F:\M14\POCAN\POCAN_004.XML [∼113H2818] ..................................................................... (Original Signature of Member) H. R. ll 114TH CONGRESS 1ST SESSION To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. POCAN introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Surveillance State Re- 5 peal Act’’. 6 7 SEC. 2. REPEAL OF USA PATRIOT ACT. (a) REPEAL.—The USA PATRIOT Act (Public Law 8 107–56) is repealed, and the provisions of law amended f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 2 1 or repealed by such Act are restored or revived as if such 2 Act had not been enacted. 3 (b) DESTRUCTION OF CERTAIN INFORMATION.—The 4 Director of National Intelligence and the Attorney General 5 shall destroy any information collected under the USA 6 PATRIOT Act (Public Law 107-56) and the amendments 7 made by such Act, as in effect the day before the date 8 of the enactment of this Act, concerning a United States 9 person that is not related to an investigation that is ac10 tively ongoing on such date. 11 12 SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008. (a) REPEAL.—The FISA Amendments Act of 2008 13 (Public Law 110–261; 122 Stat. 2477) is repealed, and 14 the provisions of law amended or repealed by such Act 15 are restored or revived as if such Act had not been en16 acted. 17 (b) EXCEPTION.—Subsection (a) of this Act shall not 18 apply to sections 103 and 110 of the FISA Amendments 19 Act of 2008 (Public Law 110–261; 122 Stat. 2477). 20 (c) DESTRUCTION OF CERTAIN INFORMATION.—The 21 Director of National Intelligence and the Attorney General 22 shall destroy any information collected under section 702 23 of the Foreign Intelligence Surveillance Act of 1978 (50 24 U.S.C. 1881a), as in effect the day before the date of the 25 enactment of this Act, concerning a United States person f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 3 1 that is not related to an investigation that is actively ongo2 ing on such date. 3 SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE 4 SURVEILLANCE 5 SPECIAL MASTERS. 6 COURT; REAPPOINTMENT; (a) TERMS; REAPPOINTMENT.—Section 103(d) of the 7 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 8 1803(d)) is amended— 9 10 (1) by striking ‘‘maximum of seven’’ and inserting ‘‘maximum of ten’’; and 11 (2) by striking ‘‘and shall not be eligible for re- 12 designation’’. 13 (b) SPECIAL MASTERS.—Section 103(f) of such Act, 14 as amended by section 3 of this Act, is further amended 15 by adding at the end the following new paragraph: 16 ‘‘(4) SPECIAL MASTERS.— 17 ‘‘(A) The courts established pursuant to sub- 18 sections (a) and (b) may appoint one or more Spe- 19 cial Masters to advise the courts on technical issues 20 raised during proceedings before the courts. 21 ‘‘(B) In this paragraph, the term ‘Special Mas- 22 ter’ means an individual who has technological ex- 23 pertise in the subject matter of a proceeding before 24 a court established pursuant to subsection (a) or 25 (b).’’. f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 4 1 SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PER- 2 SONS WITHOUT REGARD TO SPECIFIC DE- 3 VICE. 4 Section 105(c)(2)(B) of the Foreign Intelligence Sur- 5 veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend6 ed to read as follows: 7 ‘‘(B) that, upon the request of the appli- 8 cant, any person or entity shall furnish the ap- 9 plicant forthwith all information, facilities, or 10 technical assistance necessary to accomplish the 11 electronic surveillance in such a manner as will 12 protect its secrecy and produce a minimum of 13 interference with the services that such carrier, 14 landlord, custodian, or other person is providing 15 that target of electronic surveillance;’’. 16 SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS 17 UNDER THE FOREIGN INTELLIGENCE SUR- 18 VEILLANCE ACT OF 1978. 19 (a) IN GENERAL.—Title VII of the Foreign Intel- 20 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 21 as amended by section 3 of this Act, is further amended 22 to read as follows: f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 5 ‘‘TITLE VII—ADDITIONAL PROVISIONS 1 2 3 4 ‘‘SEC. 701. WARRANT REQUIREMENT. ‘‘Notwithstanding any other provision of this Act, no 5 information relating to a United States person may be ac6 quired pursuant to this Act without a valid warrant based 7 on probable cause.’’. 8 (b) TABLE OF CONTENTS AMENDMENTS.—The table 9 of contents in the first section of the Foreign Intelligence 10 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 11 amended by section 3 of this Act, is further amended by 12 striking the items relating to title VII and section 701 and 13 inserting the following new items: ‘‘TITLE VII—ADDITIONAL PROVISIONS ‘‘701. Warrant requirement.’’. 14 SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELEC- 15 16 TRONIC DEVICES AND SOFTWARE. Notwithstanding any other provision of law, the Fed- 17 eral Government shall not mandate that the manufacturer 18 of an electronic device or software for an electronic device 19 build into such device or software a mechanism that allows 20 the Federal Government to bypass the encryption or pri21 vacy technology of such device or software. 