[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5153 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5153

 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.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2016

  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

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                                 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.

    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''.
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