[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3195 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3195

 To amend the Foreign Intelligence Surveillance Act of 1978 to provide 
 for the designation of Foreign Intelligence Surveillance Court judges 
 by the President, majority of the Supreme Court, Speaker and minority 
    leader of the House of Representatives, and majority leader and 
minority leader of the Senate, and to provide for the public disclosure 
         of Foreign Intelligence Surveillance Court decisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2013

  Mr. Israel 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 President, majority of the Supreme Court, Speaker and minority 
    leader of the House of Representatives, and majority leader and 
minority leader of the Senate, and to provide for the public disclosure 
         of Foreign Intelligence Surveillance Court decisions.

    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 Oversight Underscoring 
Responsibility and Transparency Act'' or the ``FISA COURT 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(a)) is amended--
            (1) in subsection (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) 2 judges shall be designated by the President;
            ``(ii) 1 judge shall be designated by a majority of the 
        Supreme Court;
            ``(iii) 2 judges shall be designated by the Speaker of the 
        House of Representatives;
            ``(iv) 2 judges shall be designated by the minority leader 
        of the House of Representatives;
            ``(v) 2 judges shall be designated by the majority leader 
        of the Senate; and
            ``(vi) 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
            (2) in subsection (b), by striking ``The Chief Justice'' 
        and inserting ``A majority of the Supreme Court''.

SEC. 3. PUBLIC AVAILABILITY OF SIGNIFICANT OPINIONS OF THE FOREIGN 
              INTELLIGENCE SURVEILLANCE COURT.

    Section 601 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871) is amended--
            (1) in subsection (c)--
                    (A) in the heading, by striking ``Submissions to 
                Congress'' and inserting ``Submissions to Congress and 
                Public Availability of Certain Opinions''; and
                    (B) in the matter preceding paragraph (1)--
                            (i) by striking ``The Attorney General'' 
                        and inserting ``Subject to subsection (d), the 
                        Attorney General''; and
                            (ii) by inserting ``and make publicly 
                        available'' after ``in subsection (a)''; and
            (2) in subsection (d)--
                    (A) by striking ``Protection of National 
                Security.--The Attorney General'' and inserting the 
                following: ``Protection of National Security.--
            ``(1) Redaction of materials.--The Attorney General'';
                    (B) in paragraph (1), as designated under 
                subparagraph (A), by inserting ``and made publicly 
                available'' after ``in subsection (a)''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Waiver of public availability.--
                    ``(A) Waiver.--The Attorney General, in 
                consultation with the Director of National 
                Intelligence, may waive the requirement to make a 
                decision, order, or opinion described in subsection (c) 
                publicly available under such subsection if the 
                Attorney General determines the public disclosure of 
                such decision, order, or opinion (including public 
                disclosure in redacted form) would cause harm to the 
                national security of the United States.
                    ``(B) Report.--The Attorney General shall quarterly 
                make publicly available an estimate of the number of 
                decisions, orders, or opinions for which the Attorney 
                General waived under subparagraph (A) the requirement 
                under subsection (c) to make such decisions, orders, or 
                opinions publicly available and the reasons for waiving 
                such requirement.''.
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