12 2 STA T . 2 465PUBLIC LA W 11 0– 261 —J UL Y 10 , 200 8‘ ‘ (B)Anyauthori ty g rant edb y thi s A c ttoa j udge o f the court estab l ished under this subsection m aybee x ercised by the court en banc .W hen exercising such authority , the court en banc shall com p ly w ith any re q uirements of this Act on the exercise of such authority. ‘‘( C ) F or purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection. ’ ’. ( 2 )C ONF O RMI N GA M E N D MEN TS . —T he Foreign I ntelligence S ur v eillance Act of 1978 is further amended— (A) in subsection (a) of section 1 03 , 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) ( 5 0 U .S.C. 1822(c)), by inserting ‘‘(except when sitting en banc)’’ after ‘‘except that no judge’’. (c) STA Y OR M ODIFI C ATION DU RING AN A P PEA L .—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 sub - section
‘‘(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) AUT H ORITY OF FOREIGN INTELLIGENCE SUR V EILLANCE 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) N othing in this Act shall be construed to reduce or con- travene the inherent authority of the court established under sub- section (a) to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.’’. SEC.1 1 0 . W E APON SO FM ASS D ES TRU CT I ON. (a) DEFINITIONS.— (1) FOREIGN PO W ER.—Subsection (a) of section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) is amended— (A) in paragraph (5), by stri k ing ‘‘persons; or’’ and inserting ‘‘persons;’’; (B) in paragraph ( 6 ) by striking the period and inserting ‘‘; or’’; and (C) by adding at the end the following new paragraph: Ap p licab ili ty.
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