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S. 3696: FISA Accountability and Extension Act of 2026

The FISA Accountability and Extension Act of 2026 aims to amend existing laws related to the Foreign Intelligence Surveillance Act (FISA) to enhance the access and oversight capabilities of congressional members concerning surveillance procedures and to extend certain authorities under the act. Below are the key provisions of the bill:

Member Access to Surveillance Courts

The bill modifies the procedures that govern how Congressional Members and their staff can attend proceedings of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review. Specifically:

  • Members of Congress and their designated staff will have the right to attend these court proceedings either in person or on their behalf.
  • Any previous procedures that restricted access implemented by the Attorney General will be nullified.
  • The courts are not allowed to impose additional restrictions on Congressional access compared to those applied to the Department of Justice.
  • Members and their staff will be ensured full access, including visual and audio if physical space limitations prevent in-person attendance.

Changes to Penalties

The bill revises the penalties related to unauthorized surveillance under FISA. It specifies that:

  • Information acquired under a specific section of the FISA is classified as electronic surveillance, thereby subjecting violators to enhanced penalties.
  • Civil actions can be taken against individuals or entities that violate surveillance laws, with the amendments clarifying the circumstances under which these actions can be pursued.
  • Existing protections for service providers and other parties that comply with court orders are reinforced, ensuring they are not liable when providing information as required.

Amicus Curiae Designation

The bill also addresses the designation of amicus curiae (friends of the court) in surveillance cases, adding a process for selecting these individuals:

  • The Majority Leader of the Senate and the Speaker of the House will submit lists of candidates for amicus curiae to the presiding judges.
  • This process must occur within 90 days of the bill's enactment, ensuring active involvement of both congressional chambers in oversight.

Whistleblower Protections

Additionally, the bill enhances whistleblower protections, ensuring individuals retain their rights to disclose information regarding wrongdoings without facing repercussions.

Extension of Surveillance Authorities

Finally, the bill extends the duration of some surveillance authorities associated with the FISA Amendments Act of 2008:

  • The terms of certain surveillance approvals will be extended from two years to eight years, expanding the time during which surveillance can be conducted without needing to reapply.

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Sponsors

1 sponsor

Actions

2 actions

Date Action
Jan. 27, 2026 Introduced in Senate
Jan. 27, 2026 Read twice and referred to the Committee on the Judiciary.

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