Sec. 402. Declassification of decisions, orders, and opinions
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Title VI ( 50 U.S.C. 1871 et seq. ) is amended— in the heading, by striking and inserting Reporting Requirement ; and Oversight by adding at the end the following new section: Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of law, including any novel or significant construction or interpretation of the term specific selection term , and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.
The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection
(a)to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form. The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection
(a)if— the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and the Director of National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence— summarizing the significant construction or interpretation of law, which shall include, to the extent consistent with national security, each legal question addressed by the decision and how such question was resolved, in general terms the context in which the matter arises, and a description of the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. . The table of contents in the first section is amended— by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. .
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Sec. 402
Declassification of decisions, orders, and opinions
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