[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>