Amicus curiae designation

Section 103(i)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(1)) is amended— (1) by striking The presiding judges and inserting the following: (B) Designation by presiding judges; (2) by inserting before subparagraph (B), as so designated, the following: (A) Proposal for designation (i) Senate proposals Not later than 90 days after the date of enactment of the FISA Accountability and Extension Act of 2026, the majority leader of the Senate, with the consent of the minority leader of the Senate and in consultation with the chair and vice chair of the Select Committee on Intelligence of the Senate and the chair and ranking member of the Committee on the Judiciary of the Senate, shall submit a list of not fewer than 6 individuals to the presiding judges of the courts established under subsections (a) and (b) to be considered for designation as amicus curiae under subparagraph (B) of this paragraph. (ii) House of Representatives proposals Not later than 90 days after the date of enactment of the FISA Accountability and Extension Act of 2026, the Speaker of the House of Representatives, with the consent of the minority leader of the House of Representatives and in consultation with the chair and ranking member of the Permanent Select Committee on Intelligence of the House of Representatives and the chair and ranking member of the Committee on the Judiciary of the House of Representatives, shall submit a list of not fewer than 6 individuals to the presiding judges of the courts established under subsections (a) and (b) to be considered for designation as amicus curiae under subparagraph (B) of this paragraph. (iii) Modification of lists The majority leader of the Senate or the Speaker of the House of Representatives, with respect to a list submitted under clause (i) or (ii), respectively— (I) may modify the list at any time in accordance with the requirements of the respective clause; and (II) shall ensure that the list includes not fewer than 6 individuals at all times.; (3) in subparagraph (B), as so designated— (A) in the first sentence, by striking after the enactment of this subsection, jointly designate not fewer than 5 individuals and inserting after the date of enactment of the FISA Accountability and Extension Act of 2026, jointly designate not fewer than 8 individuals from the lists submitted under subparagraph (A) of this paragraph; and (B) by striking the second sentence; and (4) by adding at the end the following: (C) Transition On the date of submission of the list under clause (i) or (ii) of subparagraph (A), whichever submission occurs first, any individual serving as amicus curiae shall be removed and all designations shall occur pursuant to subparagraphs (A) and (B)..