigation 
    assigned to that covered component. Such measures shall include a 
    requirement for an annual evaluation of the executive leadership of 
    each such covered component with respect to ensuring such 
    compliance during the preceding year.
        (2) Briefings required.--
            (A) Briefings.--Not later than December 31 of each calendar 
        year, the Federal Bureau of Investigation shall provide to the 
        appropriate congressional committees a briefing on the 
        implementation of paragraph (1).
            (B) Matters.--Each briefing under subparagraph (A) shall 
        include, with respect to the period covered by the briefing, 
        the following:
                (i) A description of specific measures under paragraph 
            (1) that the Federal Bureau of Investigation has 
            implemented.
                (ii) A description of specific measures under such 
            subsection that the Federal Bureau of Investigation has 
            proposed to be implemented or modified, and the timeline 
            for such proposed implementation or modification.
                (iii) A summary of compliance with covered procedures 
            by the personnel of the Federal Bureau of Investigation, 
            disaggregated by covered component, and a description of 
            any adverse personnel actions taken against, or other 
            actions taken to ensure the appropriate accountability of, 
            the executive leadership of covered components that 
            underperformed with respect to ensuring such compliance.
        (3) Definitions.--In this subsection:
            (A) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                (i) the congressional intelligence committees, as such 
            term is defined in subsection (b) of section 701 of the 
            Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
            1881) on the date of enactment of this Act; and
                (ii) the Committees on the Judiciary of the House of 
            Representatives and the Senate.
            (B) Covered component.--The term ``covered component'' 
        means a field office, Headquarters division, or other element 
        of the Federal Bureau of Investigation with personnel who, for 
        any period during which section 702 is in effect, have access 
        to the unminimized contents of communications obtained through 
        acquisitions authorized under section 702(a).
            (C) Covered procedure.--The term ``covered procedure''--
                (i) means any procedure governing the use of 
            authorities under the Foreign Intelligence Surveillance Act 
            of 1978 (50 U.S.C. 1801 et seq.); and
                (ii) includes querying procedures and minimization 
            procedures adopted pursuant to such Act.
            (D) Executive leadership.--The term ``executive 
        leadership'' includes--
                (i) with respect to a field office of the Federal 
            Bureau of Investigation, an Assistant Director in Charge or 
            Special Agent in Charge of the field office; and
                (ii) with respect to a division of the Federal Bureau 
            of Investigation Headquarters, an Assistant Director of the 
            division.
  SEC. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA.
    (a) Penalties for Unauthorized Disclosure of Application for 
Electronic Surveillance.--
        (1) In general.--Subsection (a) of section 109 is amended--
            (A) in the matter preceding paragraph (1), by striking 
        ``intentionally'';
            (B) in paragraph (1)--
                (i) by inserting ``intentionally'' before ``engages 
            in''; and
                (ii) by striking ``; or'' and inserting a semicolon;
            (C) in paragraph (2)--
                (i) by striking ``disclose'' and inserting 
            ``intentionally discloses''; and
                (ii) by striking the period at the end and inserting 
            ``; or''; and
            (D) by adding at the end the following new paragraph:
        ``(3) knowingly and willfully communicates, furnishes, 
    transmits, or otherwise makes available to an unauthorized person, 
    or publishes, or uses in any manner prejudicial to the safety or 
    interest of the United States or for the benefit of any foreign 
    government to the detriment of the United States an application, in 
    whole or in part, for an order for electronic surveillance under 
    this Act.''.
        (2) Conforming amendment.--Subsection (b) of such section is 
    amended by striking ``under subsection (a)'' and inserting ``under 
    paragraph (1) or (2) of subsection (a)''.
    (b) Increased Criminal Penalties for Offense Under FISA.--
Subsection (c) of section 109 is amended to read as follows:
    ``(c) Penalty.--A person guilty of an offense in this section shall 
be fined under title 18, imprisoned for not more than 10 years, or 
