Protect Our Civil Liberties Act

To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and for other purposes. 1. Short title This Act may be cited as the Protect Our Civil Liberties Act 2. Repeal of USA Patriot Act and destruction of certain information (a) Repeal The USA PATRIOT Act ( Public Law 107–56 (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 3. Repeal of the FISA Amendments Act of 2008 and destruction of certain information (a) Repeal The FISA Amendments Act of 2008 ( Public Law 110–261 (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 (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 4. Increase term length of judges on Foreign Intelligence Surveillance Court; reappointment; appointment of special masters to advise courts (a) Terms; Reappointment Section 103(d) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(d) (1) by striking maximum of seven maximum of ten (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 . 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) (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; . 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 VII Additional provisions 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 TITLE VII—Additional Provisions 701. Warrant requirement. . 7. Prohibit government mandated “backdoors” into 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. 8. Mandate annual 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 (b) Report The Comptroller General shall annually submit to Congress a report containing the results of the evaluation conducted under subsection (a). 9. Prohibit retaliation for 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 (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 50 U.S.C. 1801 (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. 10. Prohibit 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 (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 50 U.S.C. 3003 11. Prohibit 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.

Summary: Protect Our Civil Liberties Act This bill limits government surveillance, including by repealing the USA PATRIOT Act and certain provisions of the FISA Amendments Act of 2008, and contains other intelligence-related provisions. Specifically, the bill repeals all provisions of the FISA Amendments Act of 2008 except for a provision requiring certain Department of Justice reports to Congress and another provision authorizing the acquisition of foreign intelligence from certain entities engaged in the proliferation of weapons of mass destruction. Information that concerns a U.S. person must be destroyed if it was previously collected under the laws repealed by the bill. The bill also prohibits the federal government from (1) acquiring information relating to a U.S. person by using certain foreign intelligence gathering authority without a warrant, (2) requiring electronics or software manufacturers to install a mechanism for the government to bypass encryption or privacy technology, or (3) retaliating against intelligence community whistleblowers. The bill also extends the terms of Foreign Intelligence Surveillance Court judges from 7 to 10 years and makes such judges eligible for reappointment. Such judges may also appoint special masters to advise the court on technical issues. The Government Accountability Office must annually evaluate the federal government's compliance with certain laws concerning the collection of foreign intelligence.