,i #aacth ,,congress #ast ,session ,h4 ,r4 #cbbh ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjac,mr4 ,van ,hollen 7for himself and ,mr4 ,jordan7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,select ,committee on ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the ,office of the ,constitutional ,advocate to provide advocacy in cases before courts established by the ,foreign ,intelligence ,surveillance ,act of #aigh1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,court ,reform ,act of #bjac4 #b4 ,definitions ,in this title3 7#a7 ,constitutional ,advocate ,the term ,constitutional ,advocate means the ,constitutional ,advocate appointed under section #c7;b74 7#b7 ,decision ,the term decision means a decision1 order1 or opinion issued by the ,,fisa ,court or the ,,fisa ,court of ,review4 7#c7 ,,fisa ,the term ,,fisa means the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7#d7 ,,fisa ,court ,the term ,,fisa ,court means the court established under section #ajc7;a7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;a774 7#e7 ,,fisa ,court of ,review ,the term ,,fisa ,court of ,review means the court of review established under section #ajc7;b7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;b774 7#f7 ,office ,the term ,office means the ,office of the ,constitutional ,advocate established under section #c7;a74 7#g7 ,petition review pool ,the term petition review pool means the petition review pool established by section #ajc7;e7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;e77 or any member of that pool4 7#h7 ,significant construction or interpretation of law ,the term significant construction or interpretation of law means a significant construction or interpretation of a provision1 as that term is construed under section #fja7;c7 of ,,fisa 7#ej ,u4,s4,c4 #ahga7;c774 #c4 ,office of the ,constitutional ,advocate 7a7 ,establishment ,there is established within the judicial branch of the ,united ,states an ,office of the ,constitutional ,advocate4 7b7 ,constitutional ,advocate 7#a7 ,in general ,the head of the ,office is the ,constitutional ,advocate4 7#b7 ,appointment and term 7,a7 ,appointment ,the ,chief ,justice of the ,united ,states shall appoint the ,constitutional ,advocate from the list of candidates submitted under subparagraph 7,b74 7,b7 ,candidates 7i7 ,list of candidates ,the ,privacy and ,civil ,liberties ,oversight ,board shall submit to the ,chief ,justice a list of not less than #e qualified candidates to serve as a ,constitutional ,advocate4 7ii7 ,selection of candidates ,in preparing a list described in clause 7i71 the ,privacy and ,civil ,liberties ,oversight ,board shall select candidates the ,board believes will be zealous and effective advocates in defense of civil liberties and consider each potential candidate's-- 7,i7 litigation and other professional experience2 7,,ii7 experience with the areas of law the ,constitutional ,advocate is likely to encounter in the course of the ,advocate's duties2 and 7,,iii7 demonstrated commitment to civil liberties4 7,c7 ,security ,clearance ,an individual may be appointed ,constitutional ,advocate without regard to whether the individual possesses a security clearance on the date of the appointment4 7,d7 ,term and dismissal ,a ,constitutional ,advocate shall be appointed for a term of #c years and may be fired only for good cause shown1 including the demonstrated inability to qualify for an adequate security clearance4 7,e7 ,reappointment ,there shall be no limit to the number of consecutive terms served by a ,constitutional ,advocate4 ,the reappointment of a ,constitutional ,advocate shall be made in the same manner as appointment of a ,constitutional ,advocate4 7,f7 ,acting ,constitutional ,advocate ,if the position of ,constitutional ,advocate is vacant1 the ,chief ,justice may appoint an ,acting ,constitutional ,advocate from among the qualified employees of the ,office4 ,if there are no such qualified employees1 the ,chief ,justice may appoint an ,acting ,constitutional ,advocate from the most recent list of candidates provided by the ,privacy and ,civil ,liberties ,oversight ,board pursuant to subparagraph 7,b74 ,the ,acting ,constitutional ,advocate shall have all of the powers of a ,constitutional ,advocate and shall serve until a ,constitutional ,advocate is appointed4 7#c7 ,employees ,the ,constitutional ,advocate is authorized1 without regard to the civil service laws and regulations1 to appoint and terminate employees of the ,office4 7c7 ,security clearances ,the appropriate departments1 agencies1 and elements of the executive branch shall cooperate with