I 
116TH CONGRESS 
2D SESSION 
H. R. 8970 
To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2020 
Ms. GABBARD (for herself and Mr. MASSIE) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Intelligence (Permanent Select), Financial Services, 
Foreign Affairs, Energy and Commerce, Education and Labor, Transpor-
tation and Infrastructure, and Armed Services, for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect Our Civil Lib-
erties Act’’. 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. REPEAL OF USA PATRIOT ACT AND DESTRUCTION 
OF CERTAIN INFORMATION. 
(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107–56) is repealed, and the provisions of law amended 
or repealed by such Act are restored or revived as if such 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 ac-
tively ongoing on such date. 
SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008 
AND DESTRUCTION OF CERTAIN INFORMA-
TION. 
(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(Public Law 110–261; 122 Stat. 2477) is repealed, and 
the provisions of law amended or repealed by such Act 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 en-
acted. 
(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). 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
(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 ongo-
ing on such date. 
SEC. 4. INCREASE TERM LENGTH OF JUDGES ON FOREIGN 
INTELLIGENCE SURVEILLANCE COURT; RE-
APPOINTMENT; 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)) is amended— 
(1) by striking ‘‘maximum of seven’’ and insert-
ing ‘‘maximum of ten’’; and 
(2) by striking ‘‘and shall not be eligible for re-
designation’’. 
(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 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
more Special Masters to advise the courts on 
technical issues raised during proceedings be-
fore the courts. 
‘‘(B) In this paragraph, the term ‘Special 
Master’ means an individual who has techno-
logical expertise in the subject matter of a pro-
ceeding before a court established pursuant to 
subsection (a) or (b).’’. 
SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PER-
SONS WITHOUT REGARD TO SPECIFIC DE-
VICE. 
Section 105(c)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend-
ed to read as follows: 
‘‘(B) that, upon the request of the appli-
cant, any person or entity shall furnish the ap-
plicant 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;’’. 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 
6. 
ADDITIONAL 
PROVISIONS 
FOR 
COLLECTIONS 
UNDER THE FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978. 
(a) IN GENERAL.—Title VII of the Foreign Intel-
ligence 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 ac-
quired 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.’’. 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 7. PROHIBIT GOVERNMENT MANDATED ‘‘BACKDOORS’’ 
INTO 
ENCRYPTION 
AND 
PRIVACY 
TECH-
NOLOGY 
OF 
ELECTRONIC 
DEVICES 
AND 
SOFTWARE. 
Notwithstanding any other provision of law, the Fed-
eral 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 pri-
vacy technology of such device or software. 
SEC. 8. MANDATE ANNUAL GAO COMPLIANCE EVALUA-
TIONS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall annually evaluate compliance by the 
Federal Government with the provisions of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.). 
(b) REPORT.—The Comptroller General shall annu-
ally submit to Congress a report containing the results of 
the evaluation conducted under subsection (a). 
SEC. 9. PROHIBIT RETALIATION FOR WHISTLEBLOWER 
COMPLAINTS. 
(a) AUTHORIZATION TO REPORT COMPLAINTS OR 
INFORMATION.—An employee of or contractor to an ele-
ment of the intelligence community that has knowledge of 
the programs and activities authorized by the Foreign In-
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
telligence 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 In-
telligence 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 com-
plaint 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 sec-
tion, 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 rea-
sonably believes is evidence of — 
(1) a violation of any law, rule, or regulation; 
or 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS
(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. PROHIBIT INTERFERENCE WITH REPORTING OF 
WASTE, FRAUD, ABUSE, OR CRIMINAL BEHAV-
IOR. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Intel-
ligence 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 em-
ployee 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: 
VerDate Sep 11 2014 
22:23 Jan 15, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8970.IH
H8970
pamtmann on DSKBC07HB2PROD with BILLS