Surveillance State Repeal 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 Surveillance State Repeal Act 2. Repeal of USA PATRIOT Act (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 (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. 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) (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 et seq. 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 et seq. TITLE VII—ADDITIONAL PROVISIONS 701. Warrant requirement. . 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. 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). 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. (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 et seq. (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. 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 (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. 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.

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 "covered complaint" 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.