The Foreign Intelligence Surveillance Act (FISA) of 1978 was the product of sweeping congressional investigation and deliberation prompted by perceived electronic surveillance abuses by the executive branch. Among other things, FISA established the Foreign Intelligence Surveillance Court (FISC) to review government applications to conduct electronic surveillance for foreign intelligence purposes and the Foreign Intelligence Surveillance Court of Review (FISA Court of Review) to review the decisions of the FISC. In the wake of revelations in June 2013 concerning the scope of orders issued by the FISC, many have questioned the efficacy of the current mechanisms for reviewing the executive branch's intelligence gathering practices. While some have proposed altering the underlying substantive law that regulates such surveillance, other proposals address the practice and procedures of authorizing such surveillance activities. This report begins with an overview of both the FISC and the FISA Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC's practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles with respect to the various proposals to reform the FISA judicial review process. These reforms include requiring the FISC to hear arguments from "friends of the court" or amici curiae , who would brief the court on the privacy or civil liberty interests implicated by a government application; mandating that in certain instances the FISC sit en banc —that is, with all 11 FISC judges; and altering the voting rules of the FISC and FISA Court of Review. The creation of the foreign intelligence surveillance courts came about from the confluence of two major legal and political developments in the 1970s. First, in 1972, the Supreme Court suggested in the Keith case that while domestic security surveillance must be handled through traditional legal processes, Congress could establish a special legal framework for reviewing requests for foreign intelligence surveillance. Second, in 1975, Congress created the Senate Select Committee to Study Governmental Operations With Respect to Intelligence Activities, commonly known as the "Church Committee," to review the executive branch's intelligence gathering activities. The Church Committee unearthed widespread surveillance of American citizens and recommended tighter controls on intelligence activities. Deliberating in the context of both the Keith case and the Church Committee Report, Congress enacted FISA in 1978. At the heart of FISA is the FISC, a specialized Article III court that is empowered to "hear applications for and grant orders approving" of certain foreign intelligence gathering efforts. The FISC is wholly unique among federal courts in that its jurisdiction is narrowly tailored; the selection of its judges deviates from traditional constitutional appointments process; and its day-to-day operations are conducted almost entirely in secret. Before addressing some of the proposals to alter the current practices and procedures of the FISC and FISA Court of Review, this section will take a closer look at the current structure and operational processes of these foreign intelligence courts. The jurisdiction of the FISC is narrow in scope in that it solely "relates to the collection of foreign intelligence by the federal government." As originally enacted, the FISC's authority was limited to hearing government applications for electronic surveillance. The court's jurisdiction was later expanded, however, to hear applications for and grant orders approving of four types of investigative methods: (1) electronic surveillance; (2) physical searches; (3) pen register/trap and trace surveillance; and (4) the use of orders compelling the production of tangible things. The FISA Court of Review has jurisdiction to "review the denial of any application" for electronic surveillance and or physical searches. Additionally, the Court of Review has jurisdiction to review "tangible things" orders appealed by either the government or a person receiving such a production order. Under the FISA Amendments Act of 2008 (FAA), the FISC is authorized to review the government's certifications, minimization and targeting procedures concerning the targeting of non-U.S. persons reasonably believed to be abroad, and applications regarding the targeting of U.S. persons reasonably believed to be located abroad. The FISC has jurisdiction to review petitions by electronic communication service providers to modify or set aside directives issued under the FAA. The FISC can also review requests by the Attorney General to compel an electronic communication service provider to comply with a directive. The FISA Court of Review has jurisdiction to review FISC decisions to modify or set aside a directive and decisions to compel compliance with a directive. The FISC is composed of 11 district court judges selected by the Chief Justice from at least seven of the regional judicial circuits. Of these 11, at least 3 must reside within 20 miles of the District of Columbia. Unlike judges appointed to traditional Article III courts, FISA judges are not selected via presidential appointment and Senate confirmation, but are instead "designated" to those positions by the Chief Justice of the Supreme Court. Pursuant to the FISC's rules, the presiding judge of the FISC is selected by the Chief Justice. The FISA Court of Review is composed of three district court or court of appeals judges also designated by the Chief Justice. The Chief Justice also selects the presiding judge of the Court of Review. Judges of both courts serve one term of seven years and are not eligible for a second term. In addition to the judges, the FISC has a staff of five full-time legal advisors with expertise in foreign intelligence issues. These legal advisors are said to conduct a thorough "vetting" of all applications before the government presents them formally to the FISC judges. In light of the sensitive nature of its docket, the FISA courts operate largely in secret and in a non-adversarial fashion. Court sessions are held behind closed doors, are generally held ex parte with the government as the only party presenting arguments to the court, and rarely are its opinions released. As noted by the FISC, whereas "[o]ther courts operate primarily in public, with secrecy the exception[,] the FISC operates primarily in secret, with public access the exception." That being said, there are several instances where non-governmental parties have appeared before the FISC. Generally, each of the 11 FISC judges sits for a one week period in a secure courtroom in a federal courthouse in Washington, DC on a rotating basis. The judge on duty each week is aptly referred to as the "duty judge." Additionally, the three FISC judges who reside in the District of Columbia, or if they are unavailable, other FISC judges as may be designated by the Chief Judge of the FISC, comprise a pool which has jurisdiction to review petitions filed under § 215 of the USA PATRIOT Act and § 702 of FISA. Applications submitted to the FISC are heard by a single judge, and if denied, cannot be heard by another judge of the FISC, except when sitting en banc . The application process generally begins when the government submits a "read copy" of its proposed application to the FISC, which, pursuant to FISC rules, must be submitted seven days before the government files a formal application. In many instances, the legal advisors or the FISC judges will have questions about these read copies, and will often have conversations with the government's attorneys—generally, attorneys from the Office of Intelligence of the National Security Division of the Department of Justice—to seek additional information or raise concerns about the application. The legal advisors will then prepare a written memorandum for the duty judge, identifying any weaknesses or flaws in the government's submissions. The duty judge will review the memorandum and make an initial determination of how he is inclined to resolve the application. This may include a determination that the application will be approved without a hearing, that additional information is required from the government, that conditions may be placed on the application, or that a hearing is required. Based on the judge's response, the government then decides whether to submit a formal application. In some instances, the questions raised by the judges or legal advisors may result in the withdrawal or non-submission of the final application. If the judge denies a formal application, he must prepare a statement of reasons of his decision. A hearing regarding an application can occur in several situations. The FISC judge may determine that a hearing is needed before deciding to issue an application. Alternatively, the government may request a hearing to challenge conditions that the judge has stated he would place on the approval of the application. Additionally, the FISC may, on its own initiative, or upon the request of the government in any proceeding, or a party in any proceeding under § 215 or § 702, hold a hearing or rehearing en banc . An en banc panel consists of all the judges that constitute the FISC. An en banc panel will be convened when ordered by a majority of the FISC judges upon a determination that "(i) the en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or (ii) the proceeding involves a question of exceptional importance." An initial hearing, as opposed to a rehearing, will be heard en banc only if the matter "is of such immediate and extraordinary importance that initial consideration" is necessary and feasible "in light of applicable time constraints." Upon the denial of any application for electronic surveillance or physical searches, the government may request review from the FISA Court of Review. If the court determines that the application was properly denied, it "shall immediately provide for the record a written statement of each reason for its decision." The government may then file for a writ of certiorari to have such a denial reviewed by the Supreme Court. The Court of Review also has jurisdiction to review a petition by either the government or anyone receiving an order for the production of "tangible things" to affirm, modify, or set aside a FISC order. The Court of Review must provide a written opinion of the reasons for its decision, and upon petition by the government or the entity receiving the production order transmit the record to the Supreme Court, which has jurisdiction to review such decision.