S.Amdt. 1896

SA 1896. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment
intended to be proposed by him to the bill S. 139, to implement the use
of Rapid DNA instruments to inform decisions about pretrial release or
detention and their conditions, to solve and prevent violent crimes and
other crimes, to exonerate the innocent, to prevent DNA analysis
backlogs, and for other purposes; which was ordered to lie on the
table; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Uniting
and Strengthening America by Reforming and Improving the
Government's High-Tech Surveillance Act of 2017'' or the
``USA RIGHTS Act of 2017''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification on prohibition on querying of collections of
communications to conduct warrantless queries for the
communications of United States persons and persons
inside the United States.
Sec. 3. Prohibition on reverse targeting under certain authorities of
the Foreign Intelligence Surveillance Act of 1978.
Sec. 4. Prohibition on acquisition, pursuant to certain FISA
authorities to target certain persons outside the United
States, of communications that do not include persons
targeted under such authorities.
Sec. 5. Prohibition on acquisition of entirely domestic communications
under authorities to target certain persons outside the
United States.
Sec. 6. Limitation on use of information obtained under certain
authority of Foreign Intelligence Surveillance Act of
1978 relating to United States persons.
Sec. 7. Reforms of the Privacy and Civil Liberties Oversight Board.
Sec. 8. Improved role in oversight of electronic surveillance by amici
curiae appointed by courts under Foreign Intelligence
Surveillance Act of 1978.
Sec. 9. Reforms to the Foreign Intelligence Surveillance Court.
Sec. 10. Study and report on diversity and representation on the FISA
Court and the FISA Court of Review.
Sec. 11. Grounds for determining injury in fact in civil action
relating to surveillance under certain provisions of
Foreign Intelligence Surveillance Act of 1978.
Sec. 12. Clarification of applicability of requirement to declassify
significant decisions of Foreign Intelligence
Surveillance Court and Foreign Intelligence Surveillance
Court of Review.
Sec. 13. Clarification regarding treatment of information acquired
under Foreign Intelligence Surveillance Act of 1978.
Sec. 14. Limitation on technical assistance from electronic
communication service providers under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 15. Modification of authorities for public reporting by persons
subject to nondisclosure requirement accompanying order
under Foreign Intelligence Surveillance Act of 1978.
Sec. 16. Annual publication of statistics on number of persons targeted
outside the United States under certain Foreign
Intelligence Surveillance Act of 1978 authority.
Sec. 17. Repeal of nonapplicability to Federal Bureau of Investigation
of certain reporting requirements under Foreign
Intelligence Surveillance Act of 1978.
Sec. 18. Publication of estimates regarding communications collected
under certain provision of Foreign Intelligence
Surveillance Act of 1978.
Sec. 19. Four-year extension of FISA Amendments Act of 2008.

SEC. 2. CLARIFICATION ON PROHIBITION ON QUERYING OF
COLLECTIONS OF COMMUNICATIONS TO CONDUCT
WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS AND PERSONS INSIDE THE
UNITED STATES.

Section 702(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
such subparagraphs, as so redesignated, an additional two ems
from the left margin;
(2) by striking ``An acquisition'' and inserting the
following:
``(1) In general.--An acquisition''; and
(3) by adding at the end the following:
``(2) Clarification on prohibition on querying of
collections of communications of united states persons and
persons inside the united states.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), no officer or employee of the United States may
conduct a

[[Page S207]]

query of information acquired under this section in an effort
to find communications of or about a particular United States
person or a person inside the United States.
``(B) Concurrent authorization and exception for emergency
situations.--Subparagraph (A) shall not apply to a query for
communications related to a particular United States person
or person inside the United States if--
``(i) such United States person or person inside the United
States is the subject of an order or emergency authorization
authorizing electronic surveillance or physical search under
section 105, 304, 703, 704, or 705 of this Act, or under
title 18, United States Code, for the effective period of
that order;
``(ii) the entity carrying out the query has a reasonable
belief that the life or safety of such United States person
or person inside the United States is threatened and the
information is sought for the purpose of assisting that
person;
``(iii) such United States person or person in the United
States is a corporation; or
``(iv) such United States person or person inside the
United States has consented to the query.
``(C) Queries of federated data sets and mixed data.--If an
officer or employee of the United States conducts a query of
a data set, or of federated data sets, that includes any
information acquired under this section, the system shall be
configured not to return such information unless the officer
or employee enters a code or other information indicating
that--
``(i) the person associated with the search term is not a
United States person or person inside the United States; or
``(ii) if the person associated with the search term is a
United States person or person inside the United States, one
or more of the conditions of subparagraph (B) are satisfied.
``(D) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event that a query for
communications related to a particular United States person
or a person inside the United States is conducted pursuant to
an emergency authorization authorizing electronic
surveillance or a physical search described in subsection
(B)(i) and the application for such emergency authorization
is denied, or in any other case in which the query has been
conducted and no order is issued approving the query--

