,i #aacth ,,congress #ast ,session ,h4 ,r4 #caei ,,in ,,the ,,house ,,of ,,representatives ,september #bj1 #bjac,mr4 ,schiff 7for himself and ,mr4 ,carney7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,select ,committee on ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,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 #aigh1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ensuring ,adversarial ,process in the ,,fisa ,court ,act4 #b4 ,public interest advocates for proceedings under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,appointment by ,privacy and ,civil ,liberties ,oversight ,board 7#a7 ,in general ,section #ajfa7;d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7d77 is amended by adding at the end the following new paragraph3 7#e7 ,appointment of public interest advocates 7,a7 ,appointment ,the ,board shall appoint attorneys to serve as public interest advocates in proceedings before the ,foreign ,intelligence ,surveillance ,court1 a judge of the petition review pool1 the ,foreign ,intelligence ,surveillance ,court of ,review1 and the ,supreme ,court under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7,b7 ,requirements ,in making appointments under subparagraph 7,a71 the ,board shall-- 7i7 consult with the ,attorney ,general2 7ii7 appoint attorneys with expertise and experience in cases involving privacy and civil liberties who are not employees of the ,federal ,government2 7iii7 consider candidates with demonstrated expertise in and commitment to constitutional and legal protections for privacy and civil liberties2 7iv7 consider the availability of candidates to appear before the ,foreign ,intelligence ,surveillance ,court1 a judge of the petition review pool1 the ,foreign ,intelligence ,surveillance ,court of ,review1 or the ,supreme ,court in urgent matters2 7v7 consider the ability of candidates to obtain and maintain an appropriate security clearance to participate fully in matters before the ,foreign ,intelligence ,surveillance ,court1 a judge of the petition review pool1 the ,foreign ,intelligence ,surveillance ,court of ,review1 and the ,supreme ,court under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq472 and 7vi7 provide notice to the ,attorney ,general and the presiding judge of the ,foreign ,intelligence ,surveillance ,court of all appointments under subparagraph 7,a74 7,c7 ,duties ,attorneys appointed under subparagraph 7,a7 shall carry out the duties of the public interest advocate as described in subsection 7i7 of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc74 7,d7 ,technical experts 7i7 ,appointment ,the ,board shall appoint technical and subject-matter experts1 not employed by the ,federal ,government1 to be available to assist public interest advocates in performing the duties of such advocates under this paragraph4 7ii7 ,qualifications ,in making appointments under clause 7i71 the ,board shall consider individuals with expertise in technical issues likely to arise in cases relating to the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 including computer networks1 telecommunications1 encryption1 and cybersecurity4 7,e7 ,compensation ,the ,attorney ,general shall1 from funds made available to the ,department of ,justice1 compensate each attorney appointed under subparagraph 7,a7 at the daily equivalent of the annual rate of basic pay for level ,,iii of the ,executive ,schedule for each day 7including travel time7 during which such attorney is engaged in the actual performance of duties under subsection 7i7 of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc74 7,f7 ,travel expenses ,the ,attorney ,general shall1 from funds made available to the ,department of ,justice1 provide each attorney appointed under subparagraph 7,a7 with travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7,g7 ,security clearances ,the ,president shall ensure that attorneys appointed under subparagraph 7,a7 and technical and subject-matter experts appointed under subparagraph 7,d77i7 are expeditiously provided appropriate security clearances to carry out the duties of the attorneys to the extent possible under the appropriate procedures and requirements and provided that such attorneys meet the criteria for receiving such security clearances4 7,h7 ,definitions ,in this paragraph3 7i7 ,foreign ,intelligence ,surveillance ,court ,the term ,foreign ,intelligence ,surveillance ,court means the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a774 7ii7 ,foreign ,intelligence ,surveillance ,court of ,review ,the term ,foreign ,intelligence ,surveillance ,court of ,review means the court established under section #ajc7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;b774 7iii7 ,petition review pool ,the term petition review pool means the petition review pool established under section #ajc7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;e774 4 7#b7 ,initial appointment ,not later than #ahj days after the date of the enactment of this ,act1 the ,privacy and ,civil ,liberties ,oversight ,board shall appoint at least one attorney to serve as a public interest advocate under paragraph 7#e7 of section #ajfa7;d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7d771 as added by subsection 7a7 of this section4 7b7 ,appointment by ,foreign ,intelligence ,surveillance ,court ,section #ajc of the ,foreign ,intelligence ,surveillance ,court of #aigh 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following new subsection3 7i7 7#a7 ,in any matter before a covered court involving a significant interpretation or construction of a provision of this ,act1 including any novel legal1 factual1 or technological issue or an issue relating to the ,fourth ,amendment to the ,constitution of the ,united ,states1 the court shall appoint one or more public interest advocates appointed under paragraph 7#e7 of section #ajfa7;d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7d77 to represent the privacy and civil liberties interests of the people of the ,united ,states in the matter before the court4 7#b7 ,a court that appoints a public interest advocate for a matter before the court under paragraph 7#a7 shall-- 7,a7 provide notice to the ,attorney ,general and the ,privacy and ,civil ,liberties ,oversight ,board of the appointment2 and 7,b7 provide the ,privacy and ,civil ,liberties ,oversight ,board with a summary of the issues in such matter that warranted such appointment4 7#c7 ,a public interest advocate appointed under paragraph 7#a7-- 7,a7 shall participate fully in the matter before the court for which such public interest advocate was appointed with the same rights and privileges as the ,federal ,government2 7,b7 shall represent the interests of the people of the ,united ,states in preserving privacy and civil liberties in such matter1 including with respect to the impact of such matter on the rights of the people of the ,united ,states under the ,fourth ,amendment to the ,constitution of the ,united ,states2 7,c7 shall have access to all relevant evidence in such matter and may petition the court to order the ,federal ,government to produce documents1 materials1 or other evidence necessary to perform the duties of the public interest advocate2 7,d7 may file timely motions and briefs1 in accordance with the procedures of the court1 and shall be given the opportunity by the court to respond to motions or filings made by the ,federal ,government in accordance with such procedures2 and 7,e7 may request a rehearing or en banc consideration of a decision of the court4 7#d7 7,a7 ,in matters before the court established under subsection 7a7 in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion1 the court may by certification at any time1 including following the rendering of a final judgment1 request review by the court established under subsection 7b74 7,b7 ,in matters before the court established under subsection 7b7 in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion1 the court may by certification at any time1 including following the rendering of a final judgment1 request review by the ,supreme ,court4 7,c7 ,in any matter in which a court makes a certification for review of any ruling or question of law as provided in subparagraph 7,a7 and 7,b71 the ,united ,states and the public interest advocate shall be given opportunity to provide written briefs or arguments related to the decision by the court established under subsection 7b7 or the ,supreme ,court to review a ruling4 7#e7 ,a covered court may1 sua sponte and upon a finding that the court would benefit from additional views1 permit and facilitate participation by amicus curiae1 including participation in oral argument if appropriate1 in proceedings before such court4 ,such court may issue appropriate orders to facilitate the participation of amicus curiae4 7#f7 ,the ,attorney ,general shall ensure that each public interest advocate appointed under paragraph 7#a7 for a matter before a covered court has access to office space and materials necessary to fully participate in such matter1 including1 as necessary1 access to appropriately secured computers1 communication devices1 and facilities4 7#g7 ,in this subsection1 the term covered court means the court established under subsection 7a71 the court established under subsection 7b71 a judge of the petition review pool established under subsection 7e71 or the ,supreme ,court4 4