FISA Court Accountability Act

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. Short title This Act may be cited as the FISA Court Accountability Act 2. Designation of Foreign Intelligence Surveillance Court judges Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 (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 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 (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. 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) (1) in paragraph (1)— (A) by striking that includes significant construction or interpretation of any provision of this Act, (B) by striking ; and (2) in paragraph (2), by striking the period and inserting ; and (3) by adding at the end the following new paragraph: (3) an unclassified summary of each such decision, order, or opinion. .

Summary: FISA Court Accountability Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the Foreign Intelligence Surveillance Court to consist of 11 publicly designated district court judges, of whom 3 judges are designated by the Chief Justice of the Supreme Court and 2 judges each are designated, respectively, by the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the majority and minority leaders of the Senate. (Currently, the Chief Justice designates all 11 judges.) Requires any authority exercised by the court en banc (consisting of all judges who constitute the court when an en banc proceeding is ordered by a majority of the judges in certain circumstances) to be exercised only when agreed to by at least 60% of the judges sitting en banc. Directs the Chief Justice, the Speaker, 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) to each publicly designate one judge from the U.S. district courts or courts of appeals who together shall comprise the Foreign Intelligence Surveillance Court of Review. (Currently, the Chief Justice designates all three of such judges.) Allows such court to decide in favor of the government only if the decision of the reviewing judges is unanimous. Directs the Attorney General (DOJ) to submit to Congress a copy of any decision, order, or opinion issued by each court (currently, only those issuances with a significant construction or interpretation of FISA) along with an unclassified summary of each such decision, order, or opinion.