``(I) no information obtained or evidence derived from such
query may be received in evidence or otherwise disclosed in
any trial, hearing, or other proceeding in or before any
court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof; and
``(II) no information concerning any United States person
acquired from such query may subsequently be used or
disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the
approval of the Attorney General if the information indicates
a threat of death or serious bodily harm to any person.

``(ii) Assessment of compliance.--The Attorney General
shall assess compliance with the requirements under clause
(i).''.

SEC. 3. PROHIBITION ON REVERSE TARGETING UNDER CERTAIN
AUTHORITIES OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.

Section 702 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1881a), as amended by section 2, is further
amended--
(1) in subsection (b)(1)(B), as redesignated by section 2,
by striking ``the purpose of such acquisition is to target''
and inserting ``a significant purpose of such acquisition is
to acquire the communications of'';
(2) in subsection (d)(1)(A)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--
``(i) that''; and
(B) by adding at the end the following:
``(ii) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and'';
(3) in subsection (g)(2)(A)(i)(I)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--
``(aa) that''; and
(B) by adding at the end the following:
``(bb) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and''; and
(4) in subsection (i)(2)(B)(i)--
(A) by striking ``ensure that'' and inserting the
following: ``ensure--

``(I) that''; and

(B) by adding at the end the following:

``(II) that an application is filed under title I, if
otherwise required, when a significant purpose of an
acquisition authorized under subsection (a) is to acquire the
communications of a particular, known person reasonably
believed to be located in the United States; and''.

SEC. 4. PROHIBITION ON ACQUISITION, PURSUANT TO CERTAIN FISA
AUTHORITIES TO TARGET CERTAIN PERSONS OUTSIDE
THE UNITED STATES, OF COMMUNICATIONS THAT DO
NOT INCLUDE PERSONS TARGETED UNDER SUCH
AUTHORITIES.

Section 702(b)(1) of the Foreign Intelligence Surveillance
Act of 1978, as redesignated by section 2, is amended--
(1) in subparagraph (D), as redesignated by section 2, by
striking ``; and'' and inserting a semicolon;
(2) by redesignating subparagraph (E) as subparagraph (G);
and
(3) by inserting after subparagraph (D) the following:
``(E) may not acquire a communication as to which no
participant is a person who is targeted pursuant to the
authorized acquisition;''.

SEC. 5. PROHIBITION ON ACQUISITION OF ENTIRELY DOMESTIC
COMMUNICATIONS UNDER AUTHORITIES TO TARGET
CERTAIN PERSONS OUTSIDE THE UNITED STATES.

Section 702(b)(1) of the Foreign Intelligence Surveillance
Act of 1978, as redesignated by section 2 and amended by
section 4, is further amended by inserting after subparagraph
(E), as added by section 4, the following:
``(F) may not acquire communications known to be entirely
domestic; and''.

SEC. 6. LIMITATION ON USE OF INFORMATION OBTAINED UNDER
CERTAIN AUTHORITY OF FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978 RELATING TO UNITED
STATES PERSONS.

Section 706(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881e(a)) is amended--
(1) by striking ``Information acquired'' and inserting the
following:
``(1) In general.--Information acquired''; and
(2) by adding at the end the following:
``(2) Limitation on use in criminal, civil, and
administrative proceedings and investigations.--No
communication to or from, or information about, a person
acquired under section 702 who is either a United States
person or is located in the United States may be introduced
as evidence against the person in any criminal, civil, or
administrative proceeding or used as part of any criminal,
civil, or administrative investigation, except--
``(A) with the prior approval of the Attorney General; and
``(B) in a proceeding or investigation in which the
information is directly related to and necessary to address a
specific threat of--
``(i) terrorism (as defined in clauses (i) through (iii) of
section 2332(g)(5)(B) of title 18, United States Code);
``(ii) espionage (as used in chapter 37 of title 18, United
States Code);
``(iii) proliferation or use of a weapon of mass
destruction (as defined in section 2332a(c) of title 18,
United States Code);
``(iv) a cybersecurity threat from a foreign country;
``(v) incapacitation or destruction of critical
infrastructure (as defined in section 1016(e) of the Uniting
and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT
ACT) Act of 2001 (42 U.S.C. 5195c(e))); or
``(vi) a threat to the armed forces of the United States or
an ally of the United States or to other personnel of the
United States Government or a government of an ally of the
United States.''.