both.''.
    (c) Criminal Penalties for Unauthorized Disclosure of Certain 
Incidentally Collected United States Person Information.--Title VII is 
amended by inserting the following new section:
    ``SEC. 709. PENALTIES FOR UNAUTHORIZED DISCLOSURE.
    ``(a) Offense.--A person is guilty of an offense under this section 
if that person knowingly and willfully communicates, furnishes, 
transmits, or otherwise makes available to an unauthorized person, or 
publishes, or uses in any manner prejudicial to the safety or interest 
of the United States or for the benefit of any foreign government to 
the detriment of the United States any classified information that 
contains the contents of any communication acquired under this title to 
which a known United States person is a party.
    ``(b) Penalty.--A person guilty of an offense in this section shall 
be fined under title 18, imprisoned for not more than 8 years, or both.
    ``(c) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an officer 
or employee of the United States at the time the offense was 
committed.''.
    (d) Sentencing Enhancement for False Declarations Before Foreign 
Intelligence Surveillance Court.--Subsection (a) of section 1623 of 
title 18, United States Code, is amended by inserting before ``, or 
both'' the following: ``or, if such proceedings are before or ancillary 
to the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review established by section 103 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), 
imprisoned not more than ten years''.
  SEC. 14. CONTEMPT POWER OF FISC AND FISC-R.
    (a) Contempts Constituting Crimes.--Section 402 of title 18, United 
States Code, is amended by inserting after ``any district court of the 
United States'' the following: ``, including the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Surveillance Court of 
Review established by section 103 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803),''.
    (b) Annual Reporting on Contempt.--Subsection (a)(1) of section 603 
is amended--
        (1) in subparagraph (E), by striking ``; and'' and inserting a 
    semicolon;
        (2) in subparagraph (F), by striking the period and inserting 
    ``; and''; and
        (3) by adding at the end the following:
            ``(G) the number of times the Foreign Intelligence 
        Surveillance Court and the Foreign Intelligence Surveillance 
        Court of Review exercised authority under chapter 21 of title 
        18, United States Code and a description of each use of such 
        authority.''.
  SEC. 15. INCREASED PENALTIES FOR CIVIL ACTIONS.
    (a) Increased Penalties.--Subsection (a) of section 110 is amended 
to read as follows:
    ``(a) actual damages, but not less than liquidated damages equal to 
the greater of--
        ``(1) if the aggrieved person is a United States person, 
    $10,000 or $1,000 per day for each day of violation; or
        ``(2) for any other aggrieved person, $1,000 or $100 per day 
    for each day of violation;''.
    (b) Reporting Requirement.--Title I of the Foreign Intelligence 
Surveillance Act of 1978 is amended by inserting after section 110 the 
following:
``SEC. 110A. REPORTING REQUIREMENTS FOR CIVIL ACTIONS.
    ``(a) Report to Congress.--If a court finds that a person has 
violated this Act in a civil action under section 110, the head of the 
agency that employs that person shall report to Congress on the 
administrative action taken against that person pursuant to section 
103(m) or any other provision of law.
    ``(b) Report to Foreign Intelligence Surveillance Court.--If a 
court finds that a person has violated this Act in a civil action under 
section 110, the head of the agency that employs that person shall 
report the name of such person to the Foreign Intelligence Surveillance 
Court. The Foreign Intelligence Surveillance Court shall maintain a 
list of each person about whom it received a report under this 
subsection.''.
  SEC. 16. ACCOUNTABILITY STANDARDS FOR INCIDENTS RELATING TO QUERIES 
      CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION.
    (a) Requirement for Adoption of Certain Minimum Accountability 
Standards.--
        (1) Minimum accountability standards.--Subsection (f) of 
    section 702, as amended by this Act, is further amended by 
    inserting after paragraph (3) the following new paragraph:
        ``(4) Minimum accountability standards.--The Director of the 
    Federal Bureau of Investigation shall issue minimum accountability 
    standards that set forth escalating consequences for noncompliant 
    querying of United States person terms within the contents of 
    communications that were acquired under this section. Such 
    standards shall include, at minimum, the following:
            ``(A) Zero tolerance for willful misconduct.
            ``(B) Escalating consequences for unintentional 
        noncompliance, including the threshold for mandatory revocation 
