Sec. 6. Disclosure

612 words·~3 min read·/bill/113/s/1467/is/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Attorney General shall publicly disclose— 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; any decision of the FISA Court appealed by the Special Advocate pursuant to this Act; and any FISA Court of Review decision that is issued after an appeal by the Special Advocate. For each disclosure required by subsection

(a)with respect to a decision, the Attorney General shall make available to the public documents sufficient— to identify with particularity each legal question addressed by the decision and how such question was resolved; to describe in general terms the context in which the matter arises; to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and to indicate whether the decision departed from any prior decision of the FISA Court or FISA Court of Review. The Attorney General shall satisfy the disclosure requirements in subsection

(b)by— releasing a FISA Court or FISA Court of Review decision in its entirety or as redacted; releasing a summary of a FISA Court or FISA Court of Review decision; or 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. 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. 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. 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. 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. The Special Advocate may petition the FISA Court or FISA Court of Review to order— 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 the release of an unclassified summary of such decisions and documents. 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. The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). 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. 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. 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.