,in the ,senate of the ,united ,states1 ,may #ad1 #bjbj4 ,amendments3 ,that the bill from the ,house of ,representatives 7,h4,r4 #fagb7 entitled ,an ,act to amend the ,foreign ,intelligence ,surveillance ,act of #aigh to prohibit the production of certain business records1 and for other purposes41 do pass with the following 7#a7 ,in subsection 7a77#b77;,b7 of section #fjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgb71 as added by section #cja7;b77#c71 insert after section #ajc7;i7 the following3 1 a proceeding in the ,foreign ,intelligence ,court of ,review resulting from the petition of an amicus curiae under section #ajc7;i77#g71 or a proceeding in which an amicus curiae could have been appointed pursuant to section #ajc7;i77#b77;,a74 7#b7 ,in section #cjb1 strike subsections 7a7 and 7b7 and insert the following3 7a7 ,expansion of appointment authority 7#a7 ,in general ,section #ajc7;i77#b7 7#ej ,u4,s4,c4 #ahjc7;i77#b77 is amended-- 7,a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 shall appoint one or more individuals who have been designated under paragraph 7#a71 not less than one of whom possesses privacy and civil liberties expertise1 unless the court finds that such a qualification is inappropriate1 to serve as amicus curiae to assist the court in the consideration of any application or motion for an order or review that1 in the opinion of the court-- 7i7 presents a novel or significant interpretation of the law1 unless the court issues a finding that such appointment is not appropriate2 7ii7 presents significant concerns with respect to the activities of a ,united ,states person that are protected by the first amendment to the ,constitution of the ,united ,states1 unless the court issues a finding that such appointment is not appropriate2 7iii7 presents or involves a sensitive investigative matter1 unless the court issues a finding that such appointment is not appropriate2 7iv7 presents a request for approval of a new program1 a new technology1 or a new use of existing technology1 unless the court issues a finding that such appointment is not appropriate2 7v7 presents a request for reauthorization of programmatic surveillance1 unless the court issues a finding that such appointment is not appropriate2 or 7vi7 otherwise presents novel or significant civil liberties issues1 unless the court issues a finding that such appointment is not appropriate2 and 2 and 7,b7 in subparagraph 7,b71 by striking an individual or organization each place the term appears and inserting one or more individuals or organizations4 7#b7 ,definition of sensitive investigative matter ,subsection 7i7 of section #ajc 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7#ab7 ,definition ,in this subsection1 the term sensitive investigative matter means-- 7,a7 an investigative matter involving the activities of-- 7i7 a domestic public official or political candidate1 or an individual serving on the staff of such an official or candidate2 7ii7 a domestic religious or political organization1 or a known or suspected ,united ,states person prominent in such an organization2 or 7iii7 the domestic news media2 or 7,b7 any other investigative matter involving a domestic entity or a known or suspected ,united ,states person that1 in the judgment of the applicable court established under subsection 7a7 or 7b71 is as sensitive as an investigative matter described in subparagraph 7,a74 4 7b7 ,authority to seek review ,subsection 7i7 of section #ajc 7#ej ,u4,s4,c4 #ahjc71 as amended by subsection 7a7 of this section1 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in the paragraph heading1 by inserting 2 authority after ,duties2 7,b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins accordingly2 7,c7 in the matter preceding clause 7i71 as so designated1 by striking the amicus curiae shall and inserting the following3 the amicus curiae-- 7,a7 shall 2 7,d7 in subparagraph 7,a77i71 as so designated1 by inserting before the semicolon at the end the following3 1 including legal arguments regarding any privacy or civil liberties interest of any ,united ,states person that would be significantly impacted by the application or motion2 and 7,e7 by striking the period at the end and inserting the following3 2 and 7,b7 may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court1 regardless of whether the court has requested assistance on that issue4 2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#h7 through 7#ac71 respectively2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 ,authority to seek review of decisions 7,a7 ,,fisa ,court decisions ,following issuance of an order under this ,act by the ,foreign ,intelligence ,surveillance ,court1 an amicus curiae appointed under paragraph 7#b7 may petition the ,foreign ,intelligence ,surveillance ,court to certify for review to the ,foreign ,intelligence ,surveillance ,court of ,review a question of law pursuant to subsection 7j74 ,if the court denies such petition1 the court shall provide for the record a written statement of the reasons for such denial4 ,upon certification of any question of law pursuant to this subparagraph1 the ,court of ,review shall appoint the amicus curiae to assist the ,court of ,review in its consideration of the certified question1 unless the ,court of ,review issues a finding that such appointment is not appropriate4 7,b7 ,,fisa ,court of ,review decisions ,an amicus curiae appointed under paragraph 7#b7 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 #abed7b7 of title #bh1 ,united ,states ,code4 7,c7 ,declassification of referrals ,for purposes of section #fjb1 a petition filed under subparagraph 7,a7 or 7,b7 of this paragraph and all of its content shall be considered a decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review described in paragraph 7#b7 of section #fjb7;a74 4 7#c7 ,in section #cjb7;c71 redesignate paragraph 7#b7 as paragraph 7#c74 7#d7 ,in section #cjb7;c71 strike paragraph 7#a7 and insert the following3 7#a7 ,application and materials ,subparagraph 7,a7 of section #ajc7;i77#f7 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended to read as follows3 7,a7 ,in general 7i7 ,right of amicus ,if a court established under subsection 7a7 or 7b7 appoints an amicus curiae under paragraph 7#b71 the amicus curiae-- 7,i7 shall have access to1 to the extent such information is available to the ,government-- 7aa7 the application1 certification1 petition1 motion1 and other information and supporting materials1 including any information described in section #ija1 submitted to the ,foreign ,intelligence ,surveillance ,court in connection with the matter in which the amicus curiae has been appointed1 including access to any relevant legal precedent 7including any such precedent that is cited by the ,government1 including in such an application72 7bb7 an unredacted copy of each relevant decision made by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review in which the court decides a question of law1 without regard to whether the decision is classified2 and 7cc7 any other information