the ,office1 to the extent possible under existing procedures and requirements1 to expeditiously provide the ,constitutional ,advocate and appropriate employees of the ,office with the security clearances necessary to carry out the duties of the ,constitutional ,advocate4 7d7 ,duties and authorities of the ,constitutional ,advocate 7#a7 ,in general ,the ,constitutional ,advocate-- 7,a7 shall review each application to the ,,fisa ,court by the ,attorney ,general2 7,b7 shall review each decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review issued after the date of the enactment of this ,act and all documents and other material relevant to such decision in a complete1 unredacted form2 7,c7 may participate in a proceeding before the petition review pool if such participation is requested by a party in such a proceeding or by the petition review pool2 7,d7 shall consider any request from a provider who has been served with an order1 certification1 or directive compelling the provider to provide assistance to the ,government or to release customer information to assist that provider in a proceeding before the ,,fisa ,court or the petition review pool1 including a request-- 7i7 to oppose the ,government on behalf of the private party in such a proceeding2 or 7ii7 to provide guidance to the private party if the private party is considering compliance with an order of the ,,fisa ,court2 7,e7 shall participate in a proceeding before the ,,fisa ,court if appointed to participate by the ,,fisa ,court under section #d7;a7 and may participate in a proceeding before the petition review pool if authorized under section #e7;a72 7,f7 may request to participate in a proceeding before the ,,fisa ,court or the petition review pool2 7,g7 shall participate in such a proceeding if such request is granted2 7,h7 may request reconsideration of a decision of the ,,fisa ,court under section #d7;b72 7,i7 may appeal or seek review of a decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as permitted by this title2 and 7,j7 shall participate in such appeal or review4 7#b7 ,advocacy ,the ,constitutional ,advocate shall protect individual rights by vigorously advocating before the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention4 7#c7 ,utilization of outside counsel ,the ,constitutional ,advocate-- 7,a7 may delegate to a competent outside counsel any duty or responsibility of the ,constitutional ,advocate with respect to participation in a matter before the ,,fisa ,court1 the ,,fisa ,court of ,review1 or the ,supreme ,court of the ,united ,states2 and 7,b7 may not delegate to outside counsel any duty or authority set out in subparagraph 7,a71 7,b71 7,d71 7,f71 7,h71 or 7,i7 of paragraph 7#a74 7#d7 ,availability of documents and material ,the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 shall order any agency1 department1 or entity to make available to the ,constitutional ,advocate1 or appropriate outside counsel if utilized by the ,constitutional ,advocate under paragraph 7#c71 any documents or other material necessary to carry out the duties described in paragraph 7#a74 #d4 ,advocacy before the ,,fisa ,court 7a7 ,appointment ,to participate 7#a7 ,in general ,the ,,fisa ,court may appoint the ,constitutional ,advocate to participate in a ,,fisa ,court proceeding4 7#b7 ,standing ,if the ,constitutional ,advocate is appointed to participate in a ,,fisa ,court proceeding pursuant to paragraph 7#a71 the ,constitutional ,advocate shall have standing as a party before the ,,fisa ,court in that proceeding4 7b7 ,reconsideration of a ,,fisa ,court decision 7#a7 ,authority to move for reconsideration ,the ,constitutional ,advocate may move the ,,fisa ,court to reconsider any decision of the ,,fisa ,court made after the date of the enactment of this ,act by petitioning the ,,fisa ,court not later than #cj days after the date on which all documents and materials relevant to the decision are made available to the ,constitutional ,advocate4 7#b7 ,discretion of the ,,fisa ,court ,the ,,fisa ,court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph 7#a74 7c7 ,amicus curiae participation 7#a7 ,motion by the ,constitutional ,advocate ,the ,constitutional ,advocate may file a motion with the ,,fisa ,court to permit and facilitate participation of amicus curiae1 including participation in oral argument if appropriate1 in any proceeding4 ,the ,,fisa ,court shall have the discretion to grant or deny such a motion4 7#b7 ,facilitation by the ,,fisa ,court ,the ,,fisa ,court may1 sua sponte1 permit and facilitate participation by amicus curiae1 including participation in oral argument if