,,ii #aafth ,,congress #b;d ,session ,s4 #cdbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #i1 #bjbj,mr4 ,leahy 7for himself and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to extend surveillance authorities and expand amicus curiae protections under the ,foreign ,intelligence ,surveillance ,act of #aigh4 #a4 ,short title ,this ,act may be cited as the ,,usa ,,freedom ,extension and ,amici ,curiae ,reform ,act of #bjbj4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 #c4 ,appointment of amici curiae and access to information 7a7 ,expansion of appointment authority 7#a7 ,in general ,section #ajc7;i77#b7 7#ej ,u4,s4,c4 #ahjc7;i77#b77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 shall appoint an individual who has been designated under paragraph 7#a7 and who possesses expertise in privacy and civil liberties to serve as amicus curiae to assist such court in the consideration of any application 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 civil liberties issues1 unless the court issues a finding that such appointment is not appropriate2 and 4 7#b7 ,definition of sensitive investigative matter ,section #ajc7;i7 7#ej ,u4,s4,c4 #ahjc7;i77 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 candidate2 7ii7 a domestic religious or political organization1 or an individual prominent in such an organization2 or 7iii7 the domestic news media2 or 7,b7 any other investigative matter 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 ,section #ajc7;i7 7#ej ,u4,s4,c4 #ahjc7;i771 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 colorable privacy or civil liberties interest of any aggrieved ,united ,states person2 and 7,e7 by striking the period at the end and inserting the following3 2 and 7,b7 may raise any issue with the court at any time1 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 7i7 ,petition ,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 court to certify for review to the ,foreign ,intelligence ,surveillance ,court of ,review a question of law pursuant to subsection 7j74 7ii7 ,appointment ,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 file a petition for a writ of certiorari from the ,supreme ,court of the ,united ,states for review of any decision by the ,foreign ,intelligence ,surveillance ,court of ,review4 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 7c7 ,access to information 7#a7 ,application and materials ,section #ajc7;i77#f77;,a7 7#ej ,u4,s4,c4 #ahjc7;i77#f77;,a77 is amended by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 shall have access to-- 7,i7 the application1 certification1 petition1 motion1 and other information and supporting materials1 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 7,,ii7 any other information or materials that the court determines is relevant to the duties of the amicus curiae2 and 7,,iii7 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 7ii7 may make a submission to the court requesting access to any 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 4 7#b7 ,clarification of access to certain information ,section #ajc7;i77#f7 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is 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 designated or appointed by the court shall have access to 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#c7 ,consultation among amici curiae ,section #ajc7;i77#f7 7#ej ,u4,s4,c4 #ahjc7;i77#f771 as amended by paragraphs 7#a7 and 7#b7 of this subsection1 is amended-- 7,a7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,consultation ,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 under paragraph 7#b71 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 7#a7 regarding any of the information relevant to any assigned proceeding4 4 #d4 ,sunsets 7a7 ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje ,section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note7 is amended by striking ,march #ae1 #bjbj and inserting ,june #ai1 #bjbj4 7b7 ,intelligence reform and terrorism prevention act of #bjjd ,section #fjja7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ahja note7 is amended by striking ,march #ae1 #bjbj and inserting ,june #ai1 #bjbj4 7c7 ,effective date ,the amendments made by this section shall take effect on the earlier of the date of the enactment of this ,act or ,march #ae1 #bjbj4