FISA Reform and Reauthorization Act of 2023

This bill amends the Foreign Intelligence Surveillance Act of 1978 to reform and reauthorize certain surveillance authorities, particularly Section 702, and imposes new restrictions, penalties, and reporting requirements on the Federal Bureau of Investigation and other agencies.

Title I, Restriction on Federal Bureau of Investigation Queries: Revokes FBI authority to conduct queries of Section 702 data solely to find evidence of a crime. Limits which FBI personnel can authorize queries involving U.S. persons, requires notification to Congress for certain queries, and mandates congressional consent before using queries for defensive briefings. Prohibits political appointees from approving queries, requires minimum accountability standards, restricts FBI from ingesting unminimized data into analytic repositories, mandates audits of U.S. person queries, and prohibits queries for suppressing criticism or disadvantaging U.S. persons.

Title II, FISA Applications and Orders: Requires sworn statements for factual assertions in applications, prohibits use of politically derived information or press reports as sole basis for applications, requires descriptions of techniques used before application, justification for extensions targeting U.S. persons, certifications of accuracy, and justification of underlying criminal offenses for certain U.S. person targets. Extends the duration of certain non-U.S. person orders from 120 days to one year.

Title III, Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review: Requires appointment of counsel to review applications targeting U.S. persons, mandates transcripts of proceedings, requires notification to Congress of certain transcripts, requires the same judge to handle extensions for U.S. person targets when practicable, and mandates appointment of amicus curiae in judicial review of annual Section 702 certifications.

Title IV, FISA Penalties: Allows removal or suspension of federal officers for intentional misconduct before the FISA Court. Increases penalties for unauthorized disclosure of electronic surveillance applications, raising maximum imprisonment to 10 years. Creates new criminal penalties for unauthorized disclosure of incidentally collected U.S. person information. Includes contempt of the FISA Court as a crime, adds sentencing enhancements for false declarations before the FISC, and requires annual FBI reporting on disciplinary actions.

Title V, Reports and Other Matters: Expands the definition of foreign intelligence to include counternarcotics. Revokes certain reporting exemptions for the FBI and adds reporting requirements. Requires notification to Congress within 7 days of significant unauthorized disclosures of Section 702 data. Updates the definition of electronic communication service provider. Requires vetting procedures for non-U.S. persons, accountability measures for FBI executive leadership, a study on technology for near-real time compliance monitoring, and an Inspector General report on FBI querying practices. Establishes a FISA Reform Commission and extends certain authorities until December 31, 2031. Includes severability and applicability date provisions.