text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``FISA Court Reform Act of 2013''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Decision.--The term ``decision'' means a decision, 
          order, or opinion issued by the FISA Court or the FISA Court of 
          Review.
              (2) FISA.--The term ``FISA'' means the Foreign Intelligence 
          Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
              (3) FISA court.--The term ``FISA Court'' means the court 
          established under section 103(a) of FISA (50 U.S.C. 1803(a)).
              (4) FISA court of review.--The term ``FISA Court of 
          Review'' means the court of review established under section 
          103(b) of FISA (50 U.S.C. 1803(b)).
              (5) Office.--The term ``Office'' mean the Office of the 
          Special Advocate established under section (3)(a).
              (6) Significant construction or interpretation of law.--The 
          term ``significant construction or interpretation of law'' 
          means a significant construction or interpretation of a 
          provision, as that term is construed under section 601(c) of 
          FISA (50 U.S.C. 1871(c)).
              (7) Special advocate.--The term ``Special Advocate'' means 
          the Special Advocate appointed under section 3(b).
  
  SEC. 3. OFFICE OF THE SPECIAL ADVOCATE.
  
      (a) Establishment.--There is established in the executive branch as 
  an independent establishment, as defined in section 104 of title 5, 
  United States Code, an Office of the Special Advocate.
      (b) Special Advocate.--
              (1) In general.--The head of the Office is the Special 
          Advocate.
              (2) Appointment and term.--
                      (A) Appointment.--The presiding judge of the FISA 
                  Court of Review shall appoint the Special Advocate from 
                  the list of candidates submitted under subparagraph 
                  (B).
                      (B) List of candidates.--The Privacy and Civil 
                  Liberties Oversight Board shall submit to the presiding 
                  judge of the FISA Court of Review a list of not less 
                  than 5 qualified candidates to serve as Special 
                  Advocate.
                      (C) Security clearance.--An individual may be 
                  appointed Special Advocate without regard to whether 
                  the individual possesses a security clearance on the 
                  date of the appointment.
                      (D) Term and dismissal.--A Special Advocate shall 
                  be appointed for a term of 5 years and may be fired 
                  only for good cause shown, including the demonstrated 
                  inability to qualify for an adequate security 
                  clearance.
                      (E) Reappointment.--There shall be no limit to the 
                  number of consecutive terms served by a Special 
                  Advocate. The reappointment of a Special Advocate shall 
                  be made in the same manner as appointment of a Special 
                  Advocate.
                      (F) Acting special advocate.--If the position of 
                  Special Advocate is vacant, the presiding judge of the 
                  FISA Court of Review may appoint an Acting Special 
                  Advocate from among the qualified employees of the 
                  Office. If there are no such qualified employees, the 
                  presiding judge of the FISA Court of Review may appoint 
                  an Acting Special Advocate from the most recent list of 
                  candidates provided by the Privacy and Civil Liberties 
                  Oversight Board pursuant to subparagraph (B). The 
                  Acting Special Advocate shall have all of the powers of 
                  a Special Advocate and shall serve until a Special 
                  Advocate is appointed.
              (3) Employees.--The Special Advocate is authorized, without 
          regard to the civil service laws and regulations, to appoint 
          and terminate employees of the Office.
      (c) Security Clearances.--The appropriate departments, agencies, 
  and elements of the executive branch shall cooperate with the Office, 
  to the extent possible under existing procedures and requirements, to 
  expeditiously provide the Special Advocate and appropriate employees of 
  the Office with the security clearances necessary to carry out the 
  duties of the Special Advocate.
      (d) Duties and Authorities of the Special Advocate.--
              (1) In general.--The Special Advocate--
                      (A) shall review each application to the FISA Court 
                  by the Attorney General;
                      (B) shall review each decision of the FISA Court 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 complete, 
                  unredacted form;
                      (C) shall participate in a proceeding before the 
                  FISA Court if appointed to participate by the FISA 
                  Court under section 4(a);
                      (D) may request to participate in a proceeding 
                  before the FISA Court;
                      (E) shall participate in such a proceeding if such 
                  request is granted;
                      (F) may request reconsideration of a decision of 
                  the FISA Court under section 4(b);
                      (G) may appeal or seek review of a decision of the 
                  FISA Court or the FISA Court of Review under section 5; 
                  and
                      (H) shall participate in such appeal or review.
              (2) Advocacy.--The Special Advocate shall protect 
          individual rights by vigorously advocating before the FISA 
          Court or the FISA Court of Review, as appropriate, in support 
          of legal interpretations that minimize the scope of 
          surveillance and the extent of data collection and retention.
              (3) Utilization of outside counsel.--The Special Advocate--
                      (A) may delegate to a competent outside counsel any 
                  duty or responsibility of the Special Advocate with 
                  respect to participation in a matter before the FISA 
                  Court, the FISA Court of Review, or the Supreme Court 
                  of the United States; and
                      (B) may not delegate to outside counsel any duty or 
                  authority set out in subparagraph (A), (B), (D), (F), 
                  or (G) of paragraph (1).
              (4) Availability of documents and material.--The FISA Court 
          or the FISA Court of Review, as appropriate, shall order any 
          agency, department, or entity to make available to the Special 
          Advocate, or appropriate outside counsel if utilized by the 
          Special Advocate under paragraph (3), any documents or other 
          material necessary to carry out the duties described in 
          paragraph (1).
  