        of access to query information acquired under this section.
            ``(C) Consequences for supervisors who oversee users that 
        engage in noncompliant queries.''.
        (2) Deadlines.--Not later than 90 days after the date of the 
    enactment of this Act, the Director of the Federal Bureau of 
    Investigation shall issue the minimum accountability standards 
    required under subsection (f)(4) of section 702 of the Foreign 
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a).
        (3) Reports.--
            (A) Submission of standards.--Not later than 90 days after 
        the date of the enactment of this Act, the Director of the 
        Federal Bureau of Investigation shall submit to the appropriate 
        congressional committees the minimum accountability standards 
        issued under paragraph (1).
            (B) Annual report on implementation.--Not later than 
        December 1, 2024, and annually thereafter for 3 years, the 
        Director of the Federal Bureau of Investigation shall submit to 
        the appropriate congressional committees a report detailing 
        each adverse personnel action taken pursuant to the minimum 
        accountability standards and a description of the conduct that 
        led to each such action.
        (4) Definition of appropriate congressional committees.--In 
    this section, the term ``appropriate congressional committees'' 
    means--
            (A) the congressional intelligence committees, as such term 
        is defined in subsection (b) of section 701 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and
            (B) the Committees on the Judiciary of the House of 
        Representatives and of the Senate.
  SEC. 17. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT 
      BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
    (a) Removal or Suspension of Federal Officers for Misconduct Before 
Foreign Intelligence Surveillance Court.--Section 103, as amended by 
this Act, is further amended by adding at the end the following new 
subsection:
    ``(m) Removal or Suspension of Federal Officers for Misconduct 
Before Courts.--An officer or employee of the United States Government 
who engages in intentional misconduct with respect to proceedings 
before the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review shall be subject to 
appropriate adverse actions, including, at minimum, suspension without 
pay or removal, up to and including termination.''.
  SEC. 18. REPORTS AND OTHER MATTERS.
    (a) Notification to Congress of Certain Unauthorized Disclosures.--
If the Director of National Intelligence becomes aware of an actual or 
potential significant unauthorized disclosure or compromise of 
information acquired under section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as practicable, but 
not later than 7 days after the date on which the Director becomes so 
aware, the Director shall notify the congressional intelligence 
committees of such actual or potential disclosure or compromise.
    (b) Report on Technology Needed for Near-real Time Monitoring of 
Federal Bureau of Investigation Compliance.--
        (1) Study required.--The Director of National Intelligence, in 
    coordination with the National Security Agency and in consultation 
    with the Federal Bureau of Investigation, shall conduct a study on 
    technological enhancements that would enable the Federal Bureau of 
    Investigation to conduct near-real time monitoring of compliance in 
    any system of the Federal Bureau of Investigation that stores 
    information acquired under section 702. Such study shall consider 
    the potential cost and assess the feasibility of implementation 
    within a period of one year of each technological enhancement under 
    consideration.
        (2) Submission.--Not later than one year after the date of 
    enactment of this Act, the Director of National Intelligence shall 
    submit the results of the study to the appropriate congressional 
    committees.
        (3) Definitions.--In this section the term ``appropriate 
    congressional committees'' means--
            (A) the congressional intelligence committees, as such term 
        is defined in subsection (b) of section 701 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and
            (B) the Committees on the Judiciary of the House of 
        Representatives and the Senate.
    (c) FISA Reform Commission.--
        (1) Establishment.--
            (A) In general.--There is established a commission to 
        consider ongoing reforms to the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
            (B) Designation.--The commission established under 
        subparagraph (A) shall be known as the ``FISA Reform 
        Commission'' (in this section the ``Commission'').
        (2) Membership.--
            (A) Composition.--
                (i) In general.--Subject to clause (ii), the Commission 
            shall be composed of the following members:

