Protect Our Civil Liberties Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Our Civil Lib- 4 erties Act’’. 5 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 2 •HR 8970 IH SEC. 2. REPEAL OF USA PATRIOT ACT AND DESTRUCTION 1 OF CERTAIN INFORMATION. 2 (a) REPEAL.—The USA PATRIOT Act (Public Law 3 107–56) is repealed, and the provisions of law amended 4 or repealed by such Act are restored or revived as if such 5 Act had not been enacted. 6 (b) DESTRUCTION OF CERTAIN INFORMATION.—The 7 Director of National Intelligence and the Attorney General 8 shall destroy any information collected under the USA 9 PATRIOT Act (Public Law 107–56) and the amendments 10 made by such Act, as in effect the day before the date 11 of the enactment of this Act, concerning a United States 12 person that is not related to an investigation that is ac- 13 tively ongoing on such date. 14 SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008 15 AND DESTRUCTION OF CERTAIN INFORMA- 16 TION. 17 (a) REPEAL.—The FISA Amendments Act of 2008 18 (Public Law 110–261; 122 Stat. 2477) is repealed, and 19 the provisions of law amended or repealed by such Act 20 are restored or revived as if such Act had not