[118th Congress Public Law 49]
[From the U.S. Government Publishing Office]



[[Page 861]]

             REFORMING INTELLIGENCE AND SECURING AMERICA ACT

[[Page 138 STAT. 862]]

Public Law 118-49
118th Congress

                                 An Act


 
         To reform the Foreign Intelligence Surveillance Act of 
              1978. <<NOTE: Apr. 20, 2024 -  [H.R. 7888]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Reforming 
Intelligence and Securing America Act.>> 
SECTION 1. SHORT TITLE. <<NOTE: 50 USC 1801 note.>> 

    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 <<NOTE: 50 USC 1881a.>>  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) <<NOTE: Advance approval.>>  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:

[[Page 138 STAT. 863]]

                                    ``(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) <<NOTE: 50 USC 1881a note.>>  Mandatory Audits of United States 
Person Queries Conducted by Federal Bureau of Investigation.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Certification.>> 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 <<NOTE: 50 USC 1881a.>> 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.-- <<NOTE: Requirements.>> 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

[[Page 138 STAT. 864]]

                      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) <<NOTE: Statement.>>  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). <<NOTE: Records.>> 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

[[Page 138 STAT. 865]]

                      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, <<NOTE: 50 USC 1881a.>> 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) <<NOTE: Determinations.>>  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

[[Page 138 STAT. 866]]

                      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) <<NOTE: Determination.>>  the 
                                Deputy Director of the Federal Bureau of 
                                Investigation determines that exigent 
                                circumstances exist sufficient to 
                                justify the conduct of such query.
                          ``(ii) <<NOTE: Deadlines.>>  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 <<NOTE: 50 USC 1881a.>>  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

[[Page 138 STAT. 867]]

                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 <<NOTE: 50 USC 1881a.>>  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) <<NOTE: Notification. Deadline.>>  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. <<NOTE: 50 USC 1881a note.>>  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

[[Page 138 STAT. 868]]

        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) <<NOTE: Reports.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: 50 USC 1805.>>  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 <<NOTE: 50 USC 1803.>>  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

[[Page 138 STAT. 869]]

                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      clause:
                          ``(iii) <<NOTE: Appointments.>>  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) <<NOTE: Deadlines.>>  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 <<NOTE: 50 USC 1803.>>  is amended by 
adding at the end the following new subsection:

    ``(l) Designation of Counsel for Certain Applications.--
To <<NOTE: Review. Analysis.>>  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

[[Page 138 STAT. 870]]

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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: 50 USC 1803 note.>>  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. <<NOTE: Designation. Procedures.>> 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. <<NOTE: Effective dates.>>  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 <<NOTE: 50 
        USC 1804.>>  is amended by striking ``a statement of'' and 
        inserting ``a sworn statement of''.
            (2) Title iii.--Subsection (a)(3) of section 303 <<NOTE: 50 
        USC 1823.>>  is amended by striking ``a statement of'' and 
        inserting ``a sworn statement of''.
            (3) Section 703.--Subsection (b)(1)(C) of section 
        703 <<NOTE: 50 USC 1881b.>>  is amended by striking ``a 
        statement of'' and inserting ``a sworn statement of''.
            (4) Section 704.--Subsection (b)(3) of section <<NOTE: 50 
        USC 1881c.>>  704 is amended by striking ``a statement of'' and 
        inserting ``a sworn statement of''.
            (5) <<NOTE: 50 USC 1804 note.>>  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 <<NOTE: 50 
        USC 1804.>>  is amended--

[[Page 138 STAT. 871]]

                    (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 <<NOTE: 50 USC 
        1823.>> 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) <<NOTE: 50 USC 1804 note.>>  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 <<NOTE: 50 USC 
        1804.>> 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

[[Page 138 STAT. 872]]

                investigative techniques used to corroborate the 
                information;''.
            (2) Title iii.--Subsection (a)(6) of section <<NOTE: 50 USC 
        1823.>> 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) <<NOTE: 50 USC 1804 note.>>  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 <<NOTE: 50 USC 
        1804.>> 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) <<NOTE: 50 USC 1804 note.>>  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

[[Page 138 STAT. 873]]

        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) <<NOTE: 50 USC 1804 note.>>  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 <<NOTE: 50 USC 
        1804.>>  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 <<NOTE: 50 USC 
        1823.>> 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) <<NOTE: 50 USC 1804 note.>>  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 <<NOTE: 50 USC 
        1805.>>  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 <<NOTE: 50 USC 
        1824.>> 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. <<NOTE: Deadline.>>  PUBLIC DISCLOSURE AND 
                    DECLASSIFICATION OF CERTAIN DOCUMENTS.

    Subsection (a) of section 602 <<NOTE: 50 USC 1872.>>  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,''.

[[Page 138 STAT. 874]]

SEC. 8. TRANSCRIPTIONS OF PROCEEDINGS.

    (a) Requirement for Transcripts of Proceedings.--Subsection (c) of 
section 103 <<NOTE: 50 USC 1803.>>  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) <<NOTE: Records. Testimony. Affidavits.>>  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 <<NOTE: 50 USC 1871.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Records.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Analyses.>>  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.

