Sponsor
Ted Lieu
Representative · D-CA
Representative · D-CA
The bill increases independent legal oversight and protections for people targeted by FISA surveillance—but at the likely cost of slower intelligence processes, higher DOJ litigation costs borne by taxpayers, and some statutory implementation uncertainty.
U.S. persons who are targets of FISA applications: a new, independent DOJ Office must review applications and can compulsorily challenge ones that do not clearly meet the probable-cause standard, increasing judicial and administrative checks on surveillance and protecting Fourth Amendment interests.
All parties affected by FISA orders and the public interest: court-appointed amici will systematically review FISA applications, providing independent legal scrutiny and standardizing how secret court decisions are evaluated, which can improve consistency and protect civil liberties.
Congress and taxpayers: the bill requires a report (within 365 days) describing how often the Office challenged applications and explaining the outcomes, improving transparency about oversight activity in national-security surveillance.
Federal investigators and national-security operations: mandatory DOJ review and routine appointment of amici create added procedural steps that could delay time-sensitive intelligence collection and legal processes.
Taxpayers and DOJ resources: increased DOJ participation in FISA litigation (additional reviews and challenges) will raise litigation costs and require more DOJ staffing and funding to fulfill the new duties.
Courts, agencies, and the public: removing the existing paragraph (7) may eliminate prior statutory flexibility or procedures for appointing amici, creating legal and implementation uncertainty about how the new amicus regime will operate.
Based on analysis of 3 sections of legislative text.
Creates a DOJ FISA Oversight Office that can review and challenge Title I applications and requires a court-appointed amicus for every FISA Title I application (timing limits apply).
Official title: To protect Americans from unauthorized surveillance.
Introduced April 2, 2026 by Ted Lieu · Last progress April 2, 2026
Creates new oversight steps for foreign-intelligence surveillance by adding a FISA Oversight Office inside the Department of Justice that can review and challenge Title I FISA applications and by requiring the FISA Court to appoint an amicus curiae for every application (subject to timing limits). The DOJ office must be given evidence and notice when applications are filed, can seek to join proceedings and move that probable-cause standards were not met (with mandatory intervention when the target is a U.S. person), and DOJ leadership must report to Congress on the office’s challenges and decisions within a year.