Sec. 4. Appointment of amicus curiae
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Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ) is amended by adding at the end the following: Notwithstanding any other provision of law, a court established under subsection
(a)or
(b)is authorized, consistent with the requirement of subsection
(c)and any other statutory requirement that the court act expeditiously or within a stated time, to appoint amicus curiae to assist the court in the consideration of a covered application. In this subsection: The term appropriate committees of Congress means— the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. The term covered application means an application for an order or review made to a court established under subsection
(a)or (b)— that, in the opinion of such a court, presents a novel or significant interpretation of the law; and that is— an application for an order under this title, title III, IV, or V of this Act, or section 703 or 704 of this Act; a review of a certification or procedures under section 702 of this Act; or a notice of non-compliance with any such order, certification, or procedures. The courts established by subsection
(a)and
(b)shall each designate 1 or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified national security information, including sensitive compartmented information, who may be appointed to serve as amicus curiae. In appointing an amicus curiae pursuant to paragraph (1), the court may choose from among those so designated. An individual appointed as an amicus curiae under paragraph
(1)may be a special counsel or an expert on privacy and civil liberties, intelligence collection, telecommunications, or any other area that may lend legal or technical expertise to the court. An amicus curiae appointed under paragraph
(1)to assist with the consideration of a covered application shall carry out the duties assigned by the appointing court. That court may authorize, to the extent consistent with the case or controversy requirements of Article III of the Constitution of the United States and the national security of the United States, the 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. A court established under subsection
(a)or
(b)shall notify the Attorney General of each exercise of the authority to appoint an 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, support, or other administration of an amicus curiae appointed under paragraph
(1)in a manner that is not inconsistent with this subsection. The Attorney General shall submit to the appropriate committees of Congress an annual report on the number of notices described in paragraph
(6)received by Attorney General for the preceding 12-month period. .
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Sec. 4
Appointment of amicus curiae
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