[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3351 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3351

 To amend the Foreign Intelligence Surveillance Act of 1978 to extend 
 certain expiring authorities, to restore certain expired authorities, 
   and to institute reforms to protect the civil liberties of United 
                States persons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 28, 2023

    Mr. Warner (for himself, Mr. Rubio, Mr. Graham, Mr. Wicker, Ms. 
Collins, Mr. King, Mr. Bennet, Mr. Casey, Mrs. Gillibrand, Mr. Rounds, 
Mr. Kelly, Ms. Klobuchar, Mr. Moran, Mr. Lankford, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to extend 
 certain expiring authorities, to restore certain expired authorities, 
   and to institute reforms to protect the civil liberties of United 
                States persons, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign 
Intelligence Surveillance Act of 1978 Reform and Reauthorization Act of 
2023'' or the ``FISA Reform and Reauthorization Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--REFORM AND REAUTHORIZATION OF TITLE VII OF FISA

Sec. 101. Extension of title VII of FISA.
Sec. 102. Expanded protections for United States person queries.
Sec. 103. Federal Bureau of Investigation compliance requirements.
Sec. 104. Additional reporting regarding the FBI's use of section 702 
                            of FISA.
Sec. 105. Increased oversight of activities involving Members of 
                            Congress.
Sec. 106. Exception for consensual queries.
Sec. 107. Procedures to enable travel vetting of non-United States 
                            persons.
            TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS

Sec. 201. Certifications regarding accuracy of FISA applications.
Sec. 202. Submission of court transcripts to Congress.
Sec. 203. Enhanced authorities for amicus curiae.
Sec. 204. Prohibition on use of politically derived information in 
                            applications for certain orders by the 
                            Foreign Intelligence Surveillance Court.
Sec. 205. Investigations relating to Federal candidates and elected 
                            Federal officials.
Sec. 206. Removal or suspension of Federal officers for misconduct 
                            before Foreign Intelligence Surveillance 
                            Court.
Sec. 207. Additional penalties for offenses relating to FISA.
Sec. 208. Contempts constituting crimes before the Foreign Intelligence 
                            Surveillance Court and the Foreign 
                            Intelligence Surveillance Court of Review.
Sec. 209. Effective and independent advice for the Foreign Intelligence 
                            Surveillance Court and the Foreign 
                            Intelligence Surveillance Court of Review.
Sec. 210. Enhancements to congressional oversight.
Sec. 211. Establishment of compliance officers.
Sec. 212. FISA Reform Commission.

        TITLE I--REFORM AND REAUTHORIZATION OF TITLE VII OF FISA

SEC. 101. EXTENSION OF TITLE VII OF FISA.

    (a) Extension.--Section 403(b) of the Foreign Intelligence 
Surveillance Act of 1978 Amendments Act of 2008 is amended--
            (1) in paragraph (1) (Public Law 110-261; 50 U.S.C. 1881 
        note)--
                    (A) by striking ``December 31, 2023'' and inserting 
                ```December 31, 2035''; and
                    (B) by striking ``and by the FISA Amendments 
                Reauthorization Act of 2017'' and inserting ``, the 
                FISA Amendments Reauthorization Act of 2017, and the 
                Foreign Intelligence Surveillance Act of 1978 Reform 
                and Reauthorization Act of 2023''; and
            (2) in paragraph (2) (Public Law 110-261; 18 U.S.C. 2511 
        note), in the matter preceding subparagraph (A), by striking 
        ``December 31, 2023'' and inserting ``December 31, 2035''.
    (b) Conforming Amendments.--Section 404(b) of the Foreign 
Intelligence Surveillance Act of 1978 Amendments Act of 2008 is 
amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking 
                ``december 31, 2023'' and inserting ``December 31, 
                2035''; and
                    (B) by striking ``and by the FISA Amendments 
                Reauthorization Act of 2017'' and inserting ``, the 
                FISA Amendments Reauthorization Act of 2017, and the 
                Foreign Intelligence Surveillance Act of 1978 Reform 
                and Reauthorization Act of 2023'';
            (2) in paragraph (2), by striking ``and by the FISA 
        Amendments Reauthorization Act of 2017'' and inserting ``, the 
        FISA Amendments Reauthorization Act of 2017, and the Foreign 
        Intelligence Surveillance Act of 1978 Reform and 
        Reauthorization Act of 2023''; and
            (3) in paragraph (4), by striking ``and by the FISA 
        Amendments Reauthorization Act of 2017'' each place it appears 
        and inserting ``, the FISA Amendments Reauthorization Act of 
        2017, and the Foreign Intelligence Surveillance Act of 1978 
        Reform and Reauthorization Act of 2023''.

SEC. 102. EXPANDED PROTECTIONS FOR UNITED STATES PERSON QUERIES.

    Paragraph (2) of section 702(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is amended to read as 
follows:
            ``(2) Prohibition of queries that are solely designed to 
        find and extract evidence of a crime.--
                    ``(A) Prohibition.--Except as provided by 
                subparagraph (B), the querying procedures adopted under 
                paragraph (1) shall prohibit queries of information 
                collected pursuant to an authorization under subsection 
                (a) that are solely designed to find and extract 
                evidence of criminal activity.
                    ``(B) Exceptions.--The restriction under 
                subparagraph (A) prohibiting certain queries of 
                information collected pursuant to an authorization 
                under subsection (a) shall not apply with respect to a 
                query if--
                            ``(i) there is a reasonable belief that 
                        such query may retrieve information that could 
                        assist in mitigating or eliminating a threat to 
                        life or serious bodily harm; or
                            ``(ii) such query is necessary to identify 
                        information that must be produced or preserved 
                        in connection with a litigation matter or to 
                        fulfill discovery obligations in criminal 
                        matters under the laws of the United States or 
                        any State thereof.''.

SEC. 103. FEDERAL BUREAU OF INVESTIGATION COMPLIANCE REQUIREMENTS.

    Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(f)), as amended by section 102, is further amended--
            (1) by redesignating paragraph (3) as paragraph (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Requirements relating to federal bureau of 
        investigation.--
                    ``(A) In general.--For any procedures adopted under 
                paragraph (1) for the Federal Bureau of Investigation, 
                the Attorney General, in consultation with the Director 
                of National Intelligence, shall also ensure that the 
                procedures--
                            ``(i) prohibit personnel of the Bureau from 
                        conducting any query, unless such personnel 
                        successfully complete relevant training;
                            ``(ii) require that all systems of the 
                        Bureau that store unminimized contents or 
                        noncontents obtained through acquisitions 
                        authorized under subsection (a) together with 
                        contents or noncontents obtained through other 
                        lawful means must--
                                    ``(I) be configured such that 
                                personnel of the Bureau must 
                                affirmatively opt-in in order to 
                                include such unminimized contents or 
                                noncontents obtained through 
                                acquisitions authorized under 
                                subsection (a) when running a query; or
                                    ``(II) contain other controls 
                                reasonably expected to prevent 
                                inadvertent queries of unminimized 
                                contents or noncontents obtained 
                                through acquisitions authorized under 
                                subsection (a);
                            ``(iii) require prior approval from an 
                        attorney of the Bureau for any query using the 
                        Bureau's batch job technology or a successor 
                        tool, absent exigent circumstances;
                            ``(iv) require prior approval, absent 
                        exigent circumstances, from the Director of the 
                        Bureau, the Deputy Director of the Bureau, or 
                        the Executive Assistant Director for the 
                        National Security Branch of the Bureau, in 
                        coordination with the General Counsel of the 
                        Bureau or an attorney designated by the General 
                        Counsel to provide appropriate legal review, 
                        for any query term reasonably believed to 
                        identify--
                                    ``(I) a United States elected 
                                official;
                                    ``(II) an appointee of the 
                                President or a State Governor;
                                    ``(III) a United States political 
                                candidate;
                                    ``(IV) a United States political 
                                organization or an individual prominent 
                                in such organization;
                                    ``(V) a United States news media or 
                                a member of a United States news media; 
                                or
                                    ``(VI) a United States religious 
                                organization or an individual prominent 
                                in such organization; and
                            ``(v) require that, prior to conducting a 
                        query using a United States person query term, 
                        personnel of the Bureau provide a written 
                        statement of the specific factual basis to 
                        believe that such query meets the standard 
                        required by the procedures adopted under 
                        paragraph (1).
                    ``(B) Record of written statements.--The Director 
                of the Federal Bureau of Investigation shall develop a 
                technical procedure whereby a record is kept of each 
                written statement provided pursuant to subparagraph 
                (A)(v).
                    ``(C) Waiver authority for foreign intelligence 
                surveillance court.--If the Foreign Intelligence 
                Surveillance Court finds that the procedures adopted 
                under paragraph (1) for the Federal Bureau of 
                Investigation include measures that are reasonably 
                expected to result in similar compliance outcomes as 
                the measures specified in clauses (i) through (v) of 
                subparagraph (A), the Foreign Intelligence Surveillance 
                Court may waive one or more of the requirements 
                specified in such clauses.
            ``(4) Accountability procedures for federal bureau of 
        investigation.--
                    ``(A) In general.--The Director of the Federal 
                Bureau of Investigation shall adopt accountability 
                procedures which shall be reasonably designed to ensure 
                investigation, consequences, and disciplinary action, 
                where appropriate, for query compliance incidents.
                    ``(B) Requirement to provide notification of 
                material changes.--The Director of the Federal Bureau 
                of Investigation shall--
                            ``(i) provide the Select Committee on 
                        Intelligence of the Senate and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives the procedures adopted in 
                        accordance with subparagraph (A); and
                            ``(ii) promptly provide to such committees 
                        notice whenever any material change is made to 
                        the procedures adopted in accordance with 
                        subparagraph (A).''.

SEC. 104. ADDITIONAL REPORTING REGARDING THE FBI'S USE OF SECTION 702 
              OF FISA.

    (a) In General.--Section 603 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1873) is amended by--
            (1) in subsection (b)(2)(B), inserting ``(or combination of 
        unminimized contents and noncontents information)'' after 
        ``unminimized contents'';
            (2) in subsection (d)(2), by striking ``to certain 
        information'' and all that follows through ``Electronic mail 
        address and telephone numbers'' and inserting ``to electronic 
        mail address and telephone numbers'';
            (3) redesignating subsection (e) as subsection (f); and
            (4) inserting after subsection (d) the following:
    ``(e) Mandatory Reporting by Director of the Federal Bureau of 
Investigation.--
            ``(1) Annual report.--Each year, the Director of the 
        Federal Bureau of Investigation shall submit to the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate and the Permanent Select Committee on Intelligence 
        and the Committee on the Judiciary of the House of 
        Representatives an annual report that includes--
                    ``(A) the number of United States person queries by 
                the Federal Bureau of Investigation of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a);
                    ``(B) the number of approved queries using the 
                Federal Bureau of Investigation's batch job technology, 
                or successor tool;
                    ``(C) the number of queries using the Federal 
                Bureau of Investigation's batch job technology, or 
                successor tool, conducted by the Federal Bureau of 
                Investigation against information acquired pursuant to 
                section 702(a) for which pre-approval was not obtained 
                due to emergency circumstances;
                    ``(D) the number of United States person queries 
                conducted by the Federal Bureau of Investigation of 
                unminimized contents or noncontents acquired pursuant 
                to section 702(a) solely to retrieve evidence of a 
                crime;
                    ``(E) a good faith estimate of the number of United 
                States person query terms used by the Federal Bureau of 
                Investigation to conduct queries of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a) primarily to protect the United States person 
                who is the subject of the query; and
                    ``(F) a good faith estimate of the number of United 
                States person query terms used by the Federal Bureau of 
                Investigation to conduct queries of unminimized 
                contents or noncontents acquired pursuant to section 
                702(a) where the United States person who is the 
                subject of the query is a target or subject of an 
                investigation by the Federal Bureau of Investigation.
            ``(2) Public availability.--Subject to declassification 
        review by the Attorney General and the Director of National 
        Intelligence, each annual report submitted pursuant to 
        paragraph (1) shall be available to the public during the first 
        April following the calendar year covered by the report.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2025.

SEC. 105. INCREASED OVERSIGHT OF ACTIVITIES INVOLVING MEMBERS OF 
              CONGRESS.

    Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(f)(1)), as amended by sections 102 and 103, is further 
amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after subparagraph (4), the following:
            ``(5) Additional notification requirement for certain 
        federal bureau of investigation queries.--
                    ``(A) In general.--If the Federal Bureau of 
                Investigation knowingly conducts 1 or more queries 
                using query terms reasonably likely to identify 1 or 
                more specific individuals who are Members of Congress, 
                the Director of the Federal Bureau of Investigation 
                shall promptly notify each Member of Congress specified 
                in subparagraph (B), as well as each Member who is the 
                subject of the query, of such query.
                    ``(B) Members specified.--The Members of Congress 
                specified in this clause are the following:
                            ``(i) The chairperson and ranking Member of 
                        each of the following:
                                    ``(I) The Select Committee on 
                                Intelligence of the Senate.
                                    ``(II) The Committee on the 
                                Judiciary of the Senate.
                                    ``(III) The Permanent Select 
                                Committee on Intelligence of the House 
                                of Representatives.
                                    ``(IV) The Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            ``(ii) The majority leader of the Senate.
                            ``(iii) The minority leader of the Senate.
                            ``(iv) The Speaker of the House of 
                        Representatives.
                            ``(v) The minority leader of the House of 
                        Representatives.
                    ``(C) National security considerations.--In 
                submitting a notification under subparagraph (A), the 
                Director shall give due regard to the protection of 
                classified information, sources and methods, and 
                national security.
                    ``(D) Waiver.--
                            ``(i) In general.--The Director may waive a 
                        notification required under subparagraph (A) if 
                        the Director determines such notification would 
                        impede an ongoing national security or law 
                        enforcement investigation.
                            ``(ii) Termination.--A waiver under clause 
                        (i) shall terminate on the earliest of--
                                    ``(I) the date the Director 
                                determines the relevant notification 
                                would not impede the relevant national 
                                security or law enforcement 
                                investigation; or
                                    ``(II) the date that such 
                                investigation ends.''.

SEC. 106. EXCEPTION FOR CONSENSUAL QUERIES.

    Section 702(f)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(f)(1)) is amended by adding at the end the 
following:
                    ``(D) Consensual queries.--The query standard set 
                forth in the procedures adopted pursuant to 
                subparagraph (A) shall include an exception for cases 
                in which the subject of the query, or a third party 
                authorized to consent on behalf of the subject, has 
                provided consent for the query.''.

SEC. 107. PROCEDURES TO ENABLE TRAVEL VETTING OF NON-UNITED STATES 
              PERSONS.

    Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(f)), as amended by section 105, is further amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after subparagraph (5) the following:
            ``(6) Travel vetting of non-united states persons.--For any 
        procedures adopted under paragraph (1)(A), the Attorney 
        General, in consultation with the Director of National 
        Intelligence, shall ensure that the procedures enable the 
        vetting of non-United States persons who are being processed 
        for travel to the United States using terms that do not qualify 
        as United States person query terms under this Act.''.

            TITLE II--ACCURACY AND INTEGRITY OF FISA PROCESS

SEC. 201. CERTIFICATIONS REGARDING ACCURACY OF FISA APPLICATIONS.

    (a) Title I.--Subsection (a) of section 104 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
            (1) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) a certification by the applicant or declarant that, 
        to the best knowledge of the applicant or declarant, the 
        attorney for the Government and the Department of Justice has 
        been apprised of all information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 105(a).''.
    (b) Title III.--Subsection (a) of section 303 of such Act (50 
U.S.C. 1823) is amended--
            (1) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 304(a).''.
    (c) Title IV.--Subsection (c) of section 402 of such Act (50 U.S.C. 
1842) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) a certification by the Federal officer seeking to use 
        the pen register or trap and trace device covered by the 
        application that, to the best knowledge of the Federal officer, 
        the attorney for the Government and the Department of Justice 
        has been apprised of all information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (d).''.
    (d) Title V.--Subsection (b) of section 502 of such Act (50 U.S.C. 
1862) is amended--
            (1) in paragraph (1)(B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (2)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) shall include a statement by the applicant that, to 
        the best knowledge of the applicant, the application fairly 
        reflects all information that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (c).''.
    (e) Title VII.--
            (1) Section 703.--Subsection (b)(1) of section 703 of such 
        Act (50 U.S.C. 1881b) is amended--
                    (A) in subparagraph (I), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (J), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(K) a certification by the applicant that, to the 
                best knowledge of the applicant, the attorney for the 
                Government and the Department of Justice has been 
                apprised of all information that might reasonably--
                            ``(i) call into question the accuracy of 
                        the application or the reasonableness of any 
                        assessment in the application conducted by the 
                        department or agency on whose behalf the 
                        application is made; or
                            ``(ii) otherwise raise doubts with respect 
                        to the findings required under subsection 
                        (c).''.
            (2) Section 704.--Subsection (b) of section 704 of such Act 
        (50 U.S.C. 1881c) is amended--
                    (A) in paragraph (6), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) a certification by the applicant that, to the best 
        knowledge of the applicant, the attorney for the Government and 
        the Department of Justice has been apprised of all information 
        that might reasonably--
                    ``(A) call into question the accuracy of the 
                application or the reasonableness of any assessment in 
                the application conducted by the department or agency 
                on whose behalf the application is made; or
                    ``(B) otherwise raise doubts with respect to the 
                findings required under subsection (c).''.
    (f) Review of Case Files To Ensure Accuracy.--Not later than 180 
days after the date of the enactment of this Act, the Attorney General, 
in consultation with the Director of the Federal Bureau of 
Investigation, shall issue procedures governing the review of case 
files, as appropriate, to ensure that applications to the Foreign 
Intelligence Surveillance Court under title I or III of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that 
target United States persons are accurate and complete.

SEC. 202. SUBMISSION OF COURT TRANSCRIPTS TO CONGRESS.

    Section 601(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) for any matter at which a court reporter is present 
        and creates a transcript of a hearing or oral argument before 
        the Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review, a copy of each such 
        transcript not later than 45 days after the government's 
        receipt of the transcript or the date on which the matter 
        concerning such hearing or oral argument is resolved, whichever 
        is later.''.

