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 Infrastruc-
ture, and Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 ‘‘Surveillance State Re-
peal Act’’. 
SEC. 2. REPEAL OF USA PATRIOT ACT. 
The USA PATRIOT Act (Public Law 107–56) is re-
pealed, and the provisions of law amended or repealed by 
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such Act are restored or revived as if such Act had not 
been enacted. 
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(Public Law 110–261; 122 Stat. 2477) is repealed, and 
the provisions of law amended or repealed by such Act 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 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). 
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 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.— 
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‘‘(A) The courts established pursuant to sub-
sections (a) and (b) may appoint one or more Spe-
cial Masters to advise the courts on technical issues 
raised during proceedings before the courts. 
‘‘(B) In this paragraph, the term ‘Special Mas-
ter’ means an individual who has technological ex-
pertise in the subject matter of a proceeding 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;’’. 
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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.’’. 
SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELEC-
TRONIC DEVICES AND SOFTWARE. 
Notwithstanding any other provision of law, the Fed-
eral Government shall not mandate that the manufacturer 
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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. 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 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. 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-
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; 
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(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 
(2) gross mismanagement, a gross waste of 
funds, an abuse of authority, or a substantial and 
specific danger to public health or safety. 
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SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORT-
ING OF WASTE, FRAUD, ABUSE, OR CRIMINAL 
BEHAVIOR. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an officer or employee of an element of the 
intelligence community shall be subject to administrative 
sanctions, up to and including termination, for taking re-
taliatory action against an employee of or contractor to 
an element of the intelligence community who seeks to dis-
close 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) DEFINITIONS.—In this section: 
(1) COVERED INFORMATION.—The term ‘‘cov-
ered 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 regula-
tion; or 
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