Presidential Appointment of FISA Court Judges Act

Bill: 113-hr-2761
Sponsor: full_name: Rep. Schiff, Adam B. [D-CA-28]
Introduced: 2013-07-19
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Criminal investigation, prosecution, interrogation

Intelligence activities, surveillance, classified information

Judges

Presidents and presidential powers, Vice Presidents

Specialized courts
Latest action: action_date: 2013-09-13
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2013-07-19
action_desc: Introduced in House
text: <p>Presidential Appointment of FISA Court Judges Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the President, with the advice and consent of the Senate, to publicly designate: (1) the 11 district court judges constituting the Foreign Intelligence Surveillance Court with jurisdiction over applications for electronic surveillance, (2) the 3 judges of the Foreign Intelligence Surveillance Court of Review, and (3) the presiding judges of such Courts. (Currently, such judges are designated by the Chief Justice.)</p> <p>Permits existing FISA judges to complete their terms. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2761 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.

1. Short title This Act may be cited as the Presidential Appointment of FISA Court Judges Act . 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.