Ensuring Member Access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
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Section 5 of the Reforming Intelligence and Securing America Act (50 U.S.C. 1803 note), is amended— (1) in subsection (d) by striking on their behalf, pursuant to such procedures as the Attorney General, in consultation with the Director of National Intelligence may establish and inserting in addition or on their behalf; and (2) by adding at the end the following: (e) Revoking previous procedures Any procedures promulgated by the Attorney General in consultation with the Director of National Intelligence pursuant to subsection (d) as in effect before the date of enactment of this subsection shall be void, including the Attorney General Procedures for Congressional Attendance at Proceedings of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review dated November 18, 2024. (f) Prohibition on restrictions (1) In general The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall not have any authority to impose any restrictions on Members or designated staff attending proceedings pursuant to subsection (d) that are not also applied to the Department of Justice. (2) Requirements Each individual and designated staff described in subsection (d) shall be allowed to observe in its entirety any proceeding of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. (3) Space constraints (A) In general The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall use all physical space to the maximum extent possible, such that any individual and designated staff described in subsection (d) present in attendance shall have physical access to the courtrooms of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review to attend any proceeding of such courts. (B) Alternative if space unavailable If the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review is unable to accommodate all individuals and staff described in subsection (d) due to courtroom physical space constraints, such courts shall provide any such present individuals and staff who are not able to be physically present in the courtroom during a proceeding with full visual and audio access to observe the proceeding..