[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2586 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2586

 To amend the Foreign Intelligence Surveillance Act of 1978 to provide 
 for the designation of Foreign Intelligence Surveillance Court judges 
by the Speaker of the House of Representatives, the minority leader of 
the House of Representatives, the majority and minority leaders of the 
   Senate, and the Chief Justice of the Supreme Court, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2013

  Mr. Cohen introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Select 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

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to provide 
 for the designation of Foreign Intelligence Surveillance Court judges 
by the Speaker of the House of Representatives, the minority leader of 
the House of Representatives, the majority and minority leaders of the 
   Senate, and the Chief Justice of the Supreme Court, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FISA Court Accountability Act''.

SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT JUDGES.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph:
    ``(1)(A) There is established a court which shall have jurisdiction 
to hear applications for and grant orders approving electronic 
surveillance anywhere within the United States under the procedures set 
forth in this Act.
    ``(B) The court established under paragraph (1) shall consist of 11 
publicly designated district court judges, of whom--
            ``(i) 3 judges shall be designated by the Chief Justice;
            ``(ii) 2 judges shall be designated by the Speaker of the 
        House of Representatives;
            ``(iii) 2 judges shall be designated by the minority leader 
        of the House of Representatives;
            ``(iv) 2 judges shall be designated by the majority leader 
        of the Senate; and
            ``(v) 2 judges shall be designated by the minority leader 
        of the Senate.
    ``(C) No judge designated under this subsection (except when 
sitting en banc under paragraph (2)) shall hear the same application 
for electronic surveillance under this Act which has been denied 
previously by another judge designated under this subsection. If any 
judge so designated denies an application for an order authorizing 
electronic surveillance under this Act, such judge shall provide 
immediately for the record a written statement of each reason for his 
decision and, on motion of the United States, the record shall be 
transmitted, under seal, to the court of review established in 
subsection (b).''; and
                    (B) in paragraph (2), by adding at the end the 
                following new subparagraph:
    ``(D) Any authority exercised by the court en banc under this 
paragraph shall only be exercised when agreed to by 60 percent or more 
of the judges sitting en banc.''; and
            (2) in subsection (b)--
                    (A) in the first sentence, by striking ``The Chief 
                Justice shall publicly designate three judges, one of 
                whom shall be publicly designate as the presiding 
                judge'' and inserting ``The Chief Justice, the Speaker 
                of the House of Representatives, and the majority 
                leader of the Senate or, if the majority leader is a 
                member of the same political party as the Speaker, the 
                minority leader of the Senate, shall each publicly 
                designate one judge, one of whom the Chief Justice 
                shall publicly designate as the presiding judge''; and
                    (B) by adding at the end the following: ``Such 
                court may only decide in favor of the Government if the 
                decision of the judges of such court is unanimous.''.

SEC. 3. SUBMISSION OF FOREIGN INTELLIGENCE SURVEILLANCE COURT OPINIONS 
              TO CONGRESS.

    Section 601(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``that includes significant 
                construction or interpretation of any provision of this 
                Act,''; and
                    (B) by striking ``; and'' and inserting a 
                semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) an unclassified summary of each such decision, order, 
        or opinion.''.
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