22 23 SEC. 8. GAO COMPLIANCE EVALUATIONS. (a) IN GENERAL.—The Comptroller General of the 24 United States shall annually evaluate compliance by the f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 6 1 Federal Government with the provisions of the Foreign In2 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 3 seq.). 4 (b) REPORT.—The Comptroller General shall annu- 5 ally submit to Congress a report containing the results of 6 the evaluation conducted under subsection (a). 7 8 SEC. 9. WHISTLEBLOWER COMPLAINTS. (a) AUTHORIZATION TO REPORT COMPLAINTS OR 9 INFORMATION.—An employee of or contractor to an ele10 ment of the intelligence community that has knowledge of 11 the programs and activities authorized by the Foreign In12 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 13 seq.) may submit a covered complaint— 14 15 (1) to the Comptroller General of the United States; 16 17 (2) to the Permanent Select Committee on Intelligence of the House of Representatives; 18 19 (3) to the Select Committee on Intelligence of the Senate; or 20 (4) in accordance with the process established 21 under section 103H(k)(5) of the National Security 22 Act of 1947 (50 U.S.C. 3033(k)(5)). 23 (b) INVESTIGATIONS AND REPORTS TO CONGRESS.— 24 The Comptroller General shall investigate a covered com25 plaint submitted pursuant to subsection (b)(1) and shall f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 7 1 submit to Congress a report containing the results of the 2 investigation. 3 (c) COVERED COMPLAINT DEFINED.—In this sec- 4 tion, the term ‘‘covered complaint’’ means a complaint or 5 information concerning programs and activities authorized 6 by the Foreign Intelligence Surveillance Act of 1978 (50 7 U.S.C. 1801 et seq.) that an employee or contractor rea8 sonably believes is evidence of— 9 10 (1) a violation of any law, rule, or regulation; or 11 (2) gross mismanagement, a gross waste of 12 funds, an abuse of authority, or a substantial and 13 specific danger to public health or safety. 14 SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORT- 15 ING OF WASTE, FRAUD, ABUSE, OR CRIMINAL 16 BEHAVIOR. 17 (a) IN GENERAL.—Notwithstanding any other provi- 18 sion of law, no officer or employee of an element of the 19 intelligence community shall take any retaliatory action 20 against an employee of or contractor to an element of the 21 intelligence community who seeks to disclose or discloses 22 covered information to— 23 (1) the Comptroller General; 24 (2) the Permanent Select Committee on Intel- 25 ligence of the House of Representatives; f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 8 1 2 (3) the Select Committee on Intelligence of the Senate; or 3 (4) the Office of the Inspector General of the 4 Intelligence Community. 5 (b) ADMINISTRATIVE SANCTIONS.—An officer or em- 6 ployee of an element of the intelligence community who 7 violates subsection (a) shall be subject to administrative 8 sanctions, up to and including termination. 9 (c) DEFINITIONS.—In this section: 10 (1) COVERED term ‘‘cov- 11 ered information’’ means any information (including 12 classified or sensitive information) that an employee 13 or contractor reasonably believes is evidence of— 14 (A) a violation of any law, rule, or regula- 15 tion; or 16 (B) gross mismanagement, a gross waste 17 of funds, an abuse of authority, or a substantial 18 and specific danger to public health or safety. 19 (2) INTELLIGENCE COMMUNITY.—The term 20 ‘‘intelligence community’’ has the meaning given the 21 term in section 3 of the National Security Act of 22 1947 (50 U.S.C. 3003). f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 INFORMATION.—The 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM F:\M14\POCAN\POCAN_004.XML 9 1 SEC. 11. PROHIBITION OF TARGETING UNITED STATES 2 PERSONS UNDER EXECUTIVE ORDER 12333 3 WITHOUT A WARRANT. 4 (a) PROHIBITION ON TARGETING 5 STATES PERSONS WITHOUT A OF UNITED WARRANT.—Notwith- 6 standing any other provision of law, no United States per7 son may be the target of an acquisition under Executive 8 Order 12333 without a valid warrant based on probable 9 cause. 10 (b) AUDIT OF COMPLIANCE WITH PROHIBITION.— 11 (1) AUDIT.—The Comptroller General of the 12 United States shall annually conduct an audit of in- 13 telligence collection under Executive Order 12333 to 14 ensure compliance with the requirement under sub- 15 section (a). 16 (2) REPORT.—The Comptroller General shall 17 annually submit to Congress a report containing the 18 results of each audit conducted under paragraph (1). 19 (c) DESTRUCTION OF CERTAIN INFORMATION.—The 20 Director of National Intelligence and the Attorney General 21 shall destroy any information collected under Executive 22 Order 12333 without a valid warrant based on probable 23 cause concerning a United States person that is not re24 lated to an investigation that is actively ongoing on the 25 date of the enactment of this Act. f:\VHLC\031315\031315.168.xml March 13, 2015 (3:58 p.m.) VerDate 0ct 09 2002 15:58 Mar 13, 2015 Jkt 000000 (587051 5) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\POCAN_~1.XM