Sec. 2. Office of the Privacy Advocate General
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The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new title: There is established an independent office in the Executive branch to be known as the Office of the Privacy Advocate General. There is a Privacy Advocate General, who shall be the head of the Office of the Privacy Advocate General, who shall be appointed jointly by the Chief Justice of the United States and the most senior associate justice of the Supreme Court appointed by a President that at the time of appointment was a member of a political party other than the political party of the President that appointed the Chief Justice.
The Privacy Advocate General shall serve a term of 7 years and may be reappointed in accordance with paragraph (1). Notwithstanding any other provision of this Act, the Privacy Advocate General— shall serve as the opposing counsel with respect to any application by the Federal Government for an order or directive under this Act and any review of a certification or targeting procedures under this Act, including in any proceedings before a court or review of an application, certification, or targeting procedures under this Act that would otherwise be conducted ex parte; shall, in carrying out paragraph (1), oppose any Federal Government request for an order or directive under this Act and any certification or targeting procedures under this Act and argue the merits of the opposition before the court concerned, including any arguments relating to the constitutionality of a provision of law under which the Federal Government is seeking an order or directive; and may request the court established under subsection
(a)or
(b)of section 103 to make publicly available an order, decision, or opinion of such court. The Privacy Advocate General may— appeal a decision of the court established under subsection
(a)of section 103 to the court established under subsection
(b)of such section; and petition the Supreme Court for a writ of certiorari for review of a decision of the court established under section 103(b). The Privacy Advocate General shall appoint such staff of the Office of the Privacy Advocate General as the Privacy Advocate General considers necessary to carry out the duties of the Privacy Advocate General. The President shall ensure that the Privacy Advocate General and the staff of the Office of the Privacy Advocate General appointed under subsection
(b)possess appropriate security clearances to carry out the duties of the Privacy Advocate General under this section. . The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 note) is amended by adding at the end the following new items: Title IX—Privacy Advocate General Sec. 901. Privacy Advocate General. . Section 103(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(b) ) is amended— by striking review the denial and inserting review the approval or denial ; by striking properly denied and inserting properly approved or denied, as the case may be ; and by striking petition of the United States and inserting petition .
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