[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3696 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3696
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FISA Accountability and Extension
Act of 2026''.
SEC. 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.''.
SEC. 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''.
SEC. 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).''.
SEC. 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.''.
SEC. 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''.
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