H.R. 8178 — Protecting Americans from Unauthorized Surveillance Act

This section establishes the FISA Oversight Office within the Department of Justice (DOJ) to evaluate each application for an electronic surveillance warrant under Title I of the Foreign Intelligence Surveillance Act of 1978 (FISA). (As background, Title I authorizes the Foreign Intelligence Surveillance Court to approve warrants upon probable cause that the target is a foreign power or agent thereof and that the facilities are being used for foreign intelligence purposes.) The Office may petition to join a proceeding and move to deny an application if probable cause may not be met, and shall do so for applications targeting a U.S. person if probable cause has not been clearly met. The federal officer filing an application must provide the Office all available evidence pertaining to any U.S. person investigation and notify the Office of each filing. Not later than 365 days after enactment, the Attorney General and the Director must report to congressional committees (1) the number of applications challenged by the Office, including details on subjects and information sought; and (2) the number declined, with similar details and rationale.

This section requires the Foreign Intelligence Surveillance Court (FISC) established under FISA §103(a) and the court of review under §103(b) to appoint a designated amicus curiae to assist in the consideration of each application for an order or review under FISA title I (previously required only if the application raises a novel or significant legal question). It makes conforming changes to §§103(i)(4) and (6)(A) to eliminate conditional language and repeals §103(i)(7).