I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘FISA Court Account3 ability Act’’. 

4 SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE SUR5 VEILLANCE COURT JUDGES. 

6 Section 103 of the Foreign Intelligence Surveillance 

7 Act of 1978 (50 U.S.C. 1803) is amended— 

8 (1) in subsection (a)— 

9 (A) by striking paragraph (1) and insert10 ing the following new paragraph: 

11 ‘‘(1)(A) There is established a court which shall have 

12 jurisdiction to hear applications for and grant orders ap13 proving electronic surveillance anywhere within the United 

14 States under the procedures set forth in this Act. 

15 ‘‘(B) The court established under paragraph (1) shall 

16 consist of 11 publicly designated district court judges, of 

17 whom— 

18 ‘‘(i) 3 judges shall be designated by the Chief 

19 Justice; 

20 ‘‘(ii) 2 judges shall be designated by the Speak21 er of the House of Representatives; 

22 ‘‘(iii) 2 judges shall be designated by the minor23 ity leader of the House of Representatives; 

24 ‘‘(iv) 2 judges shall be designated by the major25 ity leader of the Senate; and 


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1 ‘‘(v) 2 judges shall be designated by the minor2 ity leader of the Senate. 

3 ‘‘(C) No judge designated under this subsection (ex4 cept when sitting en banc under paragraph (2)) shall hear 

5 the same application for electronic surveillance under this 

6 Act which has been denied previously by another judge 

7 designated under this subsection. If any judge so des8 ignated denies an application for an order authorizing 

9 electronic surveillance under this Act, such judge shall 

10 provide immediately for the record a written statement of 

11 each reason for his decision and, on motion of the United 

12 States, the record shall be transmitted, under seal, to the 

13 court of review established in subsection (b).’’; and 

14 (B) in paragraph (2), by adding at the end 

15 the following new subparagraph: 

16 ‘‘(D) Any authority exercised by the court en banc 

17 under this paragraph shall only be exercised when agreed 

18 to by 60 percent or more of the judges sitting en banc.’’; 

19 and 

20 (2) in subsection (b)— 

21 (A) in the first sentence, by striking ‘‘The 

22 Chief Justice shall publicly designate three 

23 judges, one of whom shall be publicly designate 

24 as the presiding judge’’ and inserting ‘‘The 

25 Chief Justice, the Speaker of the House of RepVerDate Mar 15 2010 23:22 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2586.IH H2586

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1 resentatives, and the majority leader of the 

2 Senate or, if the majority leader is a member 

3 of the same political party as the Speaker, the 

4 minority leader of the Senate, shall each pub5 licly designate one judge, one of whom the 

6 Chief Justice shall publicly designate as the 

7 presiding judge’’; and 

8 (B) by adding at the end the following: 

9 ‘‘Such court may only decide in favor of the 

10 Government if the decision of the judges of 

11 such court is unanimous.’’. 

12 SEC. 3. SUBMISSION OF FOREIGN INTELLIGENCE SURVEIL13 LANCE COURT OPINIONS TO CONGRESS. 

14 Section 601(c) of the Foreign Intelligence Surveil15 lance Act of 1978 (50 U.S.C. 1871(c)) is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘that includes significant 

18 construction or interpretation of any provision 

19 of this Act,’’; and 

20 (B) by striking ‘‘; and’’ and inserting a 

21 semicolon; 

22 (2) in paragraph (2), by striking the period and 

23 inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(3) an unclassified summary of each such deci2 sion, order, or opinion.’’. 

Æ 


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