Surveillance State Repeal Act

Summary: Surveillance State Repeal Act Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation.  Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings. Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance).  Prohibits acquisitions under FISA relating to a U.S. person, or acquisitions under Executive Order 12333 targeting a U.S. person, without a warrant based on probable cause. Requires the Director of National Intelligence and the Department of Justice to destroy any information collected under the repealed Acts, or acquired under Executive Order 12333 without a warrant, if the information concerns a U.S. person that is not related to an investigation that is actively ongoing on the date of enactment of this Act. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology.  Directs the Government Accountability Office (GAO) to report annually on the federal government's compliance with FISA. Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the GAO, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a &quot;covered complaint&quot; as a complaint or information concerning FISA-authorized programs and activities 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. Prohibits an officer or employee of an element of the intelligence community from taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surveillance State Repeal Act''.

SEC. 2. REPEAL OF USA PATRIOT ACT.

    (a) Repeal.--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.
    (b) Destruction of Certain Information.--The Director of National 
Intelligence and the Attorney General shall destroy any information 
collected under the USA PATRIOT Act (Public Law 107-56) and the 
amendments made by such Act, as in effect the day before the date of 
the enactment of this Act, concerning a United States person that is 
not related to an investigation that is actively ongoing on such date.

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).
    (c) Destruction of Certain Information.--The Director of National 
Intelligence and the Attorney General shall destroy any information 
collected under section 702 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a), as in effect the day before the date of 
the enactment of this Act, concerning a United States person that is 
not related to an investigation that is actively ongoing on such date.

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, no 
officer or employee of an element of the intelligence community shall 
take any 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) Administrative Sanctions.--An officer or employee of an element 
of the intelligence community who violates subsection (a) shall be 
subject to administrative sanctions, up to and including termination.
    (c) 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).

SEC. 11. PROHIBITION OF TARGETING UNITED STATES PERSONS UNDER EXECUTIVE 
              ORDER 12333 WITHOUT A WARRANT.

    (a) Prohibition on Targeting of United States Persons Without a 
Warrant.--Notwithstanding any other provision of law, no United States 
person may be the target of an acquisition under Executive Order 12333 
without a valid warrant based on probable cause.
    (b) Audit of Compliance With Prohibition.--
            (1) Audit.--The Comptroller General of the United States 
        shall annually conduct an audit of intelligence collection 
        under Executive Order 12333 to ensure compliance with the 
        requirement under subsection (a).
            (2) Report.--The Comptroller General shall annually submit 
        to Congress a report containing the results of each audit 
        conducted under paragraph (1).
    (c) Destruction of Certain Information.--The Director of National 
Intelligence and the Attorney General shall destroy any information 
collected under Executive Order 12333 without a valid warrant based on 
probable cause concerning a United States person that is not related to 
an investigation that is actively ongoing on the date of the enactment 
of this Act.