SEC. 203. ENHANCED AUTHORITIES FOR AMICUS CURIAE.

    (a) Expansion of Appointment Authority.--
            (1) In general.--Section 103(i)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)) is 
        amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) shall appoint 1 or more individuals who have 
                been designated under paragraph (1), not less than 1 of 
                whom possesses privacy and civil liberties expertise, 
                unless the court finds that such a qualification is 
                inappropriate, to serve as amicus curiae to assist the 
                court in the consideration of any application or motion 
                for an order or review that, in the opinion of the 
                court--
                            ``(i) presents a novel or significant 
                        interpretation of the law, unless the court 
                        issues a finding that such appointment is not 
                        appropriate;
                            ``(ii) presents exceptional concerns with 
                        respect to the activities of a United States 
                        person that are protected by the first 
                        amendment to the Constitution of the United 
                        States, unless the court issues a finding that 
                        such appointment is not appropriate;
                            ``(iii) targets a United States person and 
                        presents or involves a sensitive investigative 
                        matter, unless--
                                    ``(I) the matter represents an 
                                immediate danger to human life; and
                                    ``(II) the court issues a finding 
                                that such appointment is not 
                                appropriate;
                            ``(iv) targets a United States person and 
                        presents a request for approval of a new 
                        programmatic surveillance or reauthorization of 
                        it, unless the court issues a finding that such 
                        appointment is not appropriate; or
                            ``(v) targets a United States person and 
                        otherwise presents novel or exceptional civil 
                        liberties issues, unless the court issues a 
                        finding that such appointment is not 
                        appropriate; and''; and
                    (B) in subparagraph (B), by striking ``an 
                individual or organization'' each place the term 
                appears and inserting ``one or more individuals or 
                organizations''.
            (2) Definition of sensitive investigative matter.--
        Subsection (i) of section 103 of such Act (50 U.S.C. 1803) is 
        amended by adding at the end the following:
            ``(12) Definition of sensitive investigative matter.--In 
        this subsection, the term `sensitive investigative matter' 
        means--
                    ``(A) an investigative matter that targets a United 
                States person who is--
                            ``(i) a United States elected official;
                            ``(ii) an appointee of the President or a 
                        State Governor;
                            ``(iii) a United States political 
                        candidate;
                            ``(iv) a United States political 
                        organization or an individual prominent in such 
                        organization;
                            ``(v) a United States news media or member 
                        of a United States news media; or
                            ``(vi) a United States religious 
                        organization or an individual prominent in such 
                        organization; or
                    ``(B) any other investigative matter involving a 
                domestic entity or a known or presumed United States 
                person that, in the judgment of the applicable court 
                established under subsection (a) or (b), is as 
                sensitive as an investigative matter described in 
                subparagraph (A).''.
    (b) Authority To Seek Review.--Subsection (i) of such section (50 
U.S.C. 1803), as amended by subsection (a) of this section, is 
amended--
            (1) in paragraph (4)--
                    (A) in the paragraph heading, by inserting ``; 
                authority'' after ``Duties'';
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively, and 
                adjusting the margins accordingly;
                    (C) in the matter preceding clause (i), as so 
                designated, by striking ``the amicus curiae shall'' and 
                inserting the following: ``the amicus curiae--
                    ``(A) shall'';
                    (D) in subparagraph (A)(i), as so designated, by 
                inserting before the semicolon at the end the 
                following: ``, including legal arguments regarding any 
                privacy or civil liberties interest of any United 
                States person that would be significantly impacted by 
                the application or motion''; and
                    (E) by striking the period at the end and inserting 
                the following: ``; and
                    ``(B) may seek leave to raise any novel or 
                significant privacy or civil liberties issue relevant 
                to the application or motion or other issue directly 
                impacting the legality of the proposed electronic 
                surveillance with the court, regardless of whether the 
                court has requested assistance on that issue.'';
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (8) through (13), respectively; and
            (3) by inserting after paragraph (6) the following:
            ``(7) Authority to seek review of decisions.--
                    ``(A) FISA court decisions.--Following issuance of 
                a final order under this Act by the Foreign 
                Intelligence Surveillance Court in a matter in which an 
                amicus curiae was appointed under paragraph (2), that 
                amicus curiae may petition the Foreign Intelligence 
                Surveillance Court to certify for review to the Foreign 
                Intelligence Surveillance Court of Review a question of 
                law pursuant to subsection (j). If the court denies 
                such petition, the court shall provide for the record a 
                written statement of the reasons for such denial. Upon 
                certification of any question of law pursuant to this 
                subparagraph, the Court of Review shall appoint the 
                amicus curiae to assist the Court of Review in its 
                consideration of the certified question, unless the 
                Court of Review issues a finding that such appointment 
                is not appropriate.
                    ``(B) FISA court of review decisions.--An amicus 
                curiae appointed under paragraph (2) may petition the 
                Foreign Intelligence Surveillance Court of Review to 
                certify for review to the Supreme Court of the United 
                States any question of law pursuant to section 1254(2) 
                of title 28, United States Code, in the matter in which 
                that amicus curiae was appointed.
                    ``(C) Declassification of referrals.--For purposes 
                of section 602, if the Foreign Intelligence 
                Surveillance Court or Foreign Intelligence Surveillance 
                Court of Review denies a petition filed under 
                subparagraph (A) or (B) of this paragraph, that 
                petition and all of its content shall be considered a 
                decision, order, or opinion issued by the Foreign 
                Intelligence Surveillance Court or the Foreign 
                Intelligence Surveillance Court of Review described in 
                paragraph (2) of section 602(a).''.
    (c) Access to Information.--
            (1) Application and Materials.--Subparagraph (A) of section 
        103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is amended to read 
        as follows:
                    ``(A) In general.--
                            ``(i) Right of amicus.--If a court 
                        established under subsection (a) or (b) 
                        appoints an amicus curiae under paragraph (2), 
                        the amicus curiae--
                                    ``(I) shall have access to, to the 
                                extent such information is available to 
                                the Government and the court 
                                established under subsection (a) or (b) 
                                determines it is necessary to fulfill 
                                the duties of the amicus curiae--
                                            ``(aa) the application, 
                                        certification, petition, 
                                        motion, and other information 
                                        and supporting materials 
                                        submitted to the Foreign 
                                        Intelligence Surveillance Court 
                                        in connection with the matter 
                                        in which the amicus curiae has 
                                        been appointed, including 
                                        access to any relevant legal 
                                        precedent (including any such 
                                        precedent that is cited by the 
                                        Government, including in such 
                                        an application);
                                            ``(bb) a copy of each 
                                        relevant decision made by the 
                                        Foreign Intelligence 
                                        Surveillance Court or the 
                                        Foreign Intelligence 
                                        Surveillance Court of Review in 
                                        which the court decides a 
                                        question of law, without regard 
                                        to whether the decision is 
                                        classified; and
                                            ``(cc) any other 
                                        information or materials that 
                                        the court determines are 
                                        relevant to the duties of the 
                                        amicus curiae; and
                                    ``(II) may make a submission to the 
                                court requesting access to any other 
                                particular materials or information (or 
                                category of materials or information) 
                                that the amicus curiae believes to be 
                                relevant to the duties of the amicus 
                                curiae.
                            ``(ii) Supporting documentation regarding 
                        accuracy.--The Foreign Intelligence 
                        Surveillance Court, upon the motion of an 
                        amicus curiae appointed under paragraph (2) or 
                        upon its own motion, may require the Government 
                        to make available the supporting documentation 
                        if the court determines the information is 
                        relevant to the duties of the amicus curiae.''.
            (2) Clarification of access to certain information.--Such 
        section is further amended by striking subparagraph (C) and 
        inserting the following:
                    ``(C) Classified information.--An amicus curiae 
                appointed by the court shall have access, to the extent 
                such information is available to the Government and the 
                court determines such information is relevant to the 
                duties of the amicus curiae in the matter in which the 
                amicus curiae was appointed, to copies of each opinion, 
                order, transcript, pleading, or other document of the 
                Foreign Intelligence Surveillance Court and the Foreign 
                Intelligence Surveillance Court of Review, including, 
                if the individual is eligible for access to classified 
                information, any classified documents, information, and 
                other materials or proceedings, but only to the extent 
                consistent with the national security of the United 
                States.''.
            (3) Consultation among amici curiae.--Such section is 
        further amended--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Consultation.--If the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review determines that it is 
                relevant to the duties of an amicus curiae appointed by 
                the court under paragraph (2), the amicus curiae may 
                consult with 1 or more of the other individuals 
                designated by the court to serve as amicus curiae 
                pursuant to paragraph (1) regarding any of the 
                information relevant to any assigned proceeding.''.
    (d) Term Limits.--
            (1) Requirement.--Paragraph (1) of section 103(i) of such 
        Act (50 U.S.C. 1803(i)) is amended by adding at the end the 
        following new sentence: ``An individual may serve as an amicus 
        curiae for a 5-year term, and the presiding judges may, for 
        good cause, jointly reappoint the individual to a single 
        additional term.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply with respect to the service of an amicus curiae appointed 
        under section 103(i) of such Act (50 U.S.C. 1803(i)) that 
        occurs on or after the date of the enactment of this Act, 
        regardless of the date on which the amicus curiae is appointed.

