[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2440 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2440
To require the Attorney General to disclose each decision, order, or
opinion of a Foreign Intelligence Surveillance Court that includes
significant legal interpretation of section 501 or 702 of the Foreign
Intelligence Surveillance Act of 1978 unless such disclosure is not in
the national security interest of the United States and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2013
Ms. Jackson Lee (for herself, Mr. Moran, Ms. Clarke, Mr. Lewis, Mr.
Johnson of Georgia, Ms. Lee of California, Mr. Danny K. Davis of
Illinois, Mr. McGovern, Ms. Bass, Mr. Rangel, and Mr. Cicilline)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Select Committee on Intelligence
(Permanent Select), for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Attorney General to disclose each decision, order, or
opinion of a Foreign Intelligence Surveillance Court that includes
significant legal interpretation of section 501 or 702 of the Foreign
Intelligence Surveillance Act of 1978 unless such disclosure is not in
the national security interest of the United States and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FISA Court in the Sunshine Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Secret law is inconsistent with democratic governance.
In order for the rule of law to prevail, the requirements of
the law must be publicly discoverable.
(2) The United States Court of Appeals for the Seventh
Circuit stated in 1998 that the ``idea of secret laws is
repugnant''.
(3) The open publication of laws and directives is a
defining characteristic of government of the United States. The
first Congress of the United States mandated that every ``law,
order, resolution, and vote [shall] be published in at least
three of the public newspapers printed within the United
States''.
(4) The practice of withholding decisions of the Foreign
Intelligence Surveillance Court is at odds with the United
States tradition of open publication of law.
(5) The Foreign Intelligence Surveillance Court
acknowledges that such Court has issued legally significant
interpretations of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) that are not accessible to the
public.
(6) The exercise of surveillance authorities under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), as interpreted by secret court opinions, potentially
implicates the communications of United States persons who are
necessarily unaware of such surveillance.
(7) Section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861), as amended by section 215 of the
USA PATRIOT Act (Public Law 107-56; 115 Stat. 287), authorizes
the Federal Bureau of Investigation to require the production
of ``any tangible things'' and the extent of such authority, as
interpreted by secret court opinions, has been concealed from
the knowledge and awareness of the people of the United States.
(8) In 2010, the Department of Justice and the Office of
the Director of National Intelligence established a process to
review and declassify opinions of the Foreign Intelligence
Surveillance Court, but more than two years later no
declassifications have been made.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that each decision, order, or opinion
issued by the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes significant
construction or interpretation of section 501 or section 702 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and
1881a) should be declassified in a manner consistent with the
protection of national security, intelligence sources and methods, and
other properly classified and sensitive information.
SEC. 4. REQUIREMENT FOR DISCLOSURE OF DECISIONS, ORDERS, AND OPINIONS
OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Section 501.--
(1) In general.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding
at the end the following:
``(i) Disclosure of Decisions.--
``(1) Decision defined.--In this subsection, the term
`decision' means any decision, order, or opinion issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of this section.
``(2) Requirement for disclosure.--Subject to paragraphs
(3) and (4), the Attorney General shall declassify and make
available to the public--
``(A) each decision that is required to be
submitted to committees of Congress under section
601(c), not later than 45 days after such opinion is
issued; and
``(B) each decision issued prior to the date of the
enactment of the FISA Court in the Sunshine Act of 2013
that was required to be submitted to committees of
Congress under section 601(c), not later than 180 days
after such date of enactment.
``(3) Unclassified summaries.--Notwithstanding paragraph
(2) and subject to paragraph (4), if the Attorney General makes
a determination that a decision may not be declassified and
made available in a manner that protects the national security
of the United States, including methods or sources related to
national security, the Attorney General shall release an
unclassified summary of such decision.
``(4) Unclassified report.--Notwithstanding paragraphs (2)
and (3), if the Attorney General makes a determination that any
decision may not be declassified under paragraph (2) and an
unclassified summary of such decision may not be made available
under paragraph (3), the Attorney General shall make available
to the public an unclassified report on the status of the
internal deliberations and process regarding the
declassification by personnel of Executive branch of such
decisions. Such report shall include--
``(A) an estimate of the number of decisions that
will be declassified at the end of such deliberations;
and
``(B) an estimate of the number of decisions that,
through a determination by the Attorney General, shall
remain classified to protect the national security of
the United States.''.
(2) Section 702.--Section 702(l) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is
amended by adding at the end the following:
``(4) Disclosure of decisions.--
``(A) Decision defined.--In this paragraph, the
term `decision' means any decision, order, or opinion
issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of
Review that includes significant construction or
interpretation of this section.
``(B) Requirement for disclosure.--Subject to
subparagraphs (C) and (D), the Attorney General shall
declassify and make available to the public--
``(i) each decision that is required to be
submitted to committees of Congress under
section 601(c), not later than 45 days after
such opinion is issued; and
``(ii) each decision issued prior to the
date of the enactment of the FISA Court in the
Sunshine Act of 2013 that was required to be
submitted to committees of Congress under
section 601(c), not later than 180 days after
such date of enactment.
``(C) Unclassified summaries.--Notwithstanding
subparagraph (B) and subject to subparagraph (D), if
the Attorney General makes a determination that a
decision may not be declassified and made available in
a manner that protects the national security of the
United States, including methods or sources related to
national security, the Attorney General shall release
an unclassified summary of such decision.
``(D) Unclassified report.--Notwithstanding
subparagraphs (B) and (C), if the Attorney General
makes a determination that any decision may not be
declassified under subparagraph (B) and an unclassified
summary of such decision may not be made available
under subparagraph (C), the Attorney General shall make
available to the public an unclassified report on the
status of the internal deliberations and process
regarding the declassification by personnel of
Executive branch of such decisions. Such report shall
include--
``(i) an estimate of the number of
decisions that will be declassified at the end
of such deliberations; and
``(ii) an estimate of the number of
decisions that, through a determination by the
Attorney General, shall remain classified to
protect the national security of the United
States.''.
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