HR 3159 · 113th Congress 2013–2015, ended

Ensuring Adversarial Process in the FISA Court Act

Fact sheet

Latest action · Jan 9, 2014 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 20, 2013
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 2

Members who signed on, in the order they did. Signatures ran from Sep 20, 2013 to Nov 21, 2013, with 1 there on the day it was introduced.

SeatCosponsorSigned on
D-DEJohn C. Carney, Jr.OriginalSep 20, 2013
D-ILMike QuigleyNov 21, 2013

Actions 4

Everything that happened, newest first.

  1. Jan 9, 2014Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  2. Jan 9, 2014Referred to the Subcommittee on the Constitution and Civil Justice.
  3. Sep 20, 2013Introduced in House
  4. Sep 20, 2013Referred 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.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1551Intelligence Oversight and Surveillance Reform ActRelated billSep 25, 2013
HR 3228FISA Court Reform Act of 2013Related billOct 15, 2013

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Sep 20, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.