Sec. 401. Appointment of amicus curiae
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Section 103 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: A court established under subsection
(a)or (b), consistent with the requirement of subsection
(c)and any other statutory requirement that the court act expeditiously or within a stated time— shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. The presiding judges of the courts established under subsections
(a)and
(b)shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. An individual appointed to serve as amicus curiae under paragraph
(1)shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. The presiding judges of the courts established under subsections
(a)and
(b)shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). A court established under subsection
(a)or
(b)may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. A court established under subsection
(a)or
(b)may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph
(1)in a manner that is not inconsistent with this subsection. .
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Sec. 401
Appointment of amicus curiae
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