SEC. 7. REFORMS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.

(a) Inclusion of Foreign Intelligence Activities in
Oversight Authority of the Privacy and Civil Liberties
Oversight Board.--Section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) is
amended--
(1) in subsection (c), by inserting ``and to conduct
foreign intelligence activities'' after ``terrorism'' each
place such term appears; and
(2) in subsection (d), ``and to conduct foreign
intelligence activities'' after ``terrorism'' each place such
term appears.
(b) Submission of Whistleblower Complaints to the Privacy
and Civil Liberties Oversight Board.--
(1) In general.--Section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as
amended by subsection (a), is further amended--
(A) in subsection (d), by adding at the end the following:
``(5) Whistleblower complaints.--
``(A) Submission to board.--An employee of, or contractor
or detailee to, an element of the intelligence community may
submit to the Board a complaint or information that such
employee, contractor, or detailee believes relates to a
privacy or civil liberties concern. The confidentiality
provisions under section 2409(b)(3) of title 10, United
States Code, shall apply to a submission under this
subparagraph. Any disclosure under this subparagraph shall be
protected against discrimination under the procedures,
burdens of proof, and remedies set forth in section 2409 of
such title.
``(B) Authority of board.--The Board may take such action
as the Board considers appropriate with respect to
investigating a complaint or information submitted under
subparagraph (A) or transmitting such complaint or
information to any other Executive agency or the
congressional intelligence committees.
``(C) Relationship to existing laws.--The authority under
subparagraph (A) of an employee, contractor, or detailee to
submit to the Board a complaint or information shall be in
addition to any other authority under

[[Page S208]]

another provision of law to submit a complaint or
information. Any action taken under any other provision of
law by the recipient of a complaint or information shall not
preclude the Board from taking action relating to the same
complaint or information.
``(D) Relationship to actions taken under other laws.--
Nothing in this paragraph shall prevent--
``(i) any individual from submitting a complaint or
information to any authorized recipient of the complaint or
information; or
``(ii) the recipient of a complaint or information from
taking independent action on the complaint or information.'';
and
(B) by adding at the end the following:
``(n) Definitions.--In this section, the terms
`congressional intelligence committees' and `intelligence
community' have the meanings given such terms in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).''.
(2) Prohibited personnel practices.--Section 2302(b)(8)(B)
of title 5, United States Code, is amended, in the matter
preceding clause (i), by striking ``or to the Inspector of an
agency or another employee designated by the head of the
agency to receive such disclosures'' and inserting ``the
Inspector General of an agency, a supervisor in the
employee's direct chain of command (up to and including the
head of the employing agency), the Privacy and Civil
Liberties Oversight Board, or an employee designated by any
of the aforementioned individuals for the purpose of
receiving such disclosures''.
(c) Privacy and Civil Liberties Oversight Board Subpoena
Power.--Section 1061(g) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is
amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(d) Appointment of Staff of the Privacy and Civil Liberties
Oversight Board.--Section 1061(j) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Appointment in absence of chairman.--If the position
of chairman of the Board is vacant, during the period of the
vacancy the Board, at the direction of the majority of the
members of the Board, may exercise the authority of the
chairman under paragraph (1).''.
(e) Tenure and Compensation of Privacy and Civil Liberties
Oversight Board Members and Staff.--
(1) In general.--Section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as
amended by subsections (a) and (b), is further amended--
(A) in subsection (h)--
(i) in paragraph (1), by inserting ``full-time'' after ``4
additional''; and
(ii) in paragraph (4)(B), by striking ``, except that'' and
all that follows through the end and inserting a period;
(B) in subsection (i)(1)--
(i) in subparagraph (A), by striking ``level III of the
Executive Schedule under section 5314'' and inserting ``level
II of the Executive Schedule under section 5313''; and
(ii) in subparagraph (B), by striking ``level IV of the
Executive Schedule'' and all that follows through the end and
inserting ``level III of the Executive Schedule under section
5314 of title 5, United States Code.''; and
(C) in subsection (j)(1), by striking ``level V of the
Executive Schedule under section 5316'' and inserting ``level
IV of the Executive Schedule under section 5315''.
(2) Effective date; applicability.--
(A) In general.--The amendments made by paragraph (1)--
(i) shall take effect on the date of the enactment of this
Act; and
(ii) except as provided in paragraph (2), shall apply to
any appointment to a position as a member of the Privacy and
Civil Liberties Oversight Board made on or after the date of
the enactment of this Act.
(B) Exceptions.--
(i) Compensation changes.--The amendments made by
subparagraphs (B)(i) and (C) of paragraph (1) shall take
effect on the first day of the first pay period beginning
after the date of the enactment of this Act.
(ii) Election to serve full time by incumbents.--

