S. 3420

USA FREEDOM Extension and Amici Curiae Reform Act of 2020

This bill expands the role and authority of amici curiae (outside parties appointed to assist courts in deciding certain cases) in proceedings before courts established under the Foreign Intelligence Surveillance Act of 1978 (FISA). The bill also extends certain FISA-authorized investigative powers, including the power to access certain business records for foreign intelligence and international terrorism investigations, to June 19, 2020.

The bill expands the circumstances under which a FISA court shall appoint an amicus, such as when a case involves (1) a significant First Amendment issue, or (2) a request for approval of a new program or technology. Currently, the statute directs a FISA court to appoint an amicus only when a case involves a novel or significant interpretation of the law.

Under the bill, an amicus may (1) raise any issue at any time even if the court did not request assistance on that issue, (2) access un-redacted copies of relevant FISA court documents and related information, and (3) petition the FISA Court of Review or the Supreme Court to review a decision by a FISA-authorized court.