50 USC 1803 - Designation of judges

U.S Code last checked for updates: Nov 22, 2024

§ 1803.

Designation of judges

(a)

Court to hear applications and grant orders; record of denial; transmittal to court of review

(1)

The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (exce

pt when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).

(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 1861(f) 1

 See References in Text note below.

of this title or paragraph (4) or (5) of section 1881a(i) of this title, 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.

(B)

Any authority granted by this chapter 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 chapter 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.

(b)

Court of review; record, transmittal to Supreme Court

(c)

Expeditious conduct of proceedings; security measures for maintenance of records

(d)

Tenure

(e)

Jurisdiction and procedures for review of petitions

(1)

Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 1861(f)(1) ¹ or 1881a(i)(4) of this title.

(2)

Not later than 60 days after March 9, 2006, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to section 1861(f)(1) ¹ or 1881a(i)(4) of this title by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.

(f)

Stay of order

(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 subchapter of this chapter, 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 chapter.

(g)

Establishment and transmittal of rules and procedures

(1)

The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this chapter.

(2)

The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:

(A)

All of the judges on the court established pursuant to subsection (a).

(B)

All of the judges on the court of review established pursuant to subsection (b).

(C)

The Chief Justice of the United States.

(D)

The Committee on the Judiciary of the Senate.

(E)

The Select Committee on Intelligence of the Senate.

(F)

The Committee on the Judiciary of the House of Representatives.

(G)

The Permanent Select Committee on Intelligence of the House of Representatives.

(3)

The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(h)

Compliance with orders, rules, and procedures

(i)

Amicus curiae

(1)

Designation

(2)

Authorization

(A)

In general

A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time—

(i)

shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate;

(ii)

may appoint one or more individuals or organizations to serve as amicus curiae, including to provide technical expertise, in any instance as such court deems appropriate or, upon motion, permit an individual or organization leave to file an amicus curiae brief; and

(iii)

shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any certification or procedures submitted for review pursuant to section 1881a of this title, including any amendments to such certifications or procedures, if the court established under subsection (a) has not appointed an individual under clause (i) or (ii), unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay.

(B)

Expertise

(C)

Timing

(3)

Qualifications of amicus curiae

(A)

Expertise

(B)

Security clearance

(4)

Duties

If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae shall—

(A)

be limited to addressing the specific issues identified by the court; and

(B)

provide to the court, as appropriate—

(i)

legal arguments that advance the protection of individual privacy and civil liberties of United States persons;

(ii)

information related to intelligence collection or communications technology; or

(iii)

legal arguments or information regarding any other area relevant to the issue presented to the court.

(5)

Assistance

(6)

Access to information

(A)

In general

If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae—

(i)

shall have access to any legal precedent, application, certification, petition, motion, or such other materials that the court determines are relevant to the duties of the amicus curiae; and

(ii)

may, if the court determines that it is relevant to the duties of the amicus curiae, consult with any other individuals designated pursuant to paragraph (1) regarding information relevant to any assigned proceeding.

(B)

Briefings

(C)

Classified information

(D)

Rule of construction

(7)

Notification

(8)

Assistance

(9)

Administration

(10)

Receipt of information

(11)

Compensation

(j)

Review of FISA court decisions

(k)

Review of FISA court of review decisions

(1)

Certification

(2)

Amicus curiae briefing

(l)

Designation of counsel for certain applications

To assist the court in the consideration of any application for an order pursuant to section 1804 of this title that targets a United States person, the presiding judge designated under subsection (a) shall designate one or more attorneys to review such applications, and provide a written analysis to the judge considering the application, of—

(1)

the sufficiency of the evidence used to make the probable cause determination under section 1805(a)(2) of this title;

(2)

any material weaknesses, flaws, or other concerns in the application; and

(3)

a recommendation as to the following, which the judge shall consider during a proceeding on the application in which such attorney is present, as appropriate—

(A)

that the application should be approved, denied, or modified;

(B)

that the Government should supply additional information in connection with such application; or

(C)

that any requirements or conditions should be imposed on the Government for the approval of such application.

(m)

Removal or suspension of Federal officers for misconduct before courts

(Pub. L. 95–511, title I, § 103, Oct. 25, 1978, 92 Stat. 1788; Pub. L. 107–56, title II, § 208, Oct. 26, 2001, 115 Stat. 283; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §§ 106(f)(1), 109(d), Mar. 9, 2006, 120 Stat. 197, 205; Pub. L. 110–55, § 5(a), Aug. 5, 2007, 121 Stat. 556; Pub. L. 110–261, title I, § 109(a)–(b)(2)(A), (c), (d), title IV, § 403(a)(1)(B)(ii), July 10, 2008, 122 Stat. 2464, 2465, 2474; Pub. L. 111–259, title VIII, §§ 801(2), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 114–23, title IV, § 401, June 2, 2015, 129 Stat. 279; Pub. L. 115–118, title I, §§ 101(b)(2)(A), 106, title II, § 205(a)(1), (b)(1), Jan. 19, 2018, 132 Stat. 8, 13, 21, 22; Pub. L. 118–49, §§ 5(b), (c), 8(a), 17(a), Apr. 20, 2024, 138 Stat. 868, 869, 874, 884.)

cite as: 50 USC 1803

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