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
To protect Americans from unauthorized surveillance.
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:
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 theOffice). 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. 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).