Sec. 18. REPORTS AND OTHER MATTERS
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## SEC. 18 REPORTS AND OTHER MATTERS ###
(a)Notification to Congress of Certain Unauthorized Disclosures **[**[50 U.S.C. 1881a note](/us/usc/t50/s1881a)**]** If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise. ###
(b)Report on Technology Needed for Near-real Time Monitoring of Federal Bureau of Investigation Compliance ####
(1)Study required The Director of National Intelligence, in coordination with the National Security Agency and in consultation with the Federal Bureau of Investigation, shall conduct a study on technological enhancements that would enable the Federal Bureau of Investigation to conduct near-real time monitoring of compliance in any system of the Federal Bureau of Investigation that stores information acquired under section 702. Such study shall consider the potential cost and assess the feasibility of implementation within a period of one year of each technological enhancement under consideration. ####
(2)Submission Not later than one year after the date of enactment of this Act, the Director of National Intelligence shall submit the results of the study to the appropriate congressional committees. ####
(3)Definitions In this section the term “appropriate congressional committees” means— #####
(A)the congressional intelligence committees, as such term is defined in subsection
(b)of section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and #####
(B)the Committees on the Judiciary of the House of Representatives and the Senate. ###
(c)FISA Reform Commission ####
(1)Establishment #####
(A)In general There is established a commission to consider ongoing reforms to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). #####
(B)Designation The commission established under subparagraph
(A)shall be known as the “FISA Reform Commission” (in this section the “Commission”). ####
(2)Membership #####
(A)Composition ######
(i)In general Subject to clause (ii), the Commission shall be composed of the following members: ######
(I)The Principal Deputy Director of National Intelligence. ######
(II)The Deputy Attorney General. ######
(III)The Deputy Secretary of Defense. ######
(IV)The Deputy Secretary of State. ######
(V)The Chair of the Privacy and Civil Liberties Oversight Board. ######
(VI)Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Committee on the Judiciary of the Senate, 1 of whom shall be a member of the Senate and 2 of whom shall not be. ######
(VII)Three members appointed by the minority leader of the Senate, in consultation with the Vice Chairman of the Select Committee on Intelligence of the Senate and the Ranking Member of the Committee on the Judiciary of the Senate, 1 of whom shall be a member of the Senate and 2 of whom shall not be. ######
(VIII)Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives and the Chairman of the Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 2 of whom shall not be. ######
(IX)Three members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives and the Ranking Member of the Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 2 of whom shall not be. ######
(ii)Nonmembers of congress ######
(I)Qualifications The members of the Commission who are not members of Congress and who are appointed under subclauses
(VI)through
(IX)of clause
(i)shall be individuals who are nationally recognized for expertise, knowledge, or experience in— ######
(aa)use of intelligence information by the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), national policymakers, and military leaders; ######
(bb)the implementation, funding, or oversight of the national security laws of the United States; ######
(cc)privacy, civil liberties, and transparency; or ######
(dd)laws and policies governing methods of electronic surveillance. ######
(II)Conflicts of interest An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. ######
(III)Security clearances All members of the Commission described in subclause
(I)shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. #####
(B)Co-chairs ######
(i)In general The Commission shall have 2 co-chairs, selected from among the members of the Commission. ######
(ii)Agreement The individuals who serve as the co-chairs of the Commission shall be agreed upon by the members of the Commission. ####
(3)Appointment; initial meeting #####
(A)Appointment Members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. #####
(B)Initial meeting The Commission shall hold its initial meeting on or before the date that is 180 days after the date of the enactment of this Act. ####
(4)Meetings; quorum; vacancies #####
(A)In general After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission. #####
(B)Quorum Nine members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. #####
(C)Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. #####
(D)Quorum with vacancies If vacancies in the Commission occur on any day after 90 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. ####
(5)Duties The duties of the Commission are as follows: #####
(A)To review the effectiveness of the current implementation of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). #####
(B)To develop recommendations for legislative action to reform the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that provide for the effective conduct of United States intelligence activities and the protection of privacy and civil liberties. ####
(6)Powers of commission #####
(A)In general ######
(i)Hearings The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this section— ######
(I)hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and ######
(II)require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary. ######
(ii)Issuance and enforcement of subpoenas ######
(I)Issuance A subpoena issued under clause (i)(II) shall— ######
(aa)bear the signature of the co-chairs of the Commission; and ######
(bb)be served by a person or class of persons designated by the co-chairs for that purpose. ######
(II)Enforcement The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this paragraph. #####
(B)Information from federal agencies ######
