Text: S.1460 — 113th Congress (2013-2014)

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Introduced in Senate (08/01/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1460 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1460

 To create two additional judge positions on the court established by 
   the Foreign Intelligence Surveillance Act of 1978 and modify the 
 procedures for the appointment of judges to that court, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

 Mr. Blumenthal (for himself, Mr. Wyden, Mr. Udall of New Mexico, Mr. 
  Tester, Ms. Baldwin, Mr. Heinrich, Mr. Schatz, Mr. Durbin, and Mr. 
   Merkley) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To create two additional judge positions on the court established by 
   the Foreign Intelligence Surveillance Act of 1978 and modify the 
 procedures for the appointment of judges to that court, and for other 
                               purposes.

    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 Judge Selection Reform Act of 
2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) FISA court.--The term ``FISA Court'' means the court 
        established under section 103(a) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(a)).
            (2) FISA court of review.--The term ``FISA Court of 
        Review'' means the court of review established under section 
        103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1803(b)).

SEC. 3. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    (a) FISA Court Judges.--
            (1) Number and designation of judges.--Section 103(a)(1) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803(a)(1)) is amended to read as follows:
    ``(1)(A) There is a court (referred to in this paragraph as the 
`FISA Court') which shall have jurisdiction to hear applications for 
and to grant orders approving electronic surveillance anywhere within 
the United States under the procedures set forth in this Act.
    ``(B)(i) The FISA Court shall consist of 13 judges, one of whom 
shall be designated from each judicial circuit (including the United 
States Court of Appeals for the District of Columbia and the United 
States Court of Appeals for the Federal Circuit).
    ``(ii) The Chief Justice of the United States shall--
            ``(I) designate each judge of the FISA Court from the 
        nominations made under subparagraph (C); and
            ``(II) make the name of each judge of the FISA Court 
        available to the public.
    ``(C)(i) When a vacancy occurs in the position of a judge of FISA 
Court from a judicial circuit, the chief judge of the circuit shall 
propose a district judge for a judicial district within the judicial 
circuit to be designated for that position.
    ``(ii) If the Chief Justice does not designate a district judge 
proposed under clause (i), the chief judge shall propose 2 other 
district judges for a judicial district within the judicial circuit to 
be designated for that position and the Chief Justice shall designate 1 
such district judge to that position.
    ``(D) No judge of the FISA Court (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 of the FISA Court.
    ``(E) If any judge of the FISA Court 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 the judge's decision and, on motion of the United States, 
the record shall be transmitted, under seal, to the court of review 
established in subsection (b).''.
            (2) Tenure.--Section 103(d) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended by 
        striking ``redesignation,'' and all that follows through the 
        end and inserting ``redesignation.''.
            (3) Implementation.--
                    (A) Incumbents.--A district judge designated to 
                serve on the court established under section 103(a) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1803(a)) before the date of enactment of this 
                Act may continue to serve in that position until the 
                end of the term of the district judge under section 
                103(d) of such Act, as in effect on the day before the 
                date of enactment of this Act.
                    (B) Initial appointment and term.--Notwithstanding 
                any provision of section 103 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), 
                as amended by paragraphs (1) and (2), and not later 
                than 180 days after the date of enactment of this Act, 
                the Chief Justice of the United States shall--
                            (i) designate a district court judge who is 
                        serving in a judicial district within the 
                        District of Columbia circuit and proposed by 
                        the chief judge of such circuit to be a judge 
                        of the FISA Court for an initial term of 7 
                        years; and
                            (ii) designate a district court judge who 
                        is serving in a judicial district within the 
                        Federal circuit and proposed by the chief judge 
                        of such circuit to be a judge of the FISA Court 
                        for an initial term of 4 years.
    (b) Court of Review.--Section 103(b) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended--
            (1) by striking ``The Chief Justice'' and inserting ``(1) 
        Subject to paragraph (2), the Chief Justice''; and
            (2) by adding at the end the following:
    ``(2) The Chief Justice may designate a district court judge or 
circuit court judge to a position on the court established under 
paragraph (1) only if at least 5 associate justices approve the 
designation of such individual.''.

SEC. 4. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA 
              COURTS.

    (a) Study.--The Committee on Intercircuit Assignments of the 
Judicial Conference of the United States shall carry out a study on how 
to ensure judges are appointed to the FISA Court and the FISA Court of 
Review in a manner that ensures such Courts are diverse and 
representative.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Committee on Intercircuit Assignments shall submit to 
Congress a report on the study carried out under subsection (a).
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