Sec. 8. Improved role in oversight of electronic surveillance by amici curiae appointed by courts under Foreign Intelligence Surveillance Act of 1978
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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. . Section 103(i) of such Act is amended— by redesignating paragraphs
(5)through
(10)as paragraphs
(6)through (11), respectively; and by inserting after paragraph
(4)the following: 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. 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. 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. 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— 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 the number of such applications for referral that were granted by the Court or the Court of Review, as applicable, during such calendar year. . Section 103(i)(6) of such Act, as redesignated, is further amended to read as follows: 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)— the court shall notify all other amicus curiae designated under paragraph
(1)of such appointment; the appointed amicus curiae may request, either directly or through the court, the assistance of the other amici curiae designated under paragraph (1); and 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. . Section 103(i)(7) of such Act, as redesignated, is further amended— in subparagraph (A)— in clause (i)— by striking that the court and inserting the following: “that— the court ; and by striking and at the end and inserting the following: “or are cited by the Government in an application or case with respect to which an amicus curiae is assisting a court under this subsection; ; by redesignating clause
(ii)as clause (iii); and by inserting after clause
(i)the following: 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 ; in subparagraph (B), by striking may and inserting shall ; and in subparagraph (C)— in the subparagraph heading, by striking and inserting Classified information ; and Access to information by striking court may have access and inserting the following: “court— shall have access to unredacted copies of each opinion, order, transcript, pleading, or other document of the Court and the Court of Review; and may have access . Section 103(i) of such Act, as amended by this subsection, is further amended by adding at the end the following: 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— by publishing on its Internet website each question of law that the court is considering; and by accepting briefs from third parties relating to the question under consideration by the court. . Section 702(i)(2) of such Act ( 50 U.S.C. 1881a(i)(2) ) is amended— 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; 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; by inserting before clause (i), as redesignated by subparagraph (B), the following: ; and by adding at the end the following: 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. . 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 . Section 103(j) of such Act ( 50 U.S.C. 1803(j) ) is amended— by striking Following and inserting the following: Following ; and by adding at the end the following: 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— a notice of the question of law to be reviewed; and briefs submitted by the parties, which may be redacted at the discretion of the court to protect sources, methods, and other classified information. Subparagraph
(A)shall apply to the greatest extent practicable, consistent with otherwise applicable law on the protection of classified information, sources, and methods. .
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Sec. 8
Improved role in oversight of electronic surveillance by amici curiae appointed by courts under Foreign Intelligence Surveillance Act of 1978
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