(I) In general.--An individual serving as a member of the
Privacy and Civil Liberties Oversight Board on the date of
the enactment of this Act, including a member continuing to
serve as a member under section 1061(h)(4)(B) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee(h)(4)(B)), (referred to in this clause as a
``current member'') may make an election to--

(aa) serve as a member of the Privacy and Civil Liberties
Oversight Board on a full-time basis and in accordance with
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by this
section; or
(bb) serve as a member of the Privacy and Civil Liberties
Oversight Board on a part-time basis in accordance with such
section 1061, as in effect on the day before the date of the
enactment of this Act, including the limitation on service
after the expiration of the term of the member under
subsection (h)(4)(B) of such section, as in effect on the day
before the date of the enactment of this Act.

(II) Election to serve full time.--A current member making
an election under subclause (I)(aa) shall begin serving as a
member of the Privacy and Civil Liberties Oversight Board on
a full-time basis on the first day of the first pay period
beginning not less than 60 days after the date on which the
current member makes such election.

(f) Provision of Information About Government Activities
Under the Foreign Intelligence Surveillance Act of 1978 to
the Privacy and Civil Liberties Oversight Board.--The
Attorney General shall fully inform the Privacy and Civil
Liberties Oversight Board about any activities carried out by
the Government under the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), including by providing
to the Board--
(1) copies of each detailed report submitted to a committee
of Congress under such Act; and
(2) copies of each decision, order, and opinion of the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review required to be
included in the report under section 601(a) of such Act (50
U.S.C. 1871(a)).

SEC. 8. IMPROVED ROLE IN OVERSIGHT OF ELECTRONIC SURVEILLANCE
BY AMICI CURIAE APPOINTED BY COURTS UNDER
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Role of Amici Curiae Generally.--
(1) In general.--Section 103(i)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(1))
is amended by adding at the end the following: ``Any amicus
curiae designated pursuant to this paragraph may raise any
issue with the Court at any time.''.
(2) Referral of cases for review.--Section 103(i) of such
Act is amended--
(A) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Referral for review.--
``(A) Referral to foreign intelligence surveillance court
en banc.--If the court established under subsection (a)
appoints an amicus curiae under paragraph (2)(A) to assist
the Court in the consideration of any matter presented to the
Court under this Act and the Court makes a decision with
respect to such matter, the Court, in response to an
application by the amicus curiae or any other individual
designated under paragraph (1), may refer the decision to the
Court en banc for review as the Court considers appropriate.
``(B) Referral to foreign intelligence surveillance court
of review.--If the court established under subsection (a)
appoints an amicus curiae under paragraph (2)(A) to assist
the Court in the consideration of any matter presented to the
Court under this Act and the Court makes a decision with
respect to such matter, the Court, in response to an
application by the amicus curiae or any other individual
designated under paragraph (1) may refer the decision to the
court established under subsection (b) for review as the
Court considers appropriate.
``(C) Referral to supreme court.--If the Court of Review
appoints an amicus curiae under paragraph (2) to assist the
Court of Review in the review of any matter presented to the
Court of Review under this Act or a question of law that may
affect resolution of a matter in controversy and the Court of
Review makes a decision with respect to such matter or
question of law, the Court of Review, in response to an
application by the amicus curiae or any other individual
designated under paragraph (1) may refer the decision to the
Supreme Court for review as the Court of Review considers
appropriate.
``(D) Annual report.--Not later than 60 days after the end
of each calendar year, the Court and the Court of Review
shall each publish, on their respective Internet websites, a
report listing--
``(i) the number of applications for referral received by
the Court or the Court of Review, as applicable, during the
most recently concluded calendar year; and
``(ii) the number of such applications for referral that
were granted by the Court or the Court of Review, as
applicable, during such calendar year.''.
(3) Assistance.--Section 103(i)(6) of such Act, as
redesignated, is further amended to read as follows:
``(6) Assistance.--Any individual designated pursuant to
paragraph (1) may raise a legal or technical issue or any
other issue with the Court or the Court of Review at any
time. If an amicus curiae is appointed under paragraph
(2)(A)--
``(A) the court shall notify all other amicus curiae
designated under paragraph (1) of such appointment;
``(B) the appointed amicus curiae may request, either
directly or through the court, the assistance of the other
amici curiae designated under paragraph (1); and
``(C) all amici curiae designated under paragraph (1) may
provide input to the court whether or not such input was
formally requested by the court or the appointed amicus
curiae.''.
(4) Access to information.--Section 103(i)(7) of such Act,
as redesignated, is further amended--
(A) in subparagraph (A)--
(i) in clause (i)--

