Cohen Hopeful About President's Move to Curtail Domestic Surveillance, Urges Further Reforms

[WASHINGTON, DC] – Congressman Steve Cohen (TN-09) today expressed hope that President Obama’s newly-announced changes to domestic surveillance programs would result in meaningful reforms that help restore the public’s trust in its government, but he also reiterated that Congress must act as well to fully protect the rights and privacy of American citizens from the National Security Agency (NSA). The Congressman’s bipartisan FISA Court Accountability Act would take a step towards that goal by giving the American people, through their elected representatives, a voice in who serves on the court entrusted to balance the nation’s need for national security with every American’s right to personal privacy.

“It is clear that the NSA has overstepped the bounds of what it should do, and President Obama today recognized that we must address this problem,” said Congressman Cohen. “I am hopeful that his changes to domestic surveillance programs will result in meaningful reforms, but Congress must go further and enact all of the recommendations made by the President’s NSA Advisory Committee last month so that these sorts of overreaches cannot happen again. I will continue working with both Democrats and Republicans on proposals like my FISA Court Accountability Act to better protect the privacy and rights of all Americans, as well as to restore the public’s trust in its government.”

Supreme Court Chief Justice John Roberts is currently solely responsible for all appointments to the FISA Court, which rules on whether or not the National Security Agency and other agencies can conduct surveillance and search activities, among other responsibilities. All 11 judges currently serving on the court were appointed by Chief Justice Roberts, and only one was first nominated to the federal bench by a Democratic President.

Congressman Cohen’s FISA Court Accountability would ensure differing points of view on the court by dividing appointments between the Chief Justice, who would still select 3 of the 11 judges, and the bipartisan leadership in Congress—the Speaker of the House, House Minority Leader, and the Minority and Majority Leaders in the Senate—who would each appoint 2 judges.

“This immensely powerful court can act as an important check on Executive Branch overreach,” said Congressman Cohen. “But it is unlikely to be an effective check if the vast majority of its members share similar views on personal privacy. Congress must do a better job of balancing appointments to the FISA Court, as well as requiring transparency from it. My legislation will go a long way towards achieving that goal, and I am glad to have the bipartisan support of my colleagues.”

The FISA Court Accountability Act would also require that when all 11 judges meet to decide on a case at least 60% of them agree with the ruling and that, in cases where the government’s argument is rejected by the court, the appeals panel be unanimous to overturn rulings against the government. Additionally, the legislation would require the court to disclose all decisions, orders, and opinions to Congress in both classified form and in unclassified summaries.

Cosponsors of the FISA Court Accountability Act include: Representatives Matt Cartwright (PA-17), Emanuel Cleaver (MO-05), John Conyers, Jr. (MI-13), Jim Cooper (TN-05), John J. Duncan, Jr. (TN-02), Keith Ellison (MN-05), George Miller (CA-11), Chellie Pingree (ME-01), Jared Polis (CO-02), Peter Welch (VT-AL), and John A. Yarmuth (KY-03).