FISA Accountability and Extension Act of 2026

Bill Number

S. 3696

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Armed Forces and National Security

Status

Introduced

Latest Action

2026-01-27: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-02-20T17:40:49Z

AI-Generated Summary

Purpose of the Legislation

The FISA Accountability and Extension Act of 2026 aims to increase congressional oversight of foreign intelligence surveillance activities, strengthen penalties for violations of the Foreign Intelligence Surveillance Act (FISA), improve the process for appointing independent advisors (amicus curiae) to FISA courts, protect whistleblower rights, and extend key surveillance authorities under the FISA Amendments Act of 2008 for a longer period.

Key Provisions

• Congressional Access to FISA Courts (Section 2): Modifies rules for U.S. Senators and House members, along with their designated staff, to attend proceedings of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review (FISCR). Requires full observation of proceedings without restrictions beyond those applied to the Department of Justice (DOJ). Addresses space limitations by mandating maximum use of courtroom space or providing alternative full visual and audio access if physical presence is not possible. Revokes prior procedures established by the Attorney General and Director of National Intelligence (DNI).

• Penalties for Violations (Section 3):
• Expands criminal offenses under FISA Section 109 to treat information gathered under Section 702 (targeting non-U.S. persons abroad but potentially affecting Americans) as equivalent to traditional electronic surveillance under Title I.
• Enhances civil remedies under FISA Section 110 by allowing lawsuits against those who violate FISA or commit perjury (18 U.S.C. § 1623) related to it, including those who knowingly aid or abet violations. Adds a 5-year statute of limitations from when the harmed party receives notice. Provides immunity for communication service providers, landlords, or others complying with court orders or emergency requests.
• Applies similar expansions to civil liability for physical searches under FISA Section 308.

• Amicus Curiae Designation (Section 4): Reforms the appointment of independent legal experts (amicus curiae) who advise FISC and FISCR on privacy and civil liberties issues. Requires the Senate majority leader (with minority leader consent) and House Speaker (with minority leader consent) to submit lists of at least six qualified individuals each within 90 days of enactment, in consultation with relevant intelligence and judiciary committees. FISC and FISCR presiding judges must then designate at least eight from these lists. Allows list modifications to maintain at least six names. Transitions by removing all prior amicus curiae upon the first list submission.

• Whistleblower Protections (Section 5): Clarifies that federal whistleblower laws do not limit employees' rights to make protected disclosures (e.g., about wrongdoing) directly to congressional committees, preserving existing safeguards under 5 U.S.C. §§ 2303 and 7211.

• Extension of Authorities (Section 6): Extends the sunset (expiration) date of key provisions in the FISA Amendments Act of 2008, including Section 702 surveillance authorities, from two years to eight years.

Significant Changes to Existing Law

• Oversight Access: Replaces Attorney General/DNI-controlled procedures for congressional attendance at FISA courts with direct, unrestricted access, voiding 2024 guidelines and eliminating court-imposed limits not equally applied to DOJ.
• Penalties and Remedies: Broadens FISA's criminal and civil penalties to explicitly cover Section 702 acquisitions and perjury, introduces aiding/abeting liability, adds provider immunity, and sets a 5-year limit for civil suits—changes not previously specified.
• Amicus Appointments: Shifts selection from sole judicial discretion (minimum five) to a congressional nomination process (minimum eight from lists), ensuring legislative input and immediate replacement of current designees.
• Whistleblower Clarity: Adds an explicit rule of construction to federal personnel law to affirm congressional disclosure rights, preventing any narrowing interpretation.
• Authority Extensions: Increases the reauthorization period for FISA Amendments Act provisions from two to eight years, providing longer-term stability for surveillance programs.

Potential Impacts

• Government Agencies: Enhances scrutiny on the DOJ, DNI, and intelligence community (e.g., FBI, NSA) through greater congressional presence in secret court proceedings and stronger whistleblower channels, potentially slowing operations but improving compliance. Communication providers gain clearer legal protections, reducing litigation risks.
• Citizens: Strengthens remedies for individuals (aggrieved parties) affected by unlawful surveillance, including Americans incidentally captured under Section 702, by expanding lawsuits and treating such data like domestic surveillance. Could deter misuse but might not directly alter day-to-day privacy for most.
• International Relations: Minimal direct impact, though extended Section 702 authorities maintain U.S. ability to monitor foreign threats without frequent renewals, supporting national security partnerships.

Main Stakeholders Affected

• Congress: Members and staff gain expanded, direct access to FISA court proceedings and influence over amicus selections, bolstering oversight roles.
• Intelligence and Justice Agencies: DOJ, DNI, FBI, and NSA face increased accountability, potential operational adjustments for court access, and heightened penalties for errors or abuses.
• FISA Courts (FISC and FISCR): Must accommodate observers, use space efficiently, and select amicus from congressional lists, shifting some autonomy.
• Whistleblowers and Employees: Federal workers in intelligence roles receive reinforced protections for reporting to Congress.
• Communication Providers and Aggrieved Parties: Providers benefit from immunity; individuals harmed by surveillance (U.S. persons or others) gain broader civil recourse.
• Civil Liberties Advocates: Amicus curiae (now more numerous and congressionally influenced) could amplify privacy concerns in court.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns Section 702 with Title I standards for penalties, potentially simplifying enforcement but raising questions about whether this equates distinct surveillance types (Title I requires warrants for U.S. persons; Section 702 does not). The 5-year statute of limitations balances access to justice with agency certainty.
• Constitutional: Promotes separation of powers by empowering Congress in judicial oversight of executive surveillance, but could challenge court independence if congressional access is seen as intrusive. Whistleblower provisions reinforce First Amendment protections for disclosures to lawmakers.
• Political: Introduced by Sen. Grassley (R-IA), the bill emphasizes accountability amid debates on surveillance overreach (e.g., post-Snowden reforms). Bipartisan elements (e.g., leader consents for lists) suggest compromise, but extensions of authorities may spark privacy vs. security divides in reauthorization fights. No direct international treaty implications, but sustains U.S. intelligence capabilities.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Grassley, Chuck [R-IA]

Recent Actions

• 2026-01-27: Read twice and referred to the Committee on the Judiciary.
• 2026-01-27: Introduced in Senate

Bill Versions

• FISA Accountability and Extension Act of 2026 — issued 2026-01-27 — PDF (10 pages)