SEC. 204. PROHIBITION ON USE OF POLITICALLY DERIVED INFORMATION IN 
              APPLICATIONS FOR CERTAIN ORDERS BY THE FOREIGN 
              INTELLIGENCE SURVEILLANCE COURT.

    (a) Title I Orders.--Section 104(a)(6) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E)(ii), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding after subparagraph (E) the following new 
        subparagraph:
                    ``(F) that none of the information included in the 
                statement described in paragraph (3) was solely 
                produced by, derived from, or collected using funds of, 
                a political organization (as defined in section 527 of 
                the Internal Revenue Code of 1986) for the purpose of 
                gaining an advantage against, or otherwise conducting 
                research on, an opposing political candidate, unless--
                            ``(i) the political organization that 
                        produced the information is clearly identified 
                        in the body of the statement;
                            ``(ii) the information has been 
                        corroborated by other investigative techniques; 
                        and
                            ``(iii) the investigative techniques used 
                        to corroborate the information are clearly 
                        identified in the body of the statement.''.
    (b) Title III Orders.--Section 303(a)(6) of such Act (50 U.S.C. 
1823(a)(6)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding after subparagraph (E) the following new 
        subparagraph:
                    ``(F) that none of the information included in the 
                statement described in paragraph (3) was solely 
                produced by, derived from, or collected using funds of, 
                a political organization (as defined in section 527 of 
                the Internal Revenue Code of 1986) for the purpose of 
                gaining an advantage against, or otherwise conducting 
                research on, an opposing political candidate, unless--
                            ``(i) the political organization that 
                        produced the information is clearly identified 
                        in the body of the statement;
                            ``(ii) the information has been 
                        corroborated by other investigative techniques; 
                        and
                            ``(iii) the investigative techniques used 
                        to corroborate the information are clearly 
                        identified in the body of the statement.''.

SEC. 205. INVESTIGATIONS RELATING TO FEDERAL CANDIDATES AND ELECTED 
              FEDERAL OFFICIALS.

    (a) Title I.--Section 104(a)(6) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)), as amended by section 
204, is further amended by adding at the end the following new 
subparagraph:
                    ``(G) if the target of the electronic surveillance 
                is an elected Federal official or a candidate in a 
                Federal election, that the Attorney General has 
                approved in writing of the investigation;''.
    (b) Title III.--Section 303(a)(6) of such Act (50 U.S.C. 
1823(a)(6)), as amended by section 204, is further amended by adding at 
the end the following new subparagraph:
                    ``(G) if the target of the physical search is an 
                elected Federal official or a candidate in a Federal 
                election, that the Attorney General has approved in 
                writing of the investigation;''.

SEC. 206. REMOVAL OR SUSPENSION OF FEDERAL OFFICERS FOR MISCONDUCT 
              BEFORE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following new 
subsection:
    ``(l) Removal or Suspension of Federal Officers for Misconduct 
Before Courts.--An employee, officer, or contractor of the United 
States Government who knowingly engages in misconduct with respect to 
proceedings before the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review shall be subject to 
appropriate adverse actions, including, as appropriate, suspension 
without pay or removal.''.

