Sec. 309. Clarification of Foreign Intelligence Surveillance Court jurisdiction over records of the court and other ancillary matters
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Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ), as amended by sections 206 and 207, is further amended— by adding at the end the following: The Foreign Intelligence Surveillance Court shall have jurisdiction to hear claims ancillary to any of its own proceedings, including jurisdiction to hear any claim for access to the court’s records, files, and proceedings under the Constitution of the United States, statute, common law, or any other authority.
Upon deciding such a claim, the Court shall provide immediately for the record a written statement of the reasons for such decision. A party may file a petition for review of such decision with the Foreign Intelligence Surveillance Court of Review, which shall have jurisdiction to consider such petition and, upon deciding such petition, shall provide for the record a written statement of the reasons for its decision. The Foreign Intelligence Surveillance Court of Review shall have jurisdiction to hear claims ancillary to any of its own proceedings, including jurisdiction to hear any claim for access to the court’s records, files, and proceedings under the Constitution of the United States, statute, common law, or any other authority.
Upon deciding such a claim, the Court of Review shall provide immediately for the record a written statement of the reasons for such decision. A party may file a petition for a writ of certiorari for review of a decision of the Foreign Intelligence Surveillance Court of Review under paragraphs
(1)or (2), and the Supreme Court shall have jurisdiction to review such decision. ; in subsection (a)(2)(A), in the matter preceding clause (i), by inserting paragraph
(1)of subsection
(o)of this section or before paragraph
(4)or
(5)of section 702(i) ; and in subsection (k)(1), by striking section 1254(2) of title 28 and inserting section 1254 of title 28 . Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ), as amended by section (a), is further amended— in subsection (a)(2)(A), in the matter preceding clause (i), by striking section 501(f) or ; and in subsection (e), by striking section 501(f)(1) or each place it appears.
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Sec. 309
Clarification of Foreign Intelligence Surveillance Court jurisdiction over records of the court and other ancillary matters
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