  SEC. 4. ADVOCACY BEFORE THE FISA COURT.
  
      (a) Appointment To Participate.--
              (1) In general.--The FISA Court may appoint the Special 
          Advocate to participate in a FISA Court proceeding.
              (2) Standing.--If the Special Advocate is appointed to 
          participate in a FISA Court proceeding pursuant to paragraph 
          (1), the Special Advocate shall have standing as a party before 
          the FISA Court in that proceeding.
      (b) Reconsideration of a FISA Court Decision.--
              (1) Authority to move for reconsideration.--The Special 
          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 30 days after the 
          date on which all documents and materials relevant to the 
          decision are made available to the Special Advocate.
              (2) Discretion of the fisa court.--The FISA Court shall 
          have discretion to grant or deny a motion for reconsideration 
          made pursuant to paragraph (1).
      (c) Amicus Curiae Participation.--
              (1) Motion by the special advocate.--The Special Advocate 
          may file a motion with the FISA Court to permit and facilitate 
          participation of amicus curiae, including participation in oral 
          argument if appropriate, in any proceeding. The FISA Court 
          shall have the discretion to grant or deny such a motion.
              (2) Facilitation by the fisa court.--The FISA Court may, 
          sua sponte, permit and facilitate participation by amicus 
          curiae, including participation in oral argument if 
          appropriate, in proceedings before the FISA Court.
              (3) Regulations.--Not later than 180 days after the date of 
          the enactment of this Act, the FISA Court shall promulgate 
          rules to provide the public with information sufficient to 
          allow interested parties to participate as amicus curiae.
  
  SEC. 5. APPELLATE REVIEW.
  
      (a) Appeal of FISA Court Decisions.--
              (1) Authority to appeal.--The Special Advocate may appeal 
          any decision of the FISA Court issued after the date of the 
          enactment of this Act not later than 90 days after the date the 
          decision is issued, 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 enactment.
              (2) Standing as appellant.--If the Special Advocate appeals 
          a decision of the FISA Court pursuant to paragraph (1), the 
          Special Advocate shall have standing as a party before the FISA 
          Court of Review in such appeal.
              (3) Mandatory review.--The FISA Court of Review shall 
          review any FISA Court decision appealed by the Special Advocate 
          and issue a decision in such appeal.
              (4) Standard of review.--The standards for a mandatory 
          review of a FISA Court decision pursuant to paragraph (3) shall 
          be--
                      (A) de novo with respect to issues of law; and
                      (B) clearly erroneous with respect to determination 
                  of facts.
              (5) Amicus curiae participation.--
                      (A) In general.--The FISA Court of Review shall 
                  accept amicus curiae briefs from interested parties in 
                  all mandatory reviews pursuant to paragraph (3) and 
                  shall provide for amicus participation in oral argument 
                  if appropriate.
                      (B) Regulations.--Not later than 180 days after the 
                  date of the enactment of this Act, the FISA Court of 
                  Review shall promulgate rules to provide the public 
                  with information sufficient to allow interested parties 
                  to participate as amicus curiae.
      (b) Review of FISA Court of Review Decisions.--
              (1) Authority.--The Special 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 Review.
              (2) Standing.--In any proceedings before the Supreme Court 
          of the United States relating to a petition of certiorari filed 
          under paragraph (1) and any proceedings in a matter for which 
          certiorari is granted, the Special Advocate shall have standing 
          as a party.
  
  SEC. 6. DISCLOSURE.
  
