FOREIGN INTELLIGENCE SURVEILLANCE COURT.

SEC. 109. FOREIGN INTELLIGENCE SURVEILLANCE COURT.(a) Designation of Judges.—Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by inserting “at least” before “seven of the United States judicial circuits”.(b) En Banc Authority.—(1) In general.—Subsection (a) of section 103 of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a) of this section, is further amended—(A) by inserting “(1)” after “(a)”; and(B) by adding at the end the following new paragraph:“(2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 501(f) or paragraph (4) or (5) of section 702(h), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—“(i) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or“(ii) the proceeding involves a question of exceptional importance.122 STAT. 2465“(B) Any authority granted by this Act to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this Act on the exercise of such authority.“(C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.”.(2) Conforming amendments.—The Foreign Intelligence Surveillance Act of 1978 is further amended—(A) in subsection (a) of section 103, as amended by this subsection, by inserting “(except when sitting en banc under paragraph (2))” after “no judge designated under this subsection”; and(B) in section 302(c) (50 U.S.C. 1822(c)), by inserting “(except when sitting en banc)” after “except that no judge”.(c) Stay or Modification During an Appeal.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended—(1) by redesignating subsection (f) as subsection (g); and(2) by inserting after subsection (e) the following new subsection:“(f)(1) A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any title of this Act, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court.“(2) The authority described in paragraph (1) shall apply to an order entered under any provision of this Act.”.(d) Authority of Foreign Intelligence Surveillance Court.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), as amended by this Act, is amended by adding at the end the following:“(i) Nothing in this Act shall be construed to reduce or contravene the inherent authority of the court established under subsection (a) to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.”.