3.0.0 3159 2023-01-11T13:24:09Z 2023-01-11T13:24:09Z House H HR 2013-09-20 113 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. SCHIFF:H.R. 3159.Congress has the power to enact this legislation pursuantto the following:The Ensuring Adversarial Process in the FISA Court Act isconstitutionally authorized under Article I, Section 8,Clause 3, the Commerce Clause and Article I, Section 8,Clause 18, the Necessary and Proper Clause. Additionally, thePreamble to the Constitution provides support of theauthority to enact legislation to promote the GeneralWelfare.[Page H5802]]]> hsju00 Judiciary Committee House Standing hsju08 Crime and Federal Government Surveillance Subcommittee Referred to 2014-01-09T18:10:48Z hsju10 Constitution and Limited Government Subcommittee Referred to 2014-01-09T18:10:16Z Referred to 2013-09-20T13:02:25Z hlig00 Intelligence (Permanent Select) Committee House Select Referred to 2013-09-20T13:02:30Z FISA Court Reform Act of 2013 113 3228 HR 2013-10-15 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Related bill CRS Intelligence Oversight and Surveillance Reform Act 113 1551 S 2013-09-25 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2014-01-09 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Committee 2014-01-09 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution and Civil Justice. Committee 2013-09-20 Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hlig00 Intelligence (Permanent Select) Committee 2013-09-20 Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2013-09-20 Introduced in House IntroReferral Intro-H 9 Library of Congress 2013-09-20 Introduced in House IntroReferral 1000 9 Library of Congress S001150 Rep. Schiff, Adam B. [D-CA-28] ADAM SCHIFF D CA B. 28 N C001083 Rep. Carney, John C., Jr. [D-DE-At Large] John Carney D DE C. 0 2013-09-20 True Q000023 Rep. Quigley, Mike [D-IL-5] Mike Quigley D IL 5 2013-11-21 False Crime and Law Enforcement Criminal investigation, prosecution, interrogation Criminal procedure and sentencing Evidence and witnesses Intelligence activities, surveillance, classified information Judges Lawyers and legal services Privacy and Civil Liberties Oversight Board Right of privacy Specialized courts Supreme Court Terrorism Crime and Law Enforcement 00 2013-09-20 Introduced in House 2013-10-25T20:53:58Z Ensuring Adversarial Process in the FISA Court Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require the Privacy and Civil Liberties Oversight Board (an independent agency that reviews executive branch actions taken to protect the nation from terrorism in order to ensure a balance with privacy and civil liberties) to appoint: (1) attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court (FISC), a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review (FISCR), and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (FISA); and (2) technical and subject-matter experts (including experts of computer networks, telecommunications, encryption, and cybersecurity), not employed by the federal government, to be available to assist such advocates in performing their duties.

Requires such courts, in any matter involving a significant interpretation or construction of FISA, to appoint at least one public interest advocate who will: (1) participate fully with the same rights and privileges as the federal government; (2) represent the interests of the people of the United States in preserving privacy and civil liberties, including with respect to rights under the Fourth Amendment to the Constitution; and (3) have access to all relevant evidence as well as the authority to petition the court to order the government to produce other necessary evidence.

Authorizes such advocates to file motions and briefs, respond to motions or filings made by the federal government, and request rehearings or en banc consideration of a decision.

Permits the FISC to request review by the FISCR, and permits the FISCR to request review by the Supreme Court, when matters before such courts in which a public interest advocate has been appointed involve a question of law in which there is substantial ground for difference of opinion.

Requires the United States and the public interest advocate, when a court has requested such a review, to be given an opportunity to provide written briefs or arguments related to a decision by the FISCR or the Supreme Court to review a ruling.

Allows each relevant court, upon a finding that it would benefit from additional views, to permit participation by amicus curiae.

]]> Ensuring Adversarial Process in the FISA Court Act Display Title Ensuring Adversarial Process in the FISA Court Act Official Title as Introduced To provide for the appointment of a public interest advocate in matters involving a significant legal interpretation or construction of the Foreign Intelligence Surveillance Act of 1978, and for other purposes. Introduced in House IH Short Titles as Introduced Ensuring Adversarial Process in the FISA Court Act Introduced in House 2013-09-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr3159ih/xml/BILLS-113hr3159ih.xml 2014-01-09 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.