113th CONGRESS
1st Session
H. R. 2818
To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 24, 2013
Mr. Holt introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Select Committee on
Intelligence (Permanent Select), Financial Services, Foreign Affairs,
Energy and Commerce, Education and the Workforce, Transportation and
Infrastructure, and Armed Services, 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
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A BILL
To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surveillance State Repeal Act''.
SEC. 2. REPEAL OF USA PATRIOT ACT.
The USA PATRIOT Act (Public Law 107-56) is repealed, and the
provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008.
(a) Repeal.--The FISA Amendments Act of 2008 (Public Law 110-261;
122 Stat. 2477) is repealed, and the provisions of law amended or
repealed by such Act are restored or revived as if such Act had not
been enacted.
(b) Exception.--Subsection (a) of this Act shall not apply to
sections 103 and 110 of the FISA Amendments Act of 2008 (Public Law
110-261; 122 Stat. 2477).
SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE SURVEILLANCE COURT;
REAPPOINTMENT; SPECIAL MASTERS.
(a) Terms; Reappointment.--Section 103(d) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(d)) is amended--
(1) by striking ``maximum of seven'' and inserting
``maximum of ten''; and
(2) by striking ``and shall not be eligible for
redesignation''.
(b) Special Masters.--Section 103(f) of such Act, as amended by
section 3 of this Act, is further amended by adding at the end the
following new paragraph:
``(4) Special Masters.--
``(A) The courts established pursuant to subsections (a)
and (b) may appoint one or more Special Masters to advise the
courts on technical issues raised during proceedings before the
courts.
``(B) In this paragraph, the term `Special Master' means an
individual who has technological expertise in the subject
matter of a proceeding before a court established pursuant to
subsection (a) or (b).''.
SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PERSONS WITHOUT REGARD TO
SPECIFIC DEVICE.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended to read as follows:
``(B) that, upon the request of the applicant, any
person or entity shall furnish the applicant forthwith
all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in
such a manner as will protect its secrecy and produce a
minimum of interference with the services that such
carrier, landlord, custodian, or other person is
providing that target of electronic surveillance;''.
SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this
Act, is further amended to read as follows:
``TITLE VII--ADDITIONAL PROVISIONS
``SEC. 701. WARRANT REQUIREMENT.
``Notwithstanding any other provision of this Act, no information
relating to a United States person may be acquired pursuant to this Act
without a valid warrant based on probable cause.''.
(b) Table of Contents Amendments.--The table of contents in the
first section of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further
amended by striking the items relating to title VII and section 701 and
inserting the following new items:
``TITLE VII--ADDITIONAL PROVISIONS
``701. Warrant requirement.''.
SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELECTRONIC DEVICES AND
SOFTWARE.
Notwithstanding any other provision of law, the Federal Government
shall not mandate that the manufacturer of an electronic device or
software for an electronic device build into such device or software a
mechanism that allows the Federal Government to bypass the encryption
or privacy technology of such device or software.
SEC. 8. GAO COMPLIANCE EVALUATIONS.
(a) In General.--The Comptroller General of the United States shall
annually evaluate compliance by the Federal Government with the
provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(b) Report.--The Comptroller General shall annually submit to
Congress a report containing the results of the evaluation conducted
under subsection (a).
SEC. 9. WHISTLEBLOWER COMPLAINTS.
(a) Authorization To Report Complaints or Information.--An employee
of or contractor to an element of the intelligence community that has
knowledge of the programs and activities authorized by the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may
submit a covered complaint--
(1) to the Comptroller General of the United States;
(2) to the Permanent Select Committee on Intelligence of
the House of Representatives;
(3) to the Select Committee on Intelligence of the Senate;
or
(4) in accordance with the process established under
section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)).
(b) Investigations and Reports to Congress.--The Comptroller
General shall investigate a covered complaint submitted pursuant to
subsection (b)(1) and shall submit to Congress a report containing the
results of the investigation.
(c) Covered Complaint Defined.--In this section, the term ``covered
complaint'' means a complaint or information concerning programs and
activities authorized by the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) that an employee or contractor reasonably
believes is evidence of--
(1) a violation of any law, rule, or regulation; or
(2) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORTING OF WASTE, FRAUD,
ABUSE, OR CRIMINAL BEHAVIOR.
(a) In General.--Notwithstanding any other provision of law, an
officer or employee of an element of the intelligence community shall
be subject to administrative sanctions, up to and including
termination, for taking retaliatory action against an employee of or
contractor to an element of the intelligence community who seeks to
disclose or discloses covered information to--
(1) the Comptroller General;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives;
(3) the Select Committee on Intelligence of the Senate; or
(4) the Office of the Inspector General of the Intelligence
Community.
(b) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means any information (including classified or sensitive
information) that an employee or contractor reasonably believes
is evidence of--
(A) a violation of any law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
