Sec. 9. Reforms to the Foreign Intelligence Surveillance Court
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Section 103(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a)(1) ) is amended to read as follows: There is a court which shall have jurisdiction to hear applications for and to grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act. The court established under subparagraph
(A)shall consist of 13 judges, one of whom shall be designated from each judicial circuit (including the United States Court of Appeals for the District of Columbia and the United States Court of Appeals for the Federal Circuit). The Chief Justice of the United States shall— designate each judge of the court established under subparagraph
(A)from the nominations made under subparagraph (C); and make the name of each judge of such court available to the public. When a vacancy occurs in the position of a judge of the court established under subparagraph
(A)from a judicial circuit, the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that position. If the Chief Justice does not designate a district judge proposed under clause (i), the chief judge shall propose 2 other district judges for a judicial district within the judicial circuit to be designated for that position and the Chief Justice shall designate 1 such district judge to that position. No judge of the court established under subparagraph
(A)(except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this Act which has been denied previously by another judge of such court. If any judge of the court established under subparagraph
(A)denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the record a written statement of each reason for the judge's decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). . Section 103(d) of such Act is amended by striking redesignation, and all that follows through the end and inserting redesignation. . A district judge designated to serve on the court established under subsection
(a)of such section before the date of enactment of this Act may continue to serve in that position until the end of the term of the district judge under subsection
(d)of such section, as in effect on the day before the date of the enactment of this Act. Notwithstanding any provision of such section, as amended by paragraphs
(1)and (2), and not later than 180 days after the date of enactment of this Act, the Chief Justice of the United States shall— designate a district court judge who is serving in a judicial district within the District of Columbia circuit and proposed by the chief judge of such circuit to be a judge of the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ) for an initial term of 7 years; and designate a district court judge who is serving in a judicial district within the Federal circuit and proposed by the chief judge of such circuit to be a judge of such court for an initial term of 4 years. Section 103(b) of such Act is amended— by striking The Chief Justice and inserting
(1)Subject to paragraph (2), the Chief Justice ; and by adding at the end the following: The Chief Justice may designate a district court judge or circuit court judge to a position on the court established under paragraph
(1)only if at least 5 associate justices approve the designation of such individual. .
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Sec. 9
Reforms to the Foreign Intelligence Surveillance Court
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