Protecting Americans from Unauthorized Surveillance Act
- Bill Number
- H.R. 8178
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-04-02: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
- Last Updated
- 2026-04-21T01:18:31Z
AI-Generated Summary
Purpose
The Protecting Americans from Unauthorized Surveillance Act (H.R. 8178) aims to strengthen oversight of surveillance applications under the Foreign Intelligence Surveillance Act (FISA) of 1978, ensuring that probable cause standards are met, particularly for U.S. persons, to prevent unauthorized spying on Americans.
Key Provisions
- Establishes a FISA Oversight Office within the Department of Justice:
- Evaluates every FISA surveillance application.
- For applications potentially lacking probable cause (probable cause means a reasonable belief, based on facts, that a crime has been or will be committed), the Office may join the case and file a motion challenging it.
- For U.S. persons, if probable cause is not clearly met, the Office must join and challenge.
- Requires federal agencies to share all evidence related to U.S. persons and notify the Office of every application.
- Mandates an annual report to Congress detailing challenged applications, subjects, information sought, and reasons for not challenging others.
- Mandates amicus curiae appointments by the FISA Court:
- The court must appoint a designated amicus curiae (a neutral advisor, like a "friend of the court," who provides independent input) for every FISA application, not just complex ones.
- Removes prior discretionary language and repeals exceptions.
Significant Changes to Existing Law
- Adds new Section 113 to FISA Title I, creating the Oversight Office—previously, no such dedicated evaluator existed.
- Converts FISA Court amicus curiae from optional (for novel or significant cases) to mandatory for all applications under Section 103(i), with technical updates to related paragraphs.
Potential Impacts
- Government agencies: Increases scrutiny on intelligence applications (e.g., FBI, DOJ), potentially delaying approvals and requiring more evidence sharing.
- Citizens: Provides stronger safeguards against improper surveillance of U.S. persons, promoting accountability in secret court proceedings.
- No direct impact on international relations noted.
Main Stakeholders
- U.S. persons potentially subject to surveillance (primary beneficiaries of protections).
- Intelligence and law enforcement agencies (e.g., DOJ, FBI) filing applications.
- FISA Court judges and amicus curiae participants.
- Congress (receives oversight reports from Attorney General and intelligence directors).
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces adversarial elements (motions, amicus) to traditionally ex parte (one-sided, government-only) FISA proceedings, reinforcing probable cause under the Fourth Amendment (protects against unreasonable searches).
- Constitutional: Enhances due process and checks on executive surveillance powers without altering core FISA authority.
- Political: Could spark debates on balancing national security efficiency with civil liberties; requires congressional reporting for transparency.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-02: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
- 2026-04-02: Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
- 2026-04-02: Introduced in House
- 2026-04-02: Introduced in House
Bill Versions
- Protecting Americans from Unauthorized Surveillance Act — issued 2026-04-02 — PDF (4 pages)