or materials that the court determines are relevant to the duties of the amicus curiae2 and 7,,ii7 may make a submission to the court requesting access to any other particular materials or information 7or category of materials or information7 that the amicus curiae believes to be relevant to the duties of the amicus curiae4 7ii7 ,supporting documentation regarding accuracy ,the ,foreign ,intelligence ,surveillance ,court1 upon the motion of an amicus curiae appointed under paragraph 7#b7 or upon its own motion1 may require the ,government to make available the supporting documentation described in section #ijb4 4 7#b7 ,clarification of access to certain information ,such section is further amended-- 7,a7 in subparagraph 7,b71 by striking may and inserting shall2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,classified information ,an amicus curiae appointed by the court shall have access to1 to the extent such information is available to the ,government1 unredacted copies of each opinion1 order1 transcript1 pleading1 or other document of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review1 including1 if the individual is eligible for access to classified information1 any classified documents1 information1 and other materials or proceedings4 4 7#e7 ,redesignate section #bjg as section #bjh4 7#f7 ,insert after section #bjf the following3 #bjg4 ,disclosure of relevant information2 certification regarding accuracy procedures 7a7 ,disclosure of relevant information 7#a7 ,in general ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following3 ,,ix ,disclosure of relevant information #ija4 ,disclosure of relevant information ,the ,attorney ,general or any other ,federal officer making an application for a court order under this ,act shall provide the court with-- 7#a7 all information in the possession of the ,government that is material to determining whether the application satisfies the applicable requirements under this ,act1 including any exculpatory information2 and 7#b7 all information in the possession of the ,government that might reasonably-- 7,a7 call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made2 or 7,b7 otherwise raise doubts with respect to the findings that are required to be made under the applicable provision of this ,act in order for the court order to be issued4 4 7#b7 ,technical amendment ,the table of contents of the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by adding at the end the following3 ,title ,,ix--,,disclosure ,,of ,,relevant ,i,n,f,o,r,m,a,t,i,o,n,sec4 #ija4 ,disclosure of relevant information4 4 7b7 ,certification regarding accuracy procedures 7#a7 ,in general ,title ,,ix of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as added by subsection 7a71 is amended by adding at the end the following3 #ijb4 ,certification regarding accuracy procedures 7a7 ,definition ,in this section1 the term accuracy procedures means specific procedures1 adopted by the ,attorney ,general1 to ensure that an application for a court order under this ,act1 including any application for renewal of an existing order1 is accurate and complete1 including procedures that ensure1 at a minimum1 that-- 7#a7 the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application1 or otherwise raises doubts about the requested findings2 7#b7 the application reflects all material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application2 7#c7 a complete file documenting each factual assertion in an application is maintained2 7#d7 the applicant coordinates with the appropriate elements of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc771 concerning any prior or existing relationship with the target of any surveillance1 search1 or other means of investigation1 and discloses any such relationship in the application2 7#e7 before any application targeting a ,united ,states person is made1 the applicant ,federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application2 and 7#f7 the applicant ,federal agency establish compliance and auditing mechanisms on an annual basis to assess the efficacy of the accuracy procedures that have been adopted and report such findings to the ,attorney ,general4 7b7 ,statement and certification of accuracy procedures ,any ,federal officer making an application for a court order under this ,act shall include with the application-- 7#a7 a description of the accuracy procedures employed by the officer or the officer's designee2 and 7#b7 a certification that the officer or the officer's designee has collected and reviewed for accuracy and completeness-- 7,a7 supporting documentation for each factual assertion contained in the application2 7,b7 all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application1 or otherwise raises doubts about the requested findings2 and 7,c7 all material information that might reasonably call into question the reliability and reporting of any information from any confidential human source that is used in the application4 7c7 ,necessary finding for court orders ,a judge may not enter an order under this ,act unless the judge finds1 in addition to any other findings required under this ,act1 that the accuracy procedures described in the application for the order1 as required under subsection 7b77#a71 are actually accuracy procedures as defined in this section4 4 7#b7 ,technical amendment ,the table of contents of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by subsection 7a71 is amended by inserting after the item relating to section #ija the following3 ,sec4 #ijb4 ,certification regarding accuracy procedures4 4 7#g7 ,in section #bjh1 as so redesignated1 strike section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 and insert3 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 7if applicable7 7#h7 ,at the end1 add the following3 #dji4 ,annual reporting on accuracy and completeness of applications ,section #fjc 7#ej ,u4,s4,c4 #ahgc7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,annual report by ,,doj ,inspector ,general on accuracy and completeness of applications 7#a7 ,definition of appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,report ,in ,april of each year1 the ,inspector ,general of the ,department of ,justice shall submit to the appropriate committees of ,congress and make public1 subject to a declassification review1 a report setting forth1 with respect to the preceding calendar year1 the following3 7,a7 ,a summary of all accuracy or completeness reviews of applications submitted to the ,foreign ,intelligence ,surveillance ,court by the ,federal ,bureau of ,investigation4 7,b7 ,the total number of applications reviewed for accuracy or completeness4 7,c7 ,the total number of material errors or omissions identified during such reviews4 7,d7 ,the total number of nonmaterial errors or omissions identified during such reviews4 7,e7 ,the total number of instances in which facts contained in an application were not supported by documentation that existed in the applicable file being reviewed at the time of the accuracy review4 4 ,secretary