Sec. 5. Foreign intelligence surveillance court reform
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/bill/118/hr/7888/eh/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(d)of section 105 is amended by adding at the end the following new paragraph: An extension of an order issued under this title for surveillance targeted against a United States person, to the extent practicable and absent exigent circumstances, shall be granted or denied by the same judge who issued the original order unless the term of such judge has expired or such judge is otherwise no longer serving on the court. . Subsection
(i)of section 103 is amended— in paragraph (2)— by redesignating subparagraphs
(A)and
(B)as clause
(i)and (ii), respectively; by striking A court established and inserting the following subparagraph: A court established ; in subparagraph (A), as inserted by subparagraph
(B)of this section— in clause (i), as so redesignated— by striking appoint an individual who has and inserting appoint one or more individuals who have ; and by striking ; and and inserting a semicolon; in clause (ii), as so redesignated— by striking appoint an individual or organization and inserting appoint one or more individuals or organizations ; and by striking the period at the end and inserting ; and ; and by adding at the end the following new clause: shall appoint one or more individuals who have been designated under paragraph
(1)to serve as amicus curiae to assist such court in the consideration of any certification or procedures submitted for review pursuant to section 702, including any amendments to such certifications or procedures, if the court established under subsection
(a)has not appointed an individual under clause
(i)or (ii), unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay. ; and by adding at the end the following new subparagraphs: In appointing one or more individuals under subparagraph (A)(iii), the court shall, to the maximum extent practicable, appoint an individual who possesses expertise in both privacy and civil liberties and intelligence collection. In the event that the court appoints one or more individuals or organizations pursuant to this paragraph to assist such court in a proceeding under section 702, notwithstanding subsection (j)(1)(B) of such section, the court shall issue an order pursuant to subsection (j)(3) of such section as expeditiously as possible consistent with subsection (k)(1) of such section, but in no event later than 60 days after the date on which such certification, procedures, or amendments are submitted for the court’s review, or later than 60 days after the court has issued an order appointing one or more individuals pursuant to this paragraph, whichever is earlier, unless a judge of that court issues an order finding that extraordinary circumstances necessitate additional time for review and that such extension of time is consistent with the national security. ; and in paragraph (4)— by striking paragraph (2)(A) and inserting paragraph
(2); by striking provide to the court, as appropriate ; by redesignating subparagraphs
(A)through
(C)as clauses
(i)through (iii), respectively; by inserting before clause
(i)the following new subparagraphs: be limited to addressing the specific issues identified by the court; and provide to the court, as appropriate— ; and in subparagraph (B)(i), as redesignated, by inserting of United States persons after civil liberties . Section 103 is amended by adding at the end the following new subsection: To assist the court in the consideration of any application for an order pursuant to section 104 that targets a United States person, the presiding judge designated under subsection
(a)shall designate one or more attorneys to review such applications, and provide a written analysis to the judge considering the application, of— the sufficiency of the evidence used to make the probable cause determination under section 105(a)(2); any material weaknesses, flaws, or other concerns in the application; and a recommendation as to the following, which the judge shall consider during a proceeding on the application in which such attorney is present, as appropriate— that the application should be approved, denied, or modified; that the Government should supply additional information in connection with such application; or that any requirements or conditions should be imposed on the Government for the approval of such application. . The chair and ranking minority member of each of the congressional intelligence committees, the chairs and ranking members of the Committees on the Judiciary of the House of Representatives and of the Senate, the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall be entitled to attend any proceeding of the Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review. Each person entitled to attend a proceeding pursuant to this paragraph may designate not more than 2 staff members of such committee or office to attend on their behalf, pursuant to such procedures as the Attorney General, in consultation with the Director of National Intelligence may establish.