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Information that concerns a U.S. person must be destroyed if it was previously collected under the laws repealed by the bill.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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
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.
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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.
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.
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.