                    (I) The Principal Deputy Director of National 
                Intelligence.
                    (II) The Deputy Attorney General.
                    (III) The Deputy Secretary of Defense.
                    (IV) The Deputy Secretary of State.
                    (V) The Chair of the Privacy and Civil Liberties 
                Oversight Board.
                    (VI) Three members appointed by the majority leader 
                of the Senate, in consultation with the Chairman of the 
                Select Committee on Intelligence of the Senate and the 
                Chairman of the Committee on the Judiciary of the 
                Senate, 1 of whom shall be a member of the Senate and 2 
                of whom shall not be.
                    (VII) Three members appointed by the minority 
                leader of the Senate, in consultation with the Vice 
                Chairman of the Select Committee on Intelligence of the 
                Senate and the Ranking Member of the Committee on the 
                Judiciary of the Senate, 1 of whom shall be a member of 
                the Senate and 2 of whom shall not be.
                    (VIII) Three members appointed by the Speaker of 
                the House of Representatives, in consultation with the 
                Chairman of the Permanent Select Committee on 
                Intelligence of the House of Representatives and the 
                Chairman of the Committee on the Judiciary of the House 
                of Representatives, 1 of whom shall be a member of the 
                House of Representatives and 2 of whom shall not be.
                    (IX) Three members appointed by the minority leader 
                of the House of Representatives, in consultation with 
                the Ranking Member of the Permanent Select Committee on 
                Intelligence of the House of Representatives and the 
                Ranking Member of the Committee on the Judiciary of the 
                House of Representatives, 1 of whom shall be a member 
                of the House of Representatives and 2 of whom shall not 
                be.