      (a) Requirement To Disclose.--The Attorney General shall publicly 
  disclose--
              (1) all decisions issued by the FISA Court 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 appealed by the Special 
          Advocate pursuant to this Act; and
              (3) any FISA Court of Review decision that is issued after 
          an appeal by the Special Advocate.
      (b) Disclosure Described.--For each disclosure required by 
  subsection (a) with respect to a decision, the Attorney General shall 
  make available to the public documents sufficient--
              (1) to identify with particularity each legal question 
          addressed by the decision and how such question was resolved;
              (2) to describe in general terms the context in which the 
          matter arises;
              (3) to describe the construction or interpretation of any 
          statute, constitutional provision, or other legal authority 
          relied on by the decision; and
              (4) to indicate whether the decision departed from any 
          prior decision of the FISA Court or FISA Court of Review.
      (c) Documents Described.--The Attorney General shall satisfy the 
  disclosure requirements in subsection (b) by--
              (1) releasing a FISA Court or FISA Court of Review decision 
          in its entirety or as redacted;
              (2) releasing a summary of a FISA Court or FISA Court of 
          Review decision; or
              (3) releasing an application made to the FISA Court, briefs 
          filed before the FISA Court or the FISA Court of Review, or 
          other materials, in full or as redacted.
      (d) Extensive Disclosure.--The Attorney General shall release as 
  much information regarding the facts and analysis contained in a 
  decision described in subsection (a) or documents described in 
  subsection (c) as is consistent with legitimate national security 
  concerns.
      (e) Timing of Disclosure.--
              (1) 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 (a)(1) shall be disclosed not 
          later than 180 days after the date of the enactment of this 
          Act.
              (2) FISA court decisions.--The Attorney General shall 
          release FISA Court decisions appealed by the Special Advocate 
          not later than 30 days after the date the appeal is filed.
              (3) FISA court of review decisions.--The Attorney General 
          shall release FISA Court of Review decisions appealed by the 
          Special Advocate not later than 90 days after the date the 
          appeal is filed.
      (f) Petition by the Special Advocate.--
              (1) Authority to petition.--The Special Advocate may 
          petition the FISA Court or FISA Court of Review to order--
                      (A) the public disclosure of a decision of such a 
                  Court, and documents or other material relevant to such 
                  a decision, previously designated as classified 
                  information; or
                      (B) the release of an unclassified summary of such 
                  decisions and documents.
              (2) Contents of petition.--Each petition filed under 
          paragraph (1) shall contain a detailed declassification 
          proposal or a summary of the decision and documents that the 
          Special Advocate proposes to have released publicly.
              (3) Role of the attorney general.--
                      (A) Copy of petition.--The Special Advocate shall 
                  provide to the Attorney General a copy of each petition 
                  filed under paragraph (1).
                      (B) Opposition.--The Attorney General may oppose a 
                  petition filed under paragraph (1) by submitting any 
                  objections in writing to the FISA Court or the FISA 
                  Court of Review, as appropriate, not later than 90 days 
                  after the date such petition was submitted.
              (4) Public availability.--Not less than 91 days after 
          receiving a petition under paragraph (1), and taking into 
          account any objections from the Attorney General made under 
          paragraph (3)(B), the FISA Court or FISA Court of Review, as 
          appropriate, shall declassify and make readily available to the 
          public any decision, document, or other material requested in 
          such petition, if such decision, document, or other material 
          pertain to a decision that contains a significant construction 
          or interpretation of law, to the greatest extent possible, 
          consistent with legitimate national security considerations.
              (5) Effective date.--The Special Advocate may not file a 
          petition under paragraph (1) until 181 days after the date of 
          the enactment of this Act, except with respect to a decision 
          appealed by the Special Advocate.
  
  SEC. 7. ANNUAL REPORT TO CONGRESS.
  
      (a) Requirement for Annual Report.--The Special Advocate shall 
  submit to Congress an annual report on the implementation of this Act.
      (b) Contents.--Each annual report submitted under subsection (a) 
  shall--
              (1) detail the activities of the Office;
              (2) provide an assessment of the effectiveness of this Act; 
          and
              (3) propose any new legislation to improve the functioning 
          of the Office or the operation of the FISA Court or the FISA 
          Court of Review.
  
  SEC. 8. PRESERVATION OF RIGHTS.
  
      Nothing in this Act shall be construed--
              (1) to provide the Attorney General with authority to 
          prevent the FISA Court or FISA Court of Review from 
          declassifying decisions or releasing information pursuant to 
          this Act; and
              (2) to eliminate the public's ability to secure information 
          under section 552 of title 5, United States Code (commonly 
          known as the ``Freedom of Information Act'') or any other 
          provision of law.
target: FISA Court Reform Act of 2013 - Establishes as an independent establishment in the executive branch an Office of the Special Advocate to protect individual rights by advocating in cases before courts 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 presiding judge of the FISA Court of Review to appoint a Special 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 Special Advocate to: (1) review each application to the FISA Court by the Attorney General and each decision of the FISA Court or the FISA Court of Review, and (2) participate in proceedings before the FISA Court when appointed to participate by such Court. Permits the Special Advocate to request to participate in such proceedings, request reconsideration of FISA Court decisions, and appeal or seek review of FISA Court or FISA Court of Review decisions. Directs such Courts to promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae.  Authorizes the Special 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 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 appealed by the Special Advocate, and (3) any FISA Court of Review decision issued after an appeal by the Special 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 Special Advocate to petition the FISA Court 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.
feat_title: FISA Court Reform Act of 2013