Of a perfecting nature.

SA 1451. Mr. McCONNELL proposed an amendment to amendment SA 1450
proposed by Mr. McConnell to the amendment SA 1449 proposed by Mr.
McConnell (for himself and Mr. Burr) to the bill H.R. 2048, to reform
the authorities of the Federal Government to require the production of
certain business records, conduct electronic surveillance, use pen
registers and trap and trace devices, and use other forms of
information gathering for foreign intelligence, counterterrorism, and
criminal purposes, and for other purposes; as follows:

At the end, add the following:
(b) Noneffect of Certain Provisions.--Section 401 of this
Act, relating to appointment of amicus curiae, shall have no
force or effect.

SEC. 110A. APPOINTMENT OF AMICUS CURIAE.

Section 103 (50 U.S.C. 1803) is amended by adding at the
end the following new subsections:
``(i) Amicus Curiae.--
``(1) Authorization.--A court established under subsection
(a) or (b) is authorized, consistent with the requirement of
subsection (c) and any other statutory requirement that the
court act expeditiously or within a stated time--
``(A) to appoint amicus curiae to--
``(i) assist the 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; or
``(ii) provide technical expertise in any instance the
court considers appropriate; or
``(B) upon motion, to permit an individual or organization
leave to file an amicus curiae brief.
``(2) Designation.--The courts established by subsection
(a) and (b) shall each designate 1 or more individuals who
may be appointed to serve as amicus curiae and who are
determined to be eligible for access to classified national
security information necessary to participate in matters
before such courts (if such access is necessary for
participation in the matters for which they may be
appointed). In appointing an amicus curiae pursuant to
paragraph (1), the court may choose from among those so
designated.
``(3) Expertise.--An individual appointed as an amicus
curiae under paragraph (1) may be an individual who possesses
expertise on privacy and civil liberties, intelligence
collection, communications technology, or any other area that
may lend legal or technical expertise to the court.
``(4) Duties.--An amicus curiae appointed under paragraph
(1) to assist with the consideration of a covered matter
shall carry out the duties assigned by the appointing court.
That court may authorize the amicus curiae to review any
application, certification, petition, motion, or other
submission that the court determines is relevant to the
duties assigned by the court.
``(5) Notification.--A court established under subsection
(a) or (b) shall notify the Attorney General of each exercise
of the authority to appoint an amicus curiae under paragraph
(1).
``(6) Assistance.--A court established under subsection (a)
or (b) may request and receive (including on a non-
reimbursable basis) the assistance of the executive branch in
the implementation of this subsection.
``(7) Administration.--A court established under subsection
(a) or (b) may provide for the designation, appointment,
removal, training, or other support of an amicus curiae
appointed under paragraph (1) in a manner that is not
inconsistent with this subsection.
``(j) Review of FISA Court Decisions.--Following issuance
of an order under this Act, a court established under
subsection (a) shall certify for review to the court
established under subsection (b) any question of law that may
affect resolution of the matter in controversy that the court
determines warrants such review because of a need for
uniformity or because consideration by the court established
under subsection (b) would serve the interests of justice.
Upon certification of a question of law under this
subsection, the court established under subsection (b) may
give binding instructions or require the entire record to be
sent up for decision of the entire matter in controversy.
``(k) Review of FISA Court of Review Decisions.--
``(1) Certification.--For purposes of section 1254(2) of
title 28, United States Code, the court of review established
under subsection (b) shall be considered to be a court of
appeals.
``(2) Amicus curiae briefing.--Upon certification of an
application under paragraph (1), the Supreme Court of the
United States may appoint an amicus curiae designated under
subsection (i)(3), or any other person, to provide briefing
or other assistance.''.
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