[[Page S209]]

(I) by striking ``that the court'' and inserting the
following: ``that--
``(I) the court''; and
(II) by striking ``and'' at the end and inserting the
following: ``or
``(II) are cited by the Government in an application or
case with respect to which an amicus curiae is assisting a
court under this subsection;'';

(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
``(ii) shall have access to an unredacted copy of each
decision made by a court established under subsection (a) or
(b) in which the court decides a question of law,
notwithstanding whether the decision is classified; and'';
(B) in subparagraph (B), by striking ``may'' and inserting
``shall''; and
(C) in subparagraph (C)--
(i) in the subparagraph heading, by striking ``Classified
information'' and inserting ``Access to information''; and
(ii) by striking ``court may have access'' and inserting
the following: ``court--
``(i) shall have access to unredacted copies of each
opinion, order, transcript, pleading, or other document of
the Court and the Court of Review; and
``(ii) may have access''.
(5) Public notice and receipt of briefs from third
parties.--Section 103(i) of such Act, as amended by this
subsection, is further amended by adding at the end the
following:
``(12) Public notice and receipt of briefs from third
parties.--Whenever a court established under subsection (a)
or (b) considers a novel a question of law that can be
considered without disclosing classified information,
sources, or methods, the court shall, to the greatest extent
practicable, consider such question in an open manner--
``(A) by publishing on its Internet website each question
of law that the court is considering; and
``(B) by accepting briefs from third parties relating to
the question under consideration by the court.''.
(b) Participation of Amici Curiae in Oversight of
Authorizations for Targeting of Certain Persons Outside the
United States Other Than United States Persons.--
(1) In general.--Section 702(i)(2) of such Act (50 U.S.C.
1881a(i)(2)) is amended--
(A) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and adjusting
the indentation of the margin of such subclauses, as so
redesignated, two ems to the right;
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and adjusting the
indentation of the margin of such clauses, as so
redesignated, two ems to the right;
(C) by inserting before clause (i), as redesignated by
subparagraph (B), the following:
``(A) In general.--''; and
(D) by adding at the end the following:
``(B) Participation by amici curiae.--In reviewing a
certification under subparagraph (A)(i), the Court shall
randomly select an amicus curiae designated under section
103(i) to assist with such review.''.
(2) Schedule.--Section 702(i)(5)(A) of such Act is amended
by striking ``at least 30 days prior to the expiration of
such authorization'' and inserting ``such number of days
before the expiration of such authorization as the Court
considers necessary to comply with the requirements of
paragraph (2)(B) or 30 days, whichever is greater''.
(c) Public Notice of Questions of Law Certified for
Review.--Section 103(j) of such Act (50 U.S.C. 1803(j)) is
amended--
(1) by striking ``Following'' and inserting the following:
``(1) In general.--Following''; and
(2) by adding at the end the following:
``(2) Public notice.--
``(A) In general.--Except as provided in subparagraph (B),
whenever a court established under subsection (a) certifies a
question of law for review under paragraph (1) of this
subsection, the court shall publish on its Internet website--
______