[[Page 138 STAT. 875]]

                    (C) <<NOTE: Assessment.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  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, <<NOTE: 50 USC 
        1804.>>  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 <<NOTE: 50 USC 
        1823.>>  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

[[Page 138 STAT. 876]]

                    ``(B) otherwise raise doubts with respect to the 
                findings required under section 304(a).''.
            (3) Title iv.--Subsection (c) of section 402 <<NOTE: 50 USC 
        1842.>>  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 <<NOTE: 50 
        USC 1862.>>  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) <<NOTE: Statement.>>  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 <<NOTE: 50 USC 1881b.>>  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 <<NOTE: 50 USC 1881c.>>  is amended--

[[Page 138 STAT. 877]]

                          (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) <<NOTE: Effective date. 50 USC 1804 note.>>  
        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) <<NOTE: Deadline. 50 USC 1804 note.>>  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, <<NOTE: 50 USC 1804.>>  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, <<NOTE: 50 USC 1823.>>  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, <<NOTE: 50 USC 1842.>>  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, <<NOTE: 50 USC 1862.>>  is further amended--

[[Page 138 STAT. 878]]

                    (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, <<NOTE: 50 USC 1881b.>>  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, <<NOTE: 50 USC 1881c.>>  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) <<NOTE: Effective date. 50 USC 1804 note.>>  
        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, <<NOTE: 50 USC 1873.>>  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:

[[Page 138 STAT. 879]]

    ``(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) <<NOTE: Estimate.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: 50 USC 1873 note.>>  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 <<NOTE: 50 USC 1873.>>  is amended--
            (1) by redesignating subsection (e) as subsection (g); and

[[Page 138 STAT. 880]]

            (2) by inserting the following new subsection:

    ``(e) Mandatory Reporting by Director of Federal Bureau of 
Investigation. <<NOTE: Time period.>> --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) <<NOTE: 50 USC 1801 note.>>  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. <<NOTE: Evaluation.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Proposals. Timeline.>>  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) <<NOTE: Summary. Compliance.>>  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

[[Page 138 STAT. 881]]

                      (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 <<NOTE: 50 
        USC 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 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:

[[Page 138 STAT. 882]]

    ``(c) <<NOTE: Time period.>>  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. <<NOTE: 50 USC 1881h.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Time period.>> --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 <<NOTE: 50 USC 1873.>>  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 <<NOTE: 50 
USC 1810.>>  is amended to read as follows:

[[Page 138 STAT. 883]]

    ``(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. <<NOTE: 50 USC 1810a.>>  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. <<NOTE: List.>>  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, <<NOTE: 50 USC 1881a.>>  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) <<NOTE: 50 USC 1881a note.>>  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).

[[Page 138 STAT. 884]]

                    (B) <<NOTE: Time period.>>  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, <<NOTE: 50 USC 1803.>>  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) <<NOTE: 50 USC 1881a note.>>  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. <<NOTE: Assessment. Time period.>>  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

[[Page 138 STAT. 885]]

        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) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>>  
                                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) <<NOTE: Appointments.>>  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

[[Page 138 STAT. 886]]

                                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) <<NOTE: Deadlines.>>  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.

[[Page 138 STAT. 887]]

                    (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) <<NOTE: Time period.>>  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) <<NOTE: Testimony. Evidence.>>  
                      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) <<NOTE: Requirements. Subpoenas. Rec
                                ords.>>  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) <<NOTE: Applicability. Compliance.>> 
                                 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

[[Page 138 STAT. 888]]

                      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) <<NOTE: Determination. Briefings. Analysis.>> 
                       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

[[Page 138 STAT. 889]]

                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. <<NOTE: Approval.>> --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) <<NOTE: President.>>  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:

[[Page 138 STAT. 890]]

                                    (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) <<NOTE: Testimony.>>  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

[[Page 138 STAT. 891]]

                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) <<NOTE: 50 USC 1801 note.>>  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) <<NOTE: 50 USC 1881a note.>>  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) <<NOTE: 50 USC 1881 and note, 1881a-1881h.>>  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) <<NOTE: 18 USC 2511 note.>>  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. <<NOTE: 50 USC 1801 note.>>  
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

[[Page 138 STAT. 892]]

                    (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. <<NOTE: Time period. Deadline. 50 USC 1881a note.>>  
                      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) <<NOTE: Repeal.>>  by striking subsection (b); 
                and
                    (B) <<NOTE: 50 USC 1881a.>>  by striking ``(a) In 
                General.--''.

[[Page 138 STAT. 893]]

SEC. 23. INCLUSION OF COUNTERNARCOTICS IN DEFINITION OF FOREIGN 
                      INTELLIGENCE.

    Section 101(e)(1) <<NOTE: 50 USC 1801.>>  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, <<NOTE: 50 
USC 1881a.>>  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) <<NOTE: 50 USC 1881.>>  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 <<NOTE: 50 USC 1885.>>  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;

[[Page 138 STAT. 894]]

            (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)''.

    Approved April 20, 2024.

LEGISLATIVE HISTORY--H.R. 7888:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 170 (2024):
            Apr. 12, considered and passed House.
            Apr. 19, considered and passed Senate.

                                  <all>