Protecting Americans from Undue Surveillance Act of 2024

Title I of the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following:

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) excepted 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.

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).

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.

The table of contents for such Act is amended by inserting after the item pertaining to section 112 the following: