FISA Court Composition Disclosure Record

PROBLEM: The Foreign Intelligence Surveillance Court was created by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. § 1803). It is composed of 11 U.S. district judges publicly designated by the Chief Justice of the United States, drawn from at least seven circuits, at least three residing within 20 miles of Washington, D.C.; each serves a maximum of seven years and is not eligible for redesignation. Proceedings are ex parte — the government faces no adverse party — and the government owes the court a "heightened duty of candor." A separate three-judge Court of Review hears appeals. The court that approves the nation's most secret surveillance warrants is appointed by one person, sits in secret, and hears only one side — and no single public record states that structure plainly.

SOLUTION: A FISA Court composition disclosure record: the statute, the 11-judge composition, the Chief Justice's designation power, the seven-year terms, the ex parte procedure, and the Court of Review — published in one place so the secret court's structure is not itself secret.

EVIDENCE BASIS: DOCUMENTED — FISA 1978, 50 U.S.C. § 1803; 11 judges designated by the Chief Justice; 7-year maximum terms, no redesignation; ≥7 circuits, ≥3 judges near D.C.; ex parte proceedings; heightened duty of candor; 3-judge Court of Review. Sources: fisc.uscourts.gov (official "About" page); CRS RL33833.