I 

113TH CONGRESS 

1ST SESSION H. R. 2818 

To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, 

and for other purposes. 

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 

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 Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surveillance State Re5 peal Act’’. 

6 SEC. 2. REPEAL OF USA PATRIOT ACT. 

7 The USA PATRIOT Act (Public Law 107–56) is re8 pealed, and the provisions of law amended or repealed by 


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1 such Act are restored or revived as if such Act had not 

2 been enacted. 

3 SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008. 

4 (a) REPEAL.—The FISA Amendments Act of 2008 

5 (Public Law 110–261; 122 Stat. 2477) is repealed, and 

6 the provisions of law amended or repealed by such Act 

7 are restored or revived as if such Act had not been en8 acted. 

9 (b) EXCEPTION.—Subsection (a) of this Act shall not 

10 apply to sections 103 and 110 of the FISA Amendments 

11 Act of 2008 (Public Law 110–261; 122 Stat. 2477). 

12 SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE 

13 SURVEILLANCE COURT; REAPPOINTMENT; 

14 SPECIAL MASTERS. 

15 (a) TERMS; REAPPOINTMENT.—Section 103(d) of the 

16 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

17 1803(d)) is amended— 

18 (1) by striking ‘‘maximum of seven’’ and insert19 ing ‘‘maximum of ten’’; and 

20 (2) by striking ‘‘and shall not be eligible for re21 designation’’. 

22 (b) SPECIAL MASTERS.—Section 103(f) of such Act, 

23 as amended by section 3 of this Act, is further amended 

24 by adding at the end the following new paragraph: 

25 ‘‘(4) SPECIAL MASTERS.— 


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1 ‘‘(A) The courts established pursuant to sub2 sections (a) and (b) may appoint one or more Spe3 cial Masters to advise the courts on technical issues 

4 raised during proceedings before the courts. 

5 ‘‘(B) In this paragraph, the term ‘Special Mas6 ter’ means an individual who has technological ex7 pertise in the subject matter of a proceeding before 

8 a court established pursuant to subsection (a) or 

9 (b).’’. 

10 SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PER11 SONS WITHOUT REGARD TO SPECIFIC DE12 VICE. 

13 Section 105(c)(2)(B) of the Foreign Intelligence Sur14 veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend15 ed to read as follows: 

16 ‘‘(B) that, upon the request of the appli17 cant, any person or entity shall furnish the ap18 plicant forthwith all information, facilities, or 

19 technical assistance necessary to accomplish the 

20 electronic surveillance in such a manner as will 

21 protect its secrecy and produce a minimum of 

22 interference with the services that such carrier, 

23 landlord, custodian, or other person is providing 

24 that target of electronic surveillance;’’. 


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1 SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS 

2 UNDER THE FOREIGN INTELLIGENCE SUR3 VEILLANCE ACT OF 1978. 

4 (a) IN GENERAL.—Title VII of the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

6 as amended by section 3 of this Act, is further amended 

7 to read as follows: 

8 ‘‘TITLE VII—ADDITIONAL 

9 PROVISIONS 

10 ‘‘SEC. 701. WARRANT REQUIREMENT. 

11 ‘‘Notwithstanding any other provision of this Act, no 

12 information relating to a United States person may be ac13 quired pursuant to this Act without a valid warrant based 

14 on probable cause.’’. 

15 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

16 of contents in the first section of the Foreign Intelligence 

17 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 

18 amended by section 3 of this Act, is further amended by 

19 striking the items relating to title VII and section 701 and 

20 inserting the following new items: 

‘‘TITLE VII—ADDITIONAL PROVISIONS 

‘‘701. Warrant requirement.’’. 

21 SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELEC22 TRONIC DEVICES AND SOFTWARE. 

23 Notwithstanding any other provision of law, the Fed24 eral Government shall not mandate that the manufacturer 


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1 of an electronic device or software for an electronic device 

2 build into such device or software a mechanism that allows 

3 the Federal Government to bypass the encryption or pri4 vacy technology of such device or software. 

5 SEC. 8. GAO COMPLIANCE EVALUATIONS. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall annually evaluate compliance by the 

8 Federal Government with the provisions of the Foreign In9 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

10 seq.). 

11 (b) REPORT.—The Comptroller General shall annu12 ally submit to Congress a report containing the results of 

13 the evaluation conducted under subsection (a). 

14 SEC. 9. WHISTLEBLOWER COMPLAINTS. 

15 (a) AUTHORIZATION TO REPORT COMPLAINTS OR

16 INFORMATION.—An employee of or contractor to an ele17 ment of the intelligence community that has knowledge of 

18 the programs and activities authorized by the Foreign In19 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

20 seq.) may submit a covered complaint— 

21 (1) to the Comptroller General of the United 

22 States; 

23 (2) to the Permanent Select Committee on In24 telligence of the House of Representatives; 


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1 (3) to the Select Committee on Intelligence of 

2 the Senate; or 

3 (4) in accordance with the process established 

4 under section 103H(k)(5) of the National Security 

5 Act of 1947 (50 U.S.C. 3033(k)(5)). 

6 (b) INVESTIGATIONS AND REPORTS TO CONGRESS.— 

7 The Comptroller General shall investigate a covered com8 plaint submitted pursuant to subsection (b)(1) and shall 

9 submit to Congress a report containing the results of the 

10 investigation. 

11 (c) COVERED COMPLAINT DEFINED.—In this sec12 tion, the term ‘‘covered complaint’’ means a complaint or 

13 information concerning programs and activities authorized 

14 by the Foreign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1801 et seq.) that an employee or contractor rea16 sonably believes is evidence of— 

17 (1) a violation of any law, rule, or regulation; 

18 or 

19 (2) gross mismanagement, a gross waste of 

20 funds, an abuse of authority, or a substantial and 

21 specific danger to public health or safety. 


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1 SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORT2 ING OF WASTE, FRAUD, ABUSE, OR CRIMINAL 

3 BEHAVIOR. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, an officer or employee of an element of the 

6 intelligence community shall be subject to administrative 

7 sanctions, up to and including termination, for taking re8 taliatory action against an employee of or contractor to 

9 an element of the intelligence community who seeks to dis10 close or discloses covered information to— 

11 (1) the Comptroller General; 

12 (2) the Permanent Select Committee on Intel13 ligence of the House of Representatives; 

14 (3) the Select Committee on Intelligence of the 

15 Senate; or 

16 (4) the Office of the Inspector General of the 

17 Intelligence Community. 

18 (b) DEFINITIONS.—In this section: 

19 (1) COVERED INFORMATION.—The term ‘‘cov20 ered information’’ means any information (including 

21 classified or sensitive information) that an employee 

22 or contractor reasonably believes is evidence of— 

23 (A) a violation of any law, rule, or regula24 tion; or 


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1 (B) gross mismanagement, a gross waste 

2 of funds, an abuse of authority, or a substantial 

3 and specific danger to public health or safety. 

4 (2) INTELLIGENCE COMMUNITY.—The term 

5 ‘‘intelligence community’’ has the meaning given the 

6 term in section 3 of the National Security Act of 

7 1947 (50 U.S.C. 3003). 

Æ 


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