I 

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. 

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 Oversight 

3 Underscoring Responsibility and Transparency Act’’ or 

4 the ‘‘FISA COURT Act’’. 

5 SEC. 2. DESIGNATION OF FOREIGN INTELLIGENCE SUR6 VEILLANCE COURT JUDGES. 

7 Section 103 of the Foreign Intelligence Surveillance 

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

9 (1) in subsection (a), by striking paragraph (1) 

10 and inserting 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) 2 judges shall be designated by the Presi19 dent; 

20 ‘‘(ii) 1 judge shall be designated by a majority 

21 of the Supreme Court; 

22 ‘‘(iii) 2 judges shall be designated by the Speak23 er of the House of Representatives; 

24 ‘‘(iv) 2 judges shall be designated by the minor25 ity leader of the House of Representatives; 


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1 ‘‘(v) 2 judges shall be designated by the major2 ity leader of the Senate; and 

3 ‘‘(vi) 2 judges shall be designated by the minor4 ity leader of the Senate. 

5 ‘‘(C) No judge designated under this subsection (ex6 cept when sitting en banc under paragraph (2)) shall hear 

7 the same application for electronic surveillance under this 

8 Act which has been denied previously by another judge 

9 designated under this subsection. If any judge so des10 ignated denies an application for an order authorizing 

11 electronic surveillance under this Act, such judge shall 

12 provide immediately for the record a written statement of 

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

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

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

16 (2) in subsection (b), by striking ‘‘The Chief 

17 Justice’’ and inserting ‘‘A majority of the Supreme 

18 Court’’. 

19 SEC. 3. PUBLIC AVAILABILITY OF SIGNIFICANT OPINIONS 

20 OF THE FOREIGN INTELLIGENCE SURVEIL21 LANCE COURT. 

22 Section 601 of the Foreign Intelligence Surveillance 

23 Act of 1978 (50 U.S.C. 1871) is amended— 

24 (1) in subsection (c)— 


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1 (A) in the heading, by striking ‘‘SUBMIS2 SIONS TO CONGRESS’’ and inserting ‘‘SUBMIS3 SIONS TO CONGRESS AND PUBLIC AVAIL4 ABILITY OF CERTAIN OPINIONS’’; and 

5 (B) in the matter preceding paragraph 

6 (1)— 

7 (i) by striking ‘‘The Attorney Gen8 eral’’ and inserting ‘‘Subject to subsection 

9 (d), the Attorney General’’; and 

10 (ii) by inserting ‘‘and make publicly 

11 available’’ after ‘‘in subsection (a)’’; and 

12 (2) in subsection (d)— 

13 (A) by striking ‘‘PROTECTION OF NA14 TIONAL SECURITY.—The Attorney General’’ 

15 and inserting the following: ‘‘PROTECTION OF

16 NATIONAL SECURITY.— 

17 ‘‘(1) REDACTION OF MATERIALS.—The Attor18 ney General’’; 

19 (B) in paragraph (1), as designated under 

20 subparagraph (A), by inserting ‘‘and made pub21 licly available’’ after ‘‘in subsection (a)’’; and 

22 (C) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) WAIVER OF PUBLIC AVAILABILITY.— 


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1 ‘‘(A) WAIVER.—The Attorney General, in 

2 consultation with the Director of National Intel3 ligence, may waive the requirement to make a 

4 decision, order, or opinion described in sub5 section (c) publicly available under such sub6 section if the Attorney General determines the 

7 public disclosure of such decision, order, or 

8 opinion (including public disclosure in redacted 

9 form) would cause harm to the national security 

10 of the United States. 

11 ‘‘(B) REPORT.—The Attorney General 

12 shall quarterly make publicly available an esti13 mate of the number of decisions, orders, or 

14 opinions for which the Attorney General waived 

15 under subparagraph (A) the requirement under 

16 subsection (c) to make such decisions, orders, 

17 or opinions publicly available and the reasons 

18 for waiving such requirement.’’. 

Æ 


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