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REP LIEU BILL REQUIRES THIRD-PARTY EXPERT CONSULTATION IN EVERY FISA COURT CASE

December 4, 2023

WASHINGTON – Today, Congressman Ted W. Lieu (D-Los Angeles County) introduced the Protecting Americans from Unauthorized Surveillance Act, which would require the involvement of third-party technical experts in every court-ordered decision to surveil a U.S. citizen. This bill would require the Foreign Intelligence Surveillance (FISA) Court to appoint a technical expert every time it evaluates a FISA application. Currently, the FISA Court relies on technical experts for cases that the court considers particularly complex. Rep. Lieu’s bill would ensure that every FISA application undergoes rigorous review from technical experts, therefore helping to ensure the U.S. government’s requests to surveil U.S. citizens are lawful, warranted and necessary.

“Federal action to surveil a U.S. citizen must comply with the Constitution,” Rep. Lieu said. “An important piece of that is making sure that the judges who are authorizing the surveillance understand exactly what government is requesting, whether the surveillance is necessary and whether it complies with the Constitution. FISA Court Judges conduct this classified work in addition to their regular duties as Federal Judges around the country. As such, they are not always well-versed in the subjects before the FISA Court. My bill requires that each case has a neutral subject matter expert that the Court can consult so we can ensure due-process and prevent government overreach during this highly secretive process.”

READ THE FULL TEXT OF THE BILL HERE

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