Title: Protect Our Civil Liberties Act
Policy area: Armed Forces and National Security

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Information that concerns a U.S. person must be destroyed if it was previously collected under the laws repealed by the bill.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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8970 Introduced in House (IH)]

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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, 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Civil Liberties Act''.

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 actively ongoing on such date.

SEC. 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; 
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 enacted.
    (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).
    (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 ongoing on such date.

SEC. 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)) is amended--
            (1) by striking ``maximum of seven'' and inserting 
        ``maximum of ten''; and
            (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' 
                means an individual who has technological expertise in 
                the subject matter of a proceeding before a court 
                established pursuant to subsection (a) or (b).''.

SEC. 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)) is amended to read as follows:
                    ``(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;''.

SEC. 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.), 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 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.), 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. 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.

SEC. 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 et seq.).
    (b) Report.--The Comptroller General shall annually 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 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.) 
may submit a covered complaint--
            (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'' 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 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.

SEC. 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'' 
        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 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'' has the meaning given the term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).

SEC. 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.
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