SEC. 207. ADDITIONAL PENALTIES FOR OFFENSES RELATING TO FISA.

    (a) False Declarations Before FISC and FISCR.--Section 1623(a) of 
title 18, United States Code, is amended by inserting before ``, or 
both'' the following: ``or, if such proceedings are before or ancillary 
to the Foreign Intelligence Surveillance Court or the Foreign 
Intelligence Surveillance Court of Review established by section 103 of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), 
imprisoned not more than 10 years''.
    (b) Increased Penalty for Unauthorized Use.--Section 109(c) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1809(c)) is 
amended by striking ``five years'' and inserting ``10 years''.
    (c) Unauthorized Disclosure of Applications.--
            (1) In general.--Subsection (a) of section 109 of such Act 
        (50 U.S.C. 1809) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``intentionally'';
                    (B) in paragraph (1)--
                            (i) by inserting ``intentionally'' before 
                        ``engages in''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (C) in paragraph (2)--
                            (i) by inserting ``intentionally'' before 
                        ``disclose or uses''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) is an employee, officer, or contractor of the United 
        States Government and intentionally discloses an application, 
        in whole or in part, for an order under any title of this Act 
        to any person not entitled to receive classified 
        information.''.
            (2) Conforming amendment.--Subsection (b) of such section 
        is amended by striking ``under subsection (a)'' and inserting 
        ``under paragraph (1) or (2) of subsection (a)''.

SEC. 208. CONTEMPTS CONSTITUTING CRIMES BEFORE THE FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT OF REVIEW.

    Section 402 of title 18, United States Code, is amended by 
inserting after ``any district court of the United States'' the 
following: ``, the Foreign Intelligence Surveillance Court or the 
Foreign Intelligence Surveillance Court of Review established by 
section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1803),''.

SEC. 209. EFFECTIVE AND INDEPENDENT ADVICE FOR THE FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE 
              SURVEILLANCE COURT OF REVIEW.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803), as amended by section 206, is further amended by 
adding at the end the following new subsection:
    ``(m) Independent Legal Advisors.--
            ``(1) Authority.--The Foreign Intelligence Surveillance 
        Court and the Foreign Intelligence Surveillance Court of Review 
        may jointly employ legal advisors to assist the courts in all 
        aspects of considering any matter before the courts, including 
        with respect to--
                    ``(A) providing advice on issues of law or fact 
                presented by any application for an order under this 
                Act;
                    ``(B) requesting information from the Government in 
                connection with any such application;
                    ``(C) identifying any concerns with any such 
                application; and
                    ``(D) proposing requirements or conditions for the 
                approval of any such application.
            ``(2) Direction.--The legal advisors employed under 
        paragraph (1) shall be subject solely to the direction of the 
        presiding judges of the Foreign Intelligence Surveillance Court 
        and the Foreign Intelligence Surveillance Court of Review.''.

SEC. 210. ENHANCEMENTS TO CONGRESSIONAL OVERSIGHT.

    (a) In General.--Section 601 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Congressional Oversight.--In a manner consistent with the 
protection of the national security, nothing in this Act or any other 
provision of law may be construed to preclude the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives from receiving in a timely 
manner, upon request, applications submitted under this Act to the 
Foreign Intelligence Surveillance Court, orders of the court, and 
relevant materials relating to such applications and orders.''.
    (b) Conforming Amendment.--Section 602(a) of such Act (50 U.S.C. 
1872(a)) is amended by striking ``in section 601(e)'' and inserting 
``in section 601(f)''.

SEC. 211. ESTABLISHMENT OF COMPLIANCE OFFICERS.

    (a) In General.--Title VI of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1871 et seq.) is amended by adding at the end 
the following new section:

``SEC. 605. COMPLIANCE OFFICERS.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Select Committee on Intelligence and the 
                Committee on the Judiciary of the Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                House of Representatives.
            ``(2) Covered agency.--The term `covered agency' means a 
        department or agency of the United States Government that has 
        the authority to submit applications to the Foreign 
        Intelligence Surveillance Court under this Act and which 
        receives unminimized collection pursuant to orders issued under 
        this Act.
            ``(3) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' has the meaning given 
        that term in section 101.
    ``(b) Appointment.--The head of each covered agency shall appoint a 
single Federal officer to serve as the Compliance Officer for that 
agency.
    ``(c) Compliance.--Each Compliance Officer appointed under 
subsection (b) shall be responsible for overseeing the compliance of 
the relevant covered agency with the requirements of this Act.
    ``(d) Audits.--Each Compliance Officer shall oversee routine audits 
of the compliance by the relevant covered agency with--
            ``(1) the requirements of this Act regarding submitting 
        applications to the Foreign Intelligence Surveillance Court, 
        including with respect to the accuracy of such applications; 
        and
            ``(2) the minimization, targeting, querying, and accuracy 
        procedures required by this Act.
    ``(e) Assessments.--Each Compliance Officer shall--
            ``(1) conduct on a routine basis assessments of the 
        efficacy of the minimization, targeting, querying, and accuracy 
        procedures adopted by the Attorney General pursuant to this 
        Act; and
            ``(2) annually submit to the Assistant Attorney General 
        designated as the Assistant Attorney General for National 
        Security under section 507A of title 28, United States Code, 
        and the head of the relevant covered agency the findings of 
        such assessments, including any recommendations of the 
        Compliance Officer with respect to improving such procedures.
    ``(f) Remediation.--Each Compliance Officer shall ensure the 
appropriate remediation of any compliance issues of the relevant 
covered agency identified pursuant to this section or the rules of the 
Foreign Intelligence Surveillance Court.
    ``(g) Inspectors General Assessments.--On an annual basis, and 
consistent with the protection of sources and methods, each Inspector 
General of a covered agency shall submit to the Foreign Intelligence 
Surveillance Court and the appropriate congressional committees an 
assessment of the implementation of this section by the covered 
agency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Foreign Intelligence Surveillance Act of 1978 is amended by 
inserting after the item relating to section 604 the following new 
item:

``Sec. 605. Compliance officers.''.

