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      house Committees
      House Committee on the Judiciary
      Crime, Terrorism, Homeland Security, and Investigations
      House Permanent Select Committee on Intelligence
    IntroducedOctober 1st, 2013

Bill Details

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FISA Court Reform Act of 2013

Official Title

To establish the Office of the Constitutional Advocate to provide advocacy in cases before courts established by the Foreign Intelligence Surveillance Act of 1978, and for other purposes.


FISA Court Reform Act of 2013 - Establishes within the judicial branch an Office of the Constitutional Advocate to protect individual rights by advocating before courts and judges of the petition review pool established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. Directs the Chief Justice to appoint a Constitutional Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. Requires the Advocate to: (1) review each application to the FISA Court by the Attorney General (DOJ) and each decision of the FISA Court, the petition review pool (FISA Court judges designated to review petitions challenging certain FISA production orders, nondisclosure orders, and targeting directives delivered to electronic communication service providers), or the FISA Court of Review; and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Requires the Advocate to consider requests for assistance from electronic communication service providers served with an order, certification, or directive compelling the provider to assist the government or release customer information. Authorizes the Advocate to participate in petition review proceedings when participation is requested by a party to the proceeding or the petition review pool. Permits the Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court, petition review pool, or FISA Court of Review decisions. Directs such Courts and the petition review pool to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. Authorizes the Advocate to seek a writ of certiorari from the Supreme Court for review of any decision of the FISA Court of Review. Requires the Attorney General to publicly disclose: (1) all decisions issued by the FISA Court, the petition review pool, or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the FISA Court or petition review pool appealed by the Advocate; and (3) any FISA Court of Review decision issued after an appeal by the Advocate. Provides for the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Permits the Advocate to petition the FISA Court, petition review pool, or FISA Court of Review for the public disclosure of decisions and related documents previously designated as classified or for the release of an unclassified summary of such materials.

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