                (ii) Nonmembers of congress.--

                    (I) Qualifications.--The members of the Commission 
                who are not members of Congress and who are appointed 
                under subclauses (VI) through (IX) of clause (i) shall 
                be individuals who are nationally recognized for 
                expertise, knowledge, or experience in--

                        (aa) use of intelligence information by the 
                    intelligence community (as defined in section 3 of 
                    the National Security Act of 1947 (50 U.S.C. 
                    3003)), national policymakers, and military 
                    leaders;
                        (bb) the implementation, funding, or oversight 
                    of the national security laws of the United States;
                        (cc) privacy, civil liberties, and 
                    transparency; or
                        (dd) laws and policies governing methods of 
                    electronic surveillance.

                    (II) Conflicts of interest.--An official who 
                appoints members of the Commission may not appoint an 
                individual as a member of the Commission if such 
                individual possesses any personal or financial interest 
                in the discharge of any of the duties of the 
                Commission.
                    (III) Security clearances.--All members of the 
                Commission described in subclause (I) shall possess an 
                appropriate security clearance in accordance with 
                applicable provisions of law concerning the handling of 
                classified information.

            (B) Co-chairs.--
                (i) In general.--The Commission shall have 2 co-chairs, 
            selected from among the members of the Commission.
                (ii) Agreement.--The individuals who serve as the co-
            chairs of the Commission shall be agreed upon by the 
            members of the Commission.
        (3) Appointment; initial meeting.--
            (A) Appointment.--Members of the Commission shall be 
        appointed not later than 90 days after the date of the 
        enactment of this Act.
            (B) Initial meeting.--The Commission shall hold its initial 
        meeting on or before the date that is 180 days after the date 
        of the enactment of this Act.
        (4) Meetings; quorum; vacancies.--
            (A) In general.--After its initial meeting, the Commission 
        shall meet upon the call of the co-chairs of the Commission.
            (B) Quorum.--Nine members of the Commission shall 
        constitute a quorum for purposes of conducting business, except 
        that 2 members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (C) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (D) Quorum with vacancies.--If vacancies in the Commission 
        occur on any day after 90 days after the date of the enactment 
        of this Act, a quorum shall consist of a majority of the 
        members of the Commission as of such day.
        (5) Duties.--The duties of the Commission are as follows:
            (A) To review the effectiveness of the current 
        implementation of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.).
            (B) To develop recommendations for legislative action to 
        reform the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) that provide for the effective conduct of 
        United States intelligence activities and the protection of 
        privacy and civil liberties.
        (6) Powers of commission.--
            (A) In general.--
                (i) Hearings.--The Commission or, on the authorization 
            of the Commission, any subcommittee or member thereof, may, 
            for the purpose of carrying out this section--

                    (I) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, and administer such oaths; and
                    (II) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, and documents, as the Commission or 
                such designated subcommittee or designated member 
                considers necessary.