SEC. 212. FISA REFORM COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established a commission to 
        consider ongoing reforms to the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
            (2) Designation.--The commission established under 
        paragraph (1) shall be known as the ``FISA Reform Commission'' 
        (in this section the ``Commission'').
    (b) Membership.--
            (1) Composition.--
                    (A) In general.--Subject to subparagraph (B), the 
                Commission shall be composed of the following members:
                            (i) The Principal Deputy Director of 
                        National Intelligence.
                            (ii) The Deputy Attorney General.
                            (iii) The Deputy Secretary of Defense.
                            (iv) The Deputy Secretary of State.
                            (v) The Chair of the Privacy and Civil 
                        Liberties Oversight Board.
                            (vi) Three members appointed by the 
                        majority leader of the Senate, in consultation 
                        with the Chairman of the Select Committee on 
                        Intelligence of the Senate and the Chairman of 
                        the Committee on the Judiciary of the Senate, 1 
                        of whom shall be a member of the Senate and 2 
                        of whom shall not be.
                            (vii) Three members appointed by the 
                        minority leader of the Senate, in consultation 
                        with the Vice Chairman of the Select Committee 
                        on Intelligence of the Senate and the Ranking 
                        Member of the Committee on the Judiciary of the 
                        Senate, 1 of whom shall be a member of the 
                        Senate and 2 of whom shall not be.
                            (viii) Three members appointed by the 
                        Speaker of the House of Representatives, in 
                        consultation with the Chairman of the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives and the Chairman of the 
                        Committee on the Judiciary of the House of 
                        Representatives, 1 of whom shall be a member of 
                        the House of Representatives and 2 of whom 
                        shall not be.
                            (ix) Three members appointed by the 
                        minority leader of the House of 
                        Representatives, in consultation with the 
                        Ranking Member of the Permanent Select 
                        Committee on Intelligence of the House of 
                        Representatives and the Ranking Member of the 
                        Committee on the Judiciary of the House of 
                        Representatives, 1 of whom shall be a member of 
                        the House of Representatives and 2 of whom 
                        shall not be.
                    (B) Nonmembers of congress.--
                            (i) Qualifications.--The members of the 
                        Commission who are not Members of Congress and 
                        who are appointed under clauses (iv) through 
                        (vii) of subparagraph (A) shall be individuals 
                        who are nationally recognized for expertise, 
                        knowledge, or experience in--
                                    (I) use of intelligence information 
                                by the intelligence community (as 
                                defined in section 3 of the National 
                                Security Act of 1947 (50 U.S.C. 3003)), 
                                national policymakers and military 
                                leaders;
                                    (II) the implementation, funding, 
                                or oversight of the national security 
                                laws of the United States;
                                    (III) privacy, civil liberties, and 
                                transparency; or
                                    (IV) laws and policies governing 
                                methods of electronic surveillance.
                            (ii) Conflicts of interest.--An official 
                        who appoints members of the Commission may not 
                        appoint an individual as a member of the 
                        Commission if such individual possesses any 
                        personal or financial interest in the discharge 
                        of any of the duties of the Commission.
                            (iii) Security clearances.--All members of 
                        the Commission described in clause (i) shall 
                        possess an appropriate security clearance in 
                        accordance with applicable provisions of law 
                        concerning the handling of classified 
                        information.
            (2) Co-chairs.--
                    (A) In general.--The Commission shall have 2 co-
                chairs, selected from among the members of the 
                Commission.
                    (B) Agreement.--The individuals who serve as the 
                co-chairs of the Commission shall be agreed upon by the 
                members of the Commission.
    (c) Appointment; Initial Meeting.--
            (1) Appointment.--Members of the Commission shall be 
        appointed not later than 90 days after the date of the 
        enactment of this Act.
            (2) Initial meeting.--The Commission shall hold its initial 
        meeting on or before the date that is 180 days after the date 
        of the enactment of this Act.
    (d) Meetings; Quorum; Vacancies.--
            (1) In general.--After its initial meeting, the Commission 
        shall meet upon the call of the co-chairs of the Commission.
            (2) Quorum.--Nine members of the Commission shall 
        constitute a quorum for purposes of conducting business, except 
        that 2 members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (3) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (4) Quorum with vacancies.--If vacancies in the Commission 
        occur on any day after 90 days after the date of the enactment 
        of this Act, a quorum shall consist of a majority of the 
        members of the Commission as of such day.
    (e) Duties.--The duties of the Commission are as follows:
            (1) To review the effectiveness of the current 
        implementation of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.).
            (2) To develop recommendations for legislative action to 
        reform the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.) that provide for the effective conduct of 
        United States intelligence activities and the protection of 
        privacy and civil liberties.
    (f) Powers of Commission.--
            (1) In general.--
                    (A) Hearings.--The Commission or, on the 
                authorization of the Commission, any subcommittee or 
                member thereof, may, for the purpose of carrying out 
                this section--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, and administer such 
                        oaths; and
                            (ii) require, by subpoena or otherwise, the 
                        attendance and testimony of such witnesses and 
                        the production of such books, records, 
                        correspondence, memoranda, papers, and 
                        documents, as the Commission or such designated 
                        subcommittee or designated member considers 
                        necessary.
                    (B) Issuance and enforcement of subpoenas.--
                            (i) Issuance.--A subpoena issued under 
                        subparagraph (A)(ii) shall--
                                    (I) bear the signature of the co-
                                chairs of the Commission; and
                                    (II) be served by a person or class 
                                of persons designated by the co-chairs 
                                for that purpose.
                            (ii) Enforcement.--The provisions of 
                        sections 102 through 104 of the Revised 
                        Statutes of the United States (2 U.S.C. 192-
                        194) shall apply in the case of any failure of 
                        a witness to comply with any subpoena or to 
                        testify when summoned under authority of this 
                        paragraph.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from any executive department, agency, bureau, board, 
                commission, office, independent establishment, or 
                instrumentality of the Federal Government information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (B) Furnishing information.--Each such department, 
                agency, bureau, board, commission, office, 
                establishment, or instrumentality described in 
                subparagraph (A) shall, to the extent authorized by 
                law, furnish such information, suggestions, estimates, 
                and statistics directly to the Commission, upon request 
                of the co-chairs of the Commission.
                    (C) Protection of classified information.--The 
                Commission shall handle and protect all classified 
