,,ii #aacth ,,congress #ast ,session ,s4 #adfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,mr4 ,blumenthal 7for himself1 ,mr4 ,wyden1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,tester1 ,ms4 ,baldwin1 ,mr4 ,heinrich1 ,mr4 ,schatz1 ,mr4 ,durbin1 and ,mr4 ,merkley7 introduced the following bill2 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 #aigh and modify the procedures for the appointment of judges to that court1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,judge ,selection ,reform ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,,fisa ,court ,the term ,,fisa ,court means the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,,fisa ,court of ,review ,the term ,,fisa ,court of ,review means the court of review established under section #ajc7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;b774 #c4 ,reforms to the ,foreign ,intelligence ,surveillance ,court 7a7 ,,fisa ,court judges 7#a7 ,number and designation of judges ,section #ajc7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77#a77 is amended to read as follows3 7#a7 7,a7 ,there is a court 7referred to in this paragraph as the ,,fisa ,court7 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 ,act4 7,b7 7i7 ,the ,,fisa ,court shall consist of #ac judges1 one of whom shall be designated from each judicial circuit 7including the ,united ,states ,court of ,appeals for the ,district of ,columbia and the ,united ,states ,court of ,appeals for the ,federal ,circuit74 7ii7 ,the ,chief ,justice of the ,united ,states shall-- 7,i7 designate each judge of the ,,fisa ,court from the nominations made under subparagraph 7,c72 and 7,,ii7 make the name of each judge of the ,,fisa ,court available to the public4 7,c7 7i7 ,when a vacancy occurs in the position of a judge of ,,fisa ,court from a judicial circuit1 the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that position4 7ii7 ,if the ,chief ,justice does not designate a district judge proposed under clause 7i71 the chief judge shall propose #b other district judges for a judicial district within the judicial circuit to be designated for that position and the ,chief ,justice shall designate #a such district judge to that position4 7,d7 ,no judge of the ,,fisa ,court 7except when sitting en banc under paragraph 7#b77 shall hear the same application for electronic surveillance under this ,act which has been denied previously by another judge of the ,,fisa ,court4 7,e7 ,if any judge of the ,,fisa ,court denies an application for an order authorizing electronic surveillance under this ,act1 such judge shall provide immediately for the record a written statement of each reason for the judge's decision and1 on motion of the ,united ,states1 the record shall be transmitted1 under seal1 to the court of review established in subsection 7b74 4 7#b7 ,tenure ,section #ajc7;d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;b77 is amended by striking redesignation1 and all that follows through the end and inserting redesignation44 7#c7 ,implementation 7,a7 ,incumbents ,a district judge designated to serve on the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77 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 #ajc7;d7 of such ,act1 as in effect on the day before the date of enactment of this ,act4 7,b7 ,initial appointment and term ,notwithstanding any provision of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc71 as amended by paragraphs 7#a7 and 7#b71 and not later than #ahj days after the date of enactment of this ,act1 the ,chief ,justice of the ,united ,states shall-- 7i7 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 #g years2 and 7ii7 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 #d years4 7b7 ,court of ,review ,section #ajc7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;b77 is amended-- 7#a7 by striking ,the ,chief ,justice and inserting 7#a7 ,subject to paragraph 7#b71 the ,chief ,justice2 and 7#b7 by adding at the end the following3 7#b7 ,the ,chief ,justice may designate a district court judge or circuit court judge to a position on the court established under paragraph 7#a7 only if at least #e associate justices approve the designation of such individual4 4 #d4 ,study and report on diversity and representation on the ,,fisa ,courts 7a7 ,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 representative4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,committee on ,intercircuit ,assignments shall submit to ,congress a report on the study carried out under subsection 7a74