                (ii) Issuance and enforcement of subpoenas.--

                    (I) Issuance.--A subpoena issued under clause 
                (i)(II) shall--

                        (aa) bear the signature of the co-chairs of the 
                    Commission; and
                        (bb) be served by a person or class of persons 
                    designated by the co-chairs for that purpose.

                    (II) Enforcement.--The provisions of sections 102 
                through 104 of the Revised Statutes of the United 
                States (2 U.S.C. 192-194) shall apply in the case of 
                any failure of a witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                paragraph.

            (B) Information from federal agencies.--
                (i) In general.--The Commission may secure directly 
            from any executive department, agency, bureau, board, 
            commission, office, independent establishment, or 
            instrumentality of the Federal Government information, 
            suggestions, estimates, and statistics for the purposes of 
            this section.
                (ii) Furnishing information.--Each such department, 
            agency, bureau, board, commission, office, establishment, 
            or instrumentality described in clause (i) shall, to the 
            extent authorized by law, furnish such information, 
            suggestions, estimates, and statistics directly to the 
            Commission, upon request of the co-chairs of the 
            Commission.
                (iii) Protection of classified information.--The 
            Commission shall handle and protect all classified 
            information provided to it under this section in accordance 
            with applicable provisions of law.
            (C) Assistance from federal agencies.--
                (i) Director of national intelligence.--The Director of 
            National Intelligence shall provide to the Commission, on a 
            nonreimbursable basis, such administrative services, funds, 
            staff, facilities, and other support services as are 
            necessary for the performance of the duties of the 
            Commission under this section.
                (ii) Attorney general.--The Attorney General may 
            provide the Commission, on a nonreimbursable basis, with 
            such administrative services, staff, and other support 
            services as the Commission may request.
                (iii) Other departments and agencies.--In addition to 
            the assistance set forth in clauses (i) and (ii), other 
            departments and agencies of the United States may provide 
            the Commission such services, funds, facilities, staff, and 
            other support as such departments and agencies consider 
            advisable and as may be authorized by law.
                (iv) Cooperation.--The Commission shall receive the 
            full and timely cooperation of any official, department, or 
            agency of the Federal Government whose assistance is 
            necessary, as jointly determined by the co-chairs selected 
            under paragraph (2)(B), for the fulfillment of the duties 
            of the Commission, including the provision of full and 
            current briefings and analyses.
            (D) Postal services.--The Commission may use the United 
        States postal services in the same manner and under the same 
        conditions as the departments and agencies of the Federal 
        Governments.
            (E) Gifts.--No member or staff of the Commission may 
        receive a gift or benefit by reason of the service of such 
        member or staff to the Commission.
        (7) Staff of commission.--
            (A) Appointment and compensation of staff.--The co-chairs 
        of the Commission, in accordance with rules agreed upon by the 
        Commission, shall appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its duties, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable to a 
        person occupying a position at level V of the Executive 
        Schedule under section 5316 of such title.
            (B) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement from the Commission, and such detailee shall 
        retain the rights, status, and privileges of his or her regular 
        employment without interruption.
            (C) Security clearances.--All staff of the Commission and 
        all experts and consultants employed by the Commission shall 
        possess a security clearance in accordance with applicable 
        provisions of law concerning the handling of classified 
        information.
        (8) Compensation and travel expenses.--
            (A) Compensation of members.--
                (i) In general.--Except as provided in subparagraph 
            (B), each member of the Commission may be compensated at 
            not to exceed the daily equivalent of the annual rate of 
            basic pay in effect for a position at level IV of the 
            Executive Schedule under section 5315 of title 5, United 
            States Code, for each day during which that member is 
            engaged in the actual performance of the duties of the 
            Commission under this title.
                (ii) Exception.--Members of the Commission who are 
            officers or employees of the United States or Members of 
            Congress shall receive no additional pay by reason of their 
            service on the Commission.
            (B) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, a member of the Commission may be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703 of 
        title 5, United States Code.
        (9) Treatment of information relating to national security.--
            (A) In general.--The Director of National Intelligence 
        shall assume responsibility for the handling and disposition of 
        any information related to the national security of the United 
        States that is received, considered, or used by the Commission 
        under this title.
            (B) Information provided by congressional intelligence 
        committees.--Any information related to the national security 
        of the United States that is provided to the Commission by a 
        congressional intelligence committee may not be further 
        provided or released without the approval of the chairman of 
        such committee.
            (C) Access after termination of commission.--
        Notwithstanding any other provision of law, after the 
        termination of the Commission under paragraph (10)(B), only the 
        members and designated staff of the congressional intelligence 
        committees, the Director of National Intelligence (and the 
        designees of the Director), and such other officials of the 
        executive branch of the Federal Government as the President may 
        designate shall have access to information related to the 
        national security of the United States that is received, 
        considered, or used by the Commission.
        (10) Final report; termination.--
            (A) Final report.--
                (i) Definitions.--In this subparagraph:

