{
  "id": "R43534",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R43534",
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  "source": "EveryCRSReport.com, Federation of American Scientists",
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      "id": 430790,
      "date": "2014-05-07",
      "retrieved": "2016-04-06T23:00:05.695215",
      "title": "Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges",
      "summary": "In the past year, the decisions and functions of the courts established under the Foreign Intelligence Surveillance Act (FISA) have received much public attention. FISA established two courts\u2014the Foreign Intelligence Surveillance Court (FISC) and the FISA Court of Review\u2014which have jurisdiction to review government applications to conduct electronic surveillance for foreign intelligence purposes. Various proposals have been introduced in Congress to amend the law that authorizes such surveillance and to change the internal practices and procedures of the courts. This report focuses on those proposals that would amend the process for selecting the judges who serve on the FISC and FISA Court of Review.\nUnder the existing framework, the Chief Justice of the U.S. Supreme Court \u201cdesignates\u201d existing federal judges to serve on the FISA courts. While critics have argued that the current process is partisan and lacks political accountability, transparency, and oversight, the Director of the Administrative Office of the U.S. Courts, acting on behalf of the Chief Justice of the Supreme Court, has expressed concern regarding proposals that would change the existing framework. Proposals that would alter the process for selecting FISA judges include S. 1460, the FISA Judge Selection Reform Act, which would effectively shift authority to the chief judges of the circuit courts; H.R. 2761, the Presidential Appointment of FISA Court Judges Act, which would authorize the President to choose FISA judges with the advice and consent of the Senate; and H.R. 2586, the FISA Court Accountability Act, which would permit Members of Congress to select FISA judges.\nTo understand the potential legal issues implicated by these proposals, this report first briefly reviews the constitutional method for appointing federal judges. The report also surveys the process of \u201cdesignation,\u201d an alternative method used by Congress that allows current federal judges to serve temporarily on another federal court without undergoing a separate constitutional appointment. Lastly, the report explores how a reviewing court might evaluate the constitutionality of these proposals that would shift the authority to select FISA judges away from the Chief Justice alone, and vest it in other officials within the judicial, executive, and legislative branches.",
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    {
      "source": "Federation of American Scientists",
      "sourceLink": "https://sgp.fas.org/crs/",
      "id": "R43534_FAS",
      "date": "2014-05-05",
      "retrieved": "2016-10-20T23:29:44",
      "title": "Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges",
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  "topics": [
    "Constitutional Questions"
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}