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119-s-3696119th Congress

FISA Accountability and Extension Act of 2026

Sponsored By: Senator Grassley, Chuck [R-IA]

Introduced

Summary

Expands congressional oversight by broadening Member access to the Foreign Intelligence Surveillance Court and its Court of Review. This bill would also reshape who can serve as amicus curiae, treat certain Section 702 data as electronic surveillance for penalties and suits, preserve whistleblower disclosure rights, and extend select FISA authorities from 2 years to 8 years.

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  • Members and staff: Members of Congress and designated staff would gain broader rights to attend and observe FISC and FISCR proceedings. Courts would be barred from imposing attendance limits not applied to the Department of Justice and must provide full audio and visual access when space is constrained.
  • Amicus curiae process: House and Senate leaders would submit lists proposing at least 6 individuals for amicus roles and presiding judges would make final designations. A transition rule would replace current amicus designations under the new process.
  • Providers and legal liability: Information collected under Section 702 would be treated as electronic surveillance for certain criminal and civil provisions. The bill would create a 5-year statute of limitations from actual notice and preserve immunity for providers who comply with court orders or emergency requests.
  • Whistleblowers and authority duration: The bill clarifies that whistleblower disclosures to congressional committees remain protected. It would extend specific FISA Amendments Act timelines from 2 years to 8 years.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Extend certain surveillance authorities to 8 years

This bill would change some FISA Amendments Act provisions so that the named authorities would last eight years instead of two. The change would apply when the bill is enacted and would lengthen how long those surveillance authorities remain in effect.

New rules on surveillance evidence and suits

This bill would treat information gathered under Section 702 as if it were Title I electronic surveillance for certain criminal and civil rules. Providers and similar persons would be immune from lawsuits when they follow a court order or an emergency assistance request. The bill would also make people who knowingly aided an unlawful physical search subject to civil suits. Anyone bringing a civil action under these rules would have to start their case within five years after they first got actual notice of the violation.

More congressional access to surveillance courts

This bill would let Members of Congress and their designated staff attend and observe Foreign Intelligence Surveillance Court and Court of Review proceedings. Courts would be barred from placing attendance limits on those Members or staff that do not also apply to the Department of Justice. If a courtroom is full, the court would have to provide full audio and video access to people who cannot fit. The bill would void prior procedures on congressional attendance when enacted.

Protect whistleblower disclosures to Congress

This bill would clarify that nothing in a listed whistleblower rule can be read to remove or reduce a federal employee's right to make protected disclosures to congressional committees under relevant law. The change would take effect upon enactment and preserve existing congressional disclosure rights.

New process to pick court amici

This bill would change how amici curiae are chosen for the surveillance courts. Within 90 days of enactment, House and Senate leaders would each submit lists of at least six people. The presiding judges would then jointly pick at least eight amici from those lists. Any current amici would be removed and reselected under the new process.

Sponsors & CoSponsors

Sponsor

Grassley, Chuck [R-IA]

IA • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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