S. 3696

110 S3696 IS: FISA Accountability and Extension Act of 2026
 U.S. Senate
 2026-01-27
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3696  IN THE SENATE OF THE UNITED STATES   January 27, 2026   Mr. Grassley  introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend section 5 of the Reforming Intelligence and Securing America Act to ensure Member access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review, and for other purposes.
1.
Short title
This Act may be cited as the   FISA Accountability and Extension Act of 2026  .
2.
Ensuring Member Access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
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.
 .
3.
Penalties
(a)
Offenses
Section 109(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1809 ) is amended by adding at the end the following:
(e)
Information acquired under section 702
Information acquired under section 702 of this Act shall be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of this section.
 .
(b)
Civil actions
Section 110 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1810 ) is amended—
(1)
by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;
(2)
by redesignating subsections (a), (b), and (c) as paragraphs (1), (2), and (3), respectively, and adjusting the margins accordingly;
(3)
in the matter preceding paragraph (1), as so redesignated—
(A)
by striking  An aggrieved  and inserting the following:
(a)
In general
An aggrieved
 ;
(4)
in subsection (a), as so redesignated, in the matter preceding paragraph (1), as so redesignated—
(A)
by inserting  or in violation of section 1623 of title 18, United States Code,  after  in violation of section 109 ; and
(B)
by inserting  , or who knowingly aided or abetted any person in committing such violation,  after  such violation ; and
(5)
by adding at the end the following:
(b)
Exception
No cause of action shall lie in any court against a provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance under this Act.
(c)
Information acquired under section 702
Information acquired under section 702 of this Act shall be deemed to be information acquired from an electronic surveillance pursuant to title I for purposes of this section.
(d)
Statute of limitations
An action under this section may not be commenced later than 5 years after the date the aggrieved party first obtained actual notice of the violation.
 .
(c)
Civil liability for physical searches
Section 308 of the Foreign Intelligence Surveillance Act ( 50 U.S.C. 1828 ) is amended, in the matter preceding paragraph (1), by inserting  , or who knowingly aided or abetted any person in committing such violation,  after  such violation .
4.
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).
 .
5.
Whistleblower disclosures
Section 416 of title 5, United States Code, is amended in subsection (e) by adding at the end the following:
(4)
Rule of construction
Nothing in this subsection may be construed to revoke or diminish any right of an individual provided by section 2303 or 7211 of this title to make a protected disclosure to any congressional committee.
 .
6.
Extension of authorities
(a)
FISA Amendments Act of 2008
Section 403(b) of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 122 Stat. 2474) is amended—
(1)
in paragraph (1), by striking  two years  and inserting  8 years ; and
(2)
in paragraph (2) in the matter preceding subparagraph (A), by striking  two years  and inserting  8 years .
(b)
Conforming amendment
Section 404(b)(1) of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 122 Stat. 2476), is amended in the subsection heading by striking
two years   and inserting
8 years  .