                    (I) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--

                        (aa) the congressional intelligence committees;
                        (bb) the Committee on the Judiciary of the 
                    Senate; and
                        (cc) the Committee on the Judiciary of the 
                    House of Representatives.

                    (II) Congressional leadership.--The term 
                ``congressional leadership'' means--

                        (aa) the majority leader of the Senate;
                        (bb) the minority leader of the Senate;
                        (cc) the Speaker of the House of 
                    Representatives; and
                        (dd) the minority leader of the House of 
                    Representatives.
                (ii) Final report required.--Not later than 5 years 
            from the date of enactment of this Act, the Commission 
            shall submit to the appropriate committees of Congress, 
            congressional leadership, the Director of National 
            Intelligence, and the Attorney General a final report on 
            the findings of the Commission.
                (iii) Form of final report.--The final report submitted 
            pursuant to clause (ii) shall be in unclassified form but 
            may include a classified annex.
                (iv) Assessments of final report.--Not later than 1 
            year after receipt of the final report under clause (ii), 
            the Director of National Intelligence and the Attorney 
            General shall each submit to the appropriate committees of 
            Congress and congressional leadership an assessment of such 
            report.
            (B) Termination.--
                (i) In general.--The Commission, and all the 
            authorities of this section, shall terminate on the date 
            that is 2 years after the date on which the final report is 
            submitted under subparagraph (A)(ii).
                (ii) Wind-down period.--The Commission may use the 2-
            year period referred to in clause (i) for the purposes of 
            concluding its activities, including providing testimony to 
            Congress concerning the final report referred to in that 
            paragraph and disseminating the report.
        (11) Inapplicability of certain administrative provisions.--
            (A) Federal advisory committee act.--The provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the activities of the Commission under this section.
            (B) Freedom of information act.--The provisions of section 
        552 of title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act''), shall not apply to the 
        activities, records, and proceedings of the Commission under 
        this section.
        (12) Funding.--
            (A) Authorization of appropriations.--There is authorized 
        to be appropriated funds to the extent and in such amounts as 
        specifically provided in advance in appropriations acts for the 
        purposes detailed in this subsection.
            (B) Availability in general.--Subject to subparagraph (A), 
        the Director of National Intelligence shall make available to 
        the Commission such amounts as the Commission may require for 
        purposes of the activities of the Commission under this 
        section.
            (C) Duration of availability.--Amounts made available to 
        the Commission under subparagraph (B) shall remain available 
        until expended or upon termination under paragraph (10)(B), 
        whichever occurs first.
        (13) Congressional intelligence committees defined.--In this 
    subsection, the term ``congressional intelligence committees'' 
    means--
            (A) the Select Committee on Intelligence of the Senate; and
            (B) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
    (d) Severability; Applicability Date.--
        (1) Severability.--If any provision of this Act, any amendment 
    made by this Act, or the application thereof to any person or 
    circumstances is held invalid, the validity of the remainder of the 
    Act, of any such amendments, and of the application of such 
    provisions to other persons and circumstances shall not be affected 
    thereby.
        (2) Applicability date.--Subsection (f) of section 702 of the 
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as 
    amended by this Act, shall apply with respect to certifications 
    submitted under subsection (h) of such section to the Foreign 
    Intelligence Surveillance Court after January 1, 2024.
  SEC. 19. EXTENSION OF CERTAIN AUTHORITIES.
    (a) FISA Amendments Act of 2008.--Section 403(b) of the FISA 
Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2474) is 
amended--
        (1) in paragraph (1)--
            (A) by striking ``April 19, 2024'' and inserting ``two 
        years after the date of enactment of the Reforming Intelligence 
        and Securing America Act''; and
            (B) by inserting ``and the Reforming Intelligence and 
        Securing America Act'' after ``the FISA Amendments 
        Reauthorization Act of 2017''; and
        (2) in paragraph (2) in the matter preceding subparagraph (A), 
    by striking ``April 19, 2024'' and inserting ``two years after the 
    date of enactment of the Reforming Intelligence and Securing 
    America Act''.
    (b) Conforming Amendments.--Section 404(b) of the FISA Amendments 
Act of 2008 (Public Law 110-261; 122 Stat. 2476), is amended--
        (1) in paragraph (1)--
            (A) in the heading, by striking ``April 19, 2024'' and 
        inserting ``Two Years After the Date of Enactment of the 
        Reforming Intelligence and Securing America Act''; and
            (B) by inserting ``and the Reforming Intelligence and 
        Securing America Act'' after ``the FISA Amendments 
        Reauthorization Act of 2017'';
        (2) in paragraph (2), by inserting ``and the Reforming 
    Intelligence and Securing America Act'' after ``the FISA Amendments 
    Reauthorization Act of 2017''; and
        (3) in paragraph (4), by inserting ``and the Reforming 
    Intelligence and Securing America Act'' after ``the FISA Amendments 
    Reauthorization Act of 2017'' in each place it appears.
