[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5120 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5120

To require Presidential appointment and Senate confirmation of Foreign 
                Intelligence Surveillance Court judges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2018

 Mr. Gaetz (for himself and Mr. Poe of Texas) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Permanent 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Appointment of FISA 
Court Judges Act''.

SEC. 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.
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