Text: H.R.2761 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (07/19/2013)


113th CONGRESS
1st Session
H. R. 2761

To require Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges.


IN THE HOUSE OF REPRESENTATIVES
July 19, 2013

Mr. Schiff (for himself, Mr. Poe of Texas, Mr. Holt, Mr. Huffman, and Mr. Van Hollen) 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 require Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges.

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 “Presidential Appointment of FISA Court Judges Act”.

SEC. 2. Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges.

(a) Presidential appointment and Senate confirmation required.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended—

(1) in subsection (a)(1)—

(A) in the first sentence, by striking “The Chief Justice of the United States” and inserting “(A) The President, by and with the advice and consent of the Senate,”; and

(B) by adding at the end the following new subparagraph:

“(B) The President, by and with the advice and consent of the Senate, shall publicly designate a judge designated under subparagraph (A) to serve as the presiding judge of the court established under such subparagraph.”;

(2) in subsection (b), by striking “The Chief Justice” and inserting “The President, by and with the advice and consent of the Senate,”; and

(3) in subsection (c), by striking “the Chief Justice in consultation with”.

(b) Completion of terms by existing designees.—Notwithstanding the amendments by subsection (a), each judge serving on a court established under subsection (a) or subsection (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) on the date of the enactment of this Act may complete the term of such judge on such court.