(i)In general The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Federal Government information, suggestions, estimates, and statistics for the purposes of this section. ######
(ii)Furnishing information Each such department, agency, bureau, board, commission, office, establishment, or instrumentality described in clause
(i)shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. ######
(iii)Protection of classified information The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable provisions of law. #####
(C)Assistance from federal agencies ######
(i)Director of national intelligence The Director of National Intelligence shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section. ######
(ii)Attorney general The Attorney General may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. ######
(iii)Other departments and agencies In addition to the assistance set forth in clauses
(i)and (ii), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. ######
(iv)Cooperation The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs selected under paragraph (2)(B), for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. #####
(D)Postal services The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the Federal Governments. #####
(E)Gifts No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission. ####
(7)Staff of commission #####
(A)Appointment and compensation of staff The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. #####
(B)Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. #####
(C)Security clearances All staff of the Commission and all experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable provisions of law concerning the handling of classified information. ####
(8)Compensation and travel expenses #####
(A)Compensation of members ######
(i)In general Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title. ######
(ii)Exception Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission. #####
(B)Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, a member of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. ####
(9)Treatment of information relating to national security #####
(A)In general The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. #####
(B)Information provided by congressional intelligence committees Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committee may not be further provided or released without the approval of the chairman of such committee. #####
(C)Access after termination of commission Notwithstanding any other provision of law, after the termination of the Commission under paragraph (10)(B), only the members and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch of the Federal Government as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission. ####
(10)Final report; termination #####
(A)Final report ######
(i)Definitions In this subparagraph: ######
(I)Appropriate committees of congress The term “appropriate committees of Congress” means— ######
(aa)the congressional intelligence committees; ######
(bb)the Committee on the Judiciary of the Senate; and ######
(cc)the Committee on the Judiciary of the House of Representatives. ######
(II)Congressional leadership The term “congressional leadership” means— ######
(aa)the majority leader of the Senate; ######
(bb)the minority leader of the Senate; ######
(cc)the Speaker of the House of Representatives; and ######
(dd)the minority leader of the House of Representatives. ######
(ii)Final report required Not later than 5 years from the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, congressional leadership, the Director of National Intelligence, and the Attorney General a final report on the findings of the Commission. ######
(iii)Form of final report The final report submitted pursuant to clause
(ii)shall be in unclassified form but may include a classified annex. ######
(iv)Assessments of final report Not later than 1 year after receipt of the final report under clause (ii), the Director of National Intelligence and the Attorney General shall each submit to the appropriate committees of Congress and congressional leadership an assessment of such report. #####
(B)Termination ######
(i)In general The Commission, and all the authorities of this section, shall terminate on the date that is 2 years after the date on which the final report is submitted under subparagraph (A)(ii). ######
(ii)Wind-down period The Commission may use the 2-year period referred to in clause
(i)for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report. ####
(11)Inapplicability of certain administrative provisions #####
(A)Federal advisory committee act The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section. #####
(B)Freedom of information act The provisions of section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), shall not apply to the activities, records, and proceedings of the Commission under this section. ####
(12)Funding #####
(A)Authorization of appropriations There is authorized to be appropriated funds to the extent and in such amounts as specifically provided in advance in appropriations acts for the purposes detailed in this subsection. #####
(B)Availability in general Subject to subparagraph (A), the Director of National Intelligence shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section. #####
(C)Duration of availability Amounts made available to the Commission under subparagraph
(B)shall remain available until expended or upon termination under paragraph (10)(B), whichever occurs first. ####
(13)Congressional intelligence committees defined In this subsection, the term “congressional intelligence committees” means— #####
(A)the Select Committee on Intelligence of the Senate; and #####
(B)the Permanent Select Committee on Intelligence of the House of Representatives. ###
(d)Severability; Applicability Date ####
(1)Severability **[**[50 U.S.C. 1801 note](/us/usc/t50/s1801)**]** If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby. ####
(2)Applicability date **[**[50 U.S.C. 1881a note](/us/usc/t50/s1881a)**]** 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.
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- 2 USC 192-194
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