Sec. 302. Appointment of amici curiae and access to information
569 words·~3 min read·
/bill/116/hr/6172/eh/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subparagraph
(A)of section 103(i)(2) ( 50 U.S.C. 1803(i)(2) ) is amended to read as follows: shall appoint an individual who has been designated under paragraph
(1)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 finding that such appointment is not appropriate; or presents exceptional concerns about the protection of the rights of a United States person under the first amendment to the Constitution, unless the court issues a finding that such appointment is not appropriate; and . Subsection
(i)of section 103 ( 50 U.S.C. 1803 ) is amended— by redesignating paragraphs
(7)through
(11)as paragraphs
(8)through (12), respectively; and by inserting after paragraph
(6)the following new paragraph: Following issuance of an order under this Act by the Foreign Intelligence Surveillance Court, an amicus curiae appointed under paragraph
(2)may petition the court to certify for review to the Foreign Intelligence Surveillance Court of Review a question of law pursuant to subsection (j). If the court denies such petition, the court shall provide for the record a written statement of the reasons for such denial. Upon certification of any question of law pursuant to this subparagraph, the Court of Review shall appoint the amicus curiae to assist the Court of Review in its consideration of the certified question, unless the Court of Review issues a finding that such appointment is not appropriate. An amicus curiae appointed under paragraph
(2)may petition the Foreign Intelligence Surveillance Court of Review to certify for review to the Supreme Court of the United States any question of law pursuant to section 1254(2) of title 28, United States Code. . Subparagraph
(A)of section 103(i)(6) ( 50 U.S.C. 1803(i)(6) ) is amended by striking clause
(ii)and inserting the following new clause: may make a submission to the court requesting access to any particular materials or information (or category of materials or information) that the amicus curiae believes to be relevant to the duties of the amicus curiae. . Such section is further amended— by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (C), (D), and (E), respectively; and by inserting after subparagraph
(A)the following new subparagraph: If the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review determines that it is relevant to the duties of an amicus curiae appointed by the court under paragraph (2), the amicus curiae may consult with one or more of the other individuals designated by the court to serve as amicus curiae pursuant to paragraph
(1)regarding any of the information relevant to any assigned proceeding. . Paragraph
(1)of section 103(i) ( 50 U.S.C. 1803(i) ) is amended by adding at the end the following new sentence: An individual may serve as an amicus curiae for a 5-year term, and the presiding judges may, for good cause, jointly reappoint the individual to a single additional term. . The amendment made by paragraph
(1)shall apply with respect to the service of an amicus curiae appointed under section 103(i) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(i) ) that occurs on or after the date of the enactment of this Act, regardless of the date on which the amicus curiae is appointed.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 302
Appointment of amici curiae and access to information
Cites 1Cited by 0 across 0 sources