                information provided to it under this section in 
                accordance with applicable provisions of law.
            (3) Assistance from federal agencies.--
                    (A) Director of national intelligence.--The 
                Director of National Intelligence shall provide to the 
                Commission, on a nonreimbursable basis, such 
                administrative services, funds, staff, facilities, and 
                other support services as are necessary for the 
                performance of the duties of the Commission under this 
                section.
                    (B) Attorney general.--The Attorney General may 
                provide the Commission, on a nonreimbursable basis, 
                with such administrative services, staff, and other 
                support services as the Commission may request.
                    (C) Other departments and agencies.--In addition to 
                the assistance set forth in subparagraphs (A) and (B), 
                other departments and agencies of the United States may 
                provide the Commission such services, funds, 
                facilities, staff, and other support as such 
                departments and agencies consider advisable and as may 
                be authorized by law.
                    (D) Cooperation.--The Commission shall receive the 
                full and timely cooperation of any official, 
                department, or agency of the Federal Government whose 
                assistance is necessary, as jointly determined by the 
                co-chairs selected under subsection (b)(2), for the 
                fulfillment of the duties of the Commission, including 
                the provision of full and current briefings and 
                analyses.
            (4) Postal services.--The Commission may use the United 
        States postal services in the same manner and under the same 
        conditions as the departments and agencies of the Federal 
        Governments.
            (5) Gifts.--No member or staff of the Commission may 
        receive a gift or benefit by reason of the service of such 
        member or staff to the Commission.
    (g) Staff of Commission.--
            (1) Appointment and compensation of staff.--The co-chairs 
        of the Commission, in accordance with rules agreed upon by the 
        Commission, shall appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its duties, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable to a 
        person occupying a position at level V of the Executive 
        Schedule under section 5316 of such title.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement from the Commission, and such detailee shall 
        retain the rights, status, and privileges of his or her regular 
        employment without interruption.
            (3) Security clearances.--All staff of the Commission and 
        all experts and consultants employed by the Commission shall 
        possess a security clearance in accordance with applicable 
        provisions of law concerning the handling of classified 
        information.
    (h) Compensation and Travel Expenses.--
            (1) Compensation of members.--
                    (A) In general.--Except as provided in paragraph 
                (2), each member of the Commission may be compensated 
                at not to exceed the daily equivalent of the annual 
                rate of basic pay in effect for a position at level IV 
                of the Executive Schedule under section 5315 of title 
                5, United States Code, for each day during which that 
                member is engaged in the actual performance of the 
                duties of the Commission under this title.
                    (B) Exception.--Members of the Commission who are 
                officers or employees of the United States or Members 
                of Congress shall receive no additional pay by reason 
                of their service on the Commission.
            (2) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, a member of the Commission may be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703 of 
        title 5, United States Code.
    (i) Treatment of Information Relating to National Security.--
            (1) In general.--The Director of National Intelligence 
        shall assume responsibility for the handling and disposition of 
        any information related to the national security of the United 
        States that is received, considered, or used by the Commission 
        under this title.
            (2) Information provided by congressional intelligence 
        committees.--Any information related to the national security 
        of the United States that is provided to the Commission by a 
        congressional intelligence committee may not be further 
        provided or released without the approval of the chairman of 
        such committee.
            (3) Access after termination of commission.--
        Notwithstanding any other provision of law, after the 
        termination of the Commission under subsection (j)(2), only the 
        members and designated staff of the congressional intelligence 
        committees, the Director of National Intelligence (and the 
        designees of the Director), and such other officials of the 
        executive branch of the Federal Government as the President may 
        designate shall have access to information related to the 
        national security of the United States that is received, 
        considered, or used by the Commission.
    (j) Final Report; Termination.--
            (1) Final report.--
                    (A) Definitions.--In this paragraph:
                            (i) Appropriate committees of congress.--
                        The term ``appropriate committees of Congress'' 
                        means--
                                    (I) the congressional intelligence 
                                committees;
                                    (II) the Committee on the Judiciary 
                                of the Senate; and
                                    (III) the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            (ii) Congressional leadership.--The term 
                        ``congressional leadership'' means--
                                    (I) the majority leader of the 
                                Senate;
                                    (II) the minority leader of the 
                                Senate;
                                    (III) the Speaker of the House of 
                                Representatives; and
                                    (IV) the minority leader of the 
                                House of Representatives.
                    (B) Final report required.--Not later than 7 years 
                from the date of enactment of this Act, the Commission 
                shall submit to the appropriate committees of Congress, 
                congressional leadership, the Director of National 
                Intelligence, and the Attorney General a final report 
                on the findings of the Commission.
                    (C) Form of final report.--The final report 
                submitted pursuant to subparagraph (B) shall be in 
                unclassified form but may include a classified annex.
                    (D) Assessments of final report.--Not later than 1 
                year after receipt of the final report under 
                subparagraph (B), the Director of National Intelligence 
                and the Attorney General shall each submit to the 
                appropriate committees of Congress and congressional 
                leadership an assessment of such report.
            (2) Termination.--
                    (A) In general.--The Commission, and all the 
                authorities of this section, shall terminate on the 
                date that is 2 years after the date on which the final 
                report is submitted under paragraph (1)(B).
                    (B) Wind-down period.--The Commission may use the 
                120-day period referred to in subparagraph (A) for the 
                purposes of concluding its activities, including 
                providing testimony to Congress concerning the final 
                report referred to in that paragraph and disseminating 
                the report.
    (k) Inapplicability of Certain Administrative Provisions.--
            (1) Federal advisory committee act.--The provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the activities of the Commission under this section.
            (2) Freedom of information act.--The provisions of section 
        552 of title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act''), shall not apply to the 
        activities, records, and proceedings of the Commission under 
        this section.
    (l) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $3,000,000.
            (2) Availability in general.--Subject to paragraph (1), the 
        Director of National Intelligence shall make available to the 
        Commission such amounts as the Commission may require for 
        purposes of the activities of the Commission under this 
        section.
            (3) Duration of availability.--Amounts made available to 
        the Commission under paragraph (2) shall remain available until 
        expended or upon termination under subsection (i)(2), whichever 
        occurs first.
    (m) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
                                 <all>