  SEC. 20. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
      1978.
    (a) References to Foreign Intelligence Surveillance Act of 1978.--
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    (b) Effect of Certain Amendments on Conforming Changes to Tables of 
Contents.--When an amendment made by this Act adds a section or larger 
organizational unit to the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.), repeals or transfers a section or larger 
organizational unit in such Act, or amends the designation or heading 
of a section or larger organizational unit in such Act, that amendment 
also shall have the effect of amending the table of contents in such 
Act to alter the table to conform to the changes made by the amendment.
  SEC. 21. REQUIREMENT FOR RECERTIFICATION.
    Notwithstanding any orders or authorizations issued or made under 
section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1881a) during the period beginning on January 1, 2024 and ending 
on April 30, 2024, no later than 90 days after the date of enactment of 
this Act, the Attorney General and the Director of National 
Intelligence shall be required to seek new orders consistent with the 
provisions of the Foreign Intelligence Surveillance Act of 1978, as 
amended by this Act, and thereafter to issue new authorizations 
consistent with such new orders.
  SEC. 22. REPEAL OF AUTHORITY FOR THE RESUMPTION OF ABOUTS COLLECTION.
    (a) In General.--Section 702(b)(5) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(b)(5)) is amended by striking 
``, except as provided under section 103(b) of the FISA Amendments 
Reauthorization Act of 2017''.
    (b) Conforming Amendments.--
        (1) Foreign intelligence surveillance act of 1978.--Section 
    702(m) of the Foreign Intelligence Surveillance Act of 1978 (50 
    U.S.C. 1881a(m)) is amended--
            (A) in the subsection heading, by striking ``Reviews, and 
        Reporting'' and inserting ``and Reviews''; and
            (B) by striking paragraph (4).
        (2) FISA amendments reauthorization act of 2017.--Section 103 
    of the FISA Amendments Reauthorization Act of 2017 (Public Law 115-
    118; 50 U.S.C. 1881a note) is amended--
            (A) by striking subsection (b); and
            (B) by striking ``(a) In General.--''.
  SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN 
      INTELLIGENCE.
    Section 101(e)(1) is amended--
        (1) in subparagraph (B), by striking ``; or'' and inserting a 
    semicolon; and
        (2) by adding at the end the following new subparagraph:
            ``(D) international production, distribution, or financing 
        of illicit synthetic drugs, opioids, cocaine, or other drugs 
        driving overdose deaths, or precursors of any aforementioned; 
        or''.
  SEC. 24. VETTING OF NON-UNITED STATES PERSONS.
    Subsection (f) of section 702, as amended by this Act, is further 
amended by adding at the end the following new paragraph:
        ``(6) Vetting of non-united states persons.--For any procedures 
    for one or more agencies adopted under paragraph (1)(A), the 
    Attorney General, in consultation with the Director of National 
    Intelligence, shall ensure that the procedures enable the vetting 
    of all non-United States persons who are being processed for travel 
    to the United States using terms that do not qualify as United 
    States person query terms under this Act.''.
  SEC. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER.
    (a) Section 701(b)(4) is amended--
        (1) by redesignating subparagraph (E) as subparagraph (F);
        (2) in subparagraph (D), by striking ``; or'' and inserting a 
    semicolon;
        (3) by inserting after subparagraph (D) the following new 
    subparagraph:
            ``(E) any other service provider who has access to 
        equipment that is being or may be used to transmit or store 
        wire or electronic communications, but not including any entity 
        that serves primarily as--
                ``(i) a public accommodation facility, as that term is 
            defined in section 501(4);
                ``(ii) a dwelling, as that term is defined in section 
            802 of the Fair Housing Act (42 U.S.C. 3602);
                ``(iii) a community facility, as that term is defined 
            in section 315 of the Defense Housing and Community 
            Facilities and Services Act of 1951 (42 U.S.C. 1592n); or
                ``(iv) a food service establishment, as that term is 
            defined in section 281 of the Agricultural Marketing Act of 
            1946 (7 U.S.C. 1638); or'';
        (4) in subparagraph (F), as redesignated--
            (A) by inserting ``custodian,'' after ``employee,'';
            (B) by striking ``or'' before ``(D)''; and
            (C) by inserting ``, or (E)'' after ``(D)''.
    (b) Paragraph (6) of section 801 of the Foreign Intelligence 
Surveillance Act of 1978 is amended--
        (1) by redesignating subparagraphs (E) and (F) as subparagraphs 
    (F) and (G), respectively;
        (2) in subparagraph (F), as redesignated, by striking ``; or'' 
    and inserting a semicolon;
        (3) by inserting after subparagraph (D) the following new 
    subparagraph:
            ``(E) any other service provider who has access to 
        equipment that is being or may be used to transmit or store 
        wire or electronic communications, but not including any entity 
        that serves primarily as--
                ``(i) a public accommodation facility, as that term is 
            defined in section 501(4);
                ``(ii) a dwelling, as that term is defined in section 
            802 of the Fair Housing Act (42 U.S.C. 3602);
                ``(iii) a community facility, as that term is defined 
            in section 315 of the Defense Housing and Community 
            Facilities and Services Act of 1951 (42 U.S.C. 1592n); or
                ``(iv) a food service establishment, as that term is 
            defined in section 281 of the Agricultural Marketing Act of 
            1946 (7 U.S.C. 1638);''; and
        (4) in subparagraph (G), as redesignated--
            (A) by inserting ``custodian,'' after ``employee,'';
            (B) by striking ``or'' before ``(E)''; and
            (C) by inserting ``, or (F)'' after ``(E)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.