FISA Court Reform Act of 2013
Latest action. Read twice and referred to the Committee on the Judiciary.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on August 1, 2013. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on August 1, 2013: Read twice and referred to the Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Richard Blumenthal (D-CT) introduced it on August 1, 2013, and 18 members have since signed on as cosponsors.
They are 18 Democrats.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on August 1, 2013, 4788 days ago. The most recent recorded action was 4788 days ago, on August 1, 2013.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers