H.R. 8178

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8178 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8178

To protect Americans from unauthorized surveillance.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 2, 2026

Mr. Lieu introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Permanent Select 
Committee on Intelligence, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To protect Americans from unauthorized surveillance.

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 ``Protecting Americans from 
Unauthorized Surveillance Act''.

SEC. 2. FISA OVERSIGHT OFFICE.

(a) In General.--Title I of the Foreign Intelligence Surveillance 
Act of 1978 is amended by adding at the end the following:

``SEC. 113. FISA OVERSIGHT OFFICE.

``(a) In General.--There is established an office, to be known as 
the `FISA Oversight Office', within the Department of Justice 
(hereinafter in this section referred to as the `Office'). The Office--
``(1) shall evaluate each application under this title;
``(2) except as provided in paragraph (3), if the Office 
determines based on the evaluation under paragraph (1) that the 
probable cause standard under section 105(a)(2) may not be met, 
may--
``(A) petition to be joined as a party; and
``(B) file a motion with the court alleging that 
such standard has not been met; and
``(3) if the application is for the surveillance of a 
United States person and if the Office determines based on the 
evaluation under paragraph (1) that the probable cause standard 
under section 105(a)(2) has not been clearly met, shall--
``(A) petition to be joined as a party; and
``(B) file a motion with the court alleging that 
such standard has not been met.
``(b) Access to Information.--The Federal office filing the 
application shall provide the Office all available evidence that 
pertains to an investigation into a United States person. That officer 
is required to notify the Office each time an application is filed with 
the court established under section 103(a).
``(c) Report Required.--Not later than 365 days after the effective 
date of this section, the Attorney General and the Director shall 
submit to the appropriate committees of Congress a report detailing--
``(1) the number of applications for which the FISA 
Oversight Office has filed a motion under subsection (a)(2)(B) 
or (a)(3)(B) and information regarding the subject of such 
applications and the information sought to be collected;
``(2) the number of such applications that the FISA 
Oversight Office has declined to challenge, and information 
regarding the subject of such applications and the information 
sought to be collected, as well as information regarding the 
Office's decision not to challenge.''.
(b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item pertaining to section 112 the 
following:

``Sec. 113. FISA Oversight Office.''.

SEC. 3. REQUIREMENT FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT TO 
APPOINT AMICUS CURIAE.

Section 103(i) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(i)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Requirement.--A court established under subsection 
(a) or (b), consistent with the requirement of subsection (c) 
and any other statutory requirement that the court act 
expeditiously or within a stated time, shall appoint an 
individual who has been designated under paragraph (1) to serve 
as amicus curiae to assist such court in the consideration of 
each application for an order or review under this title.'';
(2) in paragraph (4), by striking ``If a court established 
under subsection (a) or (b) appoints an amicus curiae under 
paragraph (2)(A)'' and inserting ``An amicus curiae appointed 
under paragraph (2)(A)'';
(3) in paragraph (6)(A), by striking ``If a court 
established under subsection (a) or (b) appoints an amicus 
curiae under paragraph (2), the amicus curiae'' and inserting 
``An amicus curiae appointed under paragraph (2)(A)''; and
(4) by repealing paragraph (7).
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