appropriate1 in proceedings before the ,,fisa ,court4 7#c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,,fisa ,court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 #e4 ,advocacy before the petition review pool 7a7 ,authority ,to participate ,the petition review pool or any party to a proceeding before the petition review pool may authorize the ,constitutional ,advocate to participate in a petition review pool proceeding4 7b7 ,reconsideration of a petition review pool decision 7#a7 ,authority to move for reconsideration ,the ,constitutional ,advocate may move the petition review pool to reconsider any decision of the petition review pool made after the date of the enactment of this ,act by petitioning the petition review pool not later than #cj days after the date on which all documents and materials relevant to the decision are made available to the ,constitutional ,advocate4 7#b7 ,discretion of the petition review pool ,the petition review pool shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph 7#a74 7c7 ,amicus curiae participation 7#a7 ,motion by the ,constitutional ,advocate ,the ,constitutional ,advocate may file a motion with the petition review pool to permit and facilitate participation of amicus curiae1 including participation in oral argument if appropriate1 in any proceeding4 ,the petition review pool shall have the discretion to grant or deny such a motion4 7#b7 ,facilitation by the ,,fisa ,court ,the petition review pool may1 sua sponte1 permit and facilitate participation by amicus curiae1 including participation in oral argument if appropriate1 in proceedings before the petition review pool4 7#c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the petition review pool shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 #f4 ,appellate review 7a7 ,appeal of ,,fisa ,court decisions 7#a7 ,authority to appeal ,the ,constitutional ,advocate may appeal any decision of the ,,fisa ,court or the petition review pool issued after the date of the enactment of this ,act not later than #ij days after the date the decision is issued1 unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment4 7#b7 ,standing as appellant ,if the ,constitutional ,advocate appeals a decision of the ,,fisa ,court or the petition review pool pursuant to paragraph 7#a71 the ,constitutional ,advocate shall have standing as a party before the ,,fisa ,court of ,review in such appeal4 7#c7 ,mandatory review ,the ,,fisa ,court of ,review shall review any ,,fisa ,court or petition review pool decision appealed by the ,constitutional ,advocate and issue a decision in such appeal4 7#d7 ,standard of review ,the standards for a mandatory review of a ,,fisa ,court or petition review pool decision pursuant to paragraph 7#c7 shall be-- 7,a7 de novo with respect to issues of law2 and 7,b7 clearly erroneous with respect to determination of facts4 7#e7 ,amicus curiae participation 7,a7 ,in general ,the ,,fisa ,court of ,review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph 7#c7 and shall provide for amicus curiae participation in oral argument if appropriate4 7,b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,,fisa ,court of ,review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 7b7 ,review of ,,fisa ,court of ,review decisions 7#a7 ,authority ,the ,constitutional ,advocate may seek a writ of certiorari from the ,supreme ,court of the ,united ,states for review of any decision of the ,,fisa ,court of ,review4 7#b7 ,standing ,in any proceedings before the ,supreme ,court of the ,united ,states relating to a petition of certiorari filed under paragraph 7#a7 and any proceedings in a matter for which certiorari is granted1 the ,constitutional ,advocate shall have standing as a party4 #g4 ,disclosure 7a7 ,requirement ,to disclose ,the ,attorney ,general shall publicly disclose-- 7#a7 all decisions issued by the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review after ,july #aj1 #bjjc1 that include a significant construction or interpretation of law2 7#b7 any decision of the ,,fisa ,court or the petition review pool appealed by the ,constitutional ,advocate pursuant to this title2 and 7#c7 any ,,fisa ,court of ,review decision that is issued after an appeal by the ,constitutional ,advocate4 7b7 ,disclosure described ,for each disclosure required by subsection 7a7 with respect to a decision1 the ,attorney ,general shall make available to the public documents sufficient-- 7#a7 to identify with particularity each legal question addressed by the decision and how such question was resolved2 7#b7 to describe in general terms the context in which the matter arises2 7#c7 to describe the construction or interpretation of any statute1 constitutional provision1 or other legal authority relied on by the decision2 and 7#d7 to indicate whether the decision departed from any prior decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review4 7c7 ,documents described ,the ,attorney ,general shall satisfy the disclosure requirements in subsection 7b7 by-- 7#a7 releasing a ,,fisa ,court1 petition review pool1 or ,,fisa ,court of ,review decision in its entirety or as redacted2 7#b7 releasing a summary of a ,,fisa ,court1 petition review pool1 or ,,fisa ,court of ,review decision2 or 7#c7 releasing an application made to the ,,fisa ,court1 a petition made to the petition review pool1 briefs filed before the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 or other materials1 in full or as redacted4 7d7 ,extensive disclosure ,the ,attorney ,general shall release as much information regarding the facts and analysis contained in a decision described in subsection 7a7 or documents described in subsection 7c7 as is consistent with legitimate national security concerns4 7e7 ,timing of disclosure 7#a7 ,decisions issued prior to enactment ,a decision issued prior to the date of the enactment of this ,act that is required to be disclosed under subsection 7a77#a7 shall be disclosed not later than #ahj days after the date of the enactment of this ,act4 7#b7 ,,fisa ,court and petition review pool decisions ,the ,attorney ,general shall release ,,fisa ,court or petition review pool decisions appealed by the ,constitutional ,advocate not later than #cj days after the date the appeal is filed4 7#c7 ,,fisa ,court of ,review decisions ,the ,attorney ,general shall release ,,fisa ,court of ,review decisions appealed by the ,constitutional ,advocate not later than #ij days after the date the appeal is filed4 7f7 ,petition by the ,constitutional ,advocate 7#a7 ,authority to petition ,the ,constitutional ,advocate may petition the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review to order-- 7,a7 the public disclosure of a decision of such a ,court or review pool1 and documents or other material relevant to such a decision1 previously designated as classified information2 or 7,b7 the release of an unclassified summary of such decisions and documents4 7#b7 ,contents of petition ,each petition filed under paragraph 7#a7 shall contain a detailed declassification proposal or a summary of the decision and documents that the ,constitutional ,advocate proposes to have released publicly4 7#c7 ,role of the ,attorney ,general 7,a7 ,copy of petition ,the ,constitutional ,advocate shall provide to the ,attorney ,general a copy of each petition filed under paragraph 7#a74 7,b7 ,opposition ,the ,attorney ,general may oppose a petition filed under paragraph 7#a7 by submitting any objections in writing to the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 not later than #ij days after the date such petition was submitted4 7#d7 ,public availability ,not less than #ia days after receiving a petition under paragraph 7#a71 and taking into account any objections from the ,attorney ,general made under paragraph 7#c77;,b71 the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 shall declassify and make readily available to the public any decision1 document1 or other material requested in such petition1 to the greatest extent possible1 consistent with legitimate national security considerations4 7#e7 ,effective date ,the ,constitutional ,advocate may not file a petition under paragraph 7#a7 until #aha days after the date of the enactment of this ,act1 except with respect to a decision appealed by the ,constitutional ,advocate4 #h4 ,annual report to ,congress 7a7 ,requirement for annual report ,the ,constitutional ,advocate shall submit to ,congress an annual report on the implementation of this title4 7b7 ,contents ,each annual report submitted under subsection 7a7 shall-- 7#a7 detail the activities of the ,office2 7#b7 provide an assessment of the effectiveness of this title2 and 7#c7 propose any new legislation to improve the functioning of the ,office or the operation of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review4 #i4 ,preservation of rights ,nothing in this title shall be construed-- 7#a7 to provide the ,attorney ,general with authority to prevent the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review from declassifying decisions or releasing information pursuant to this title2 and 7#b7 to eliminate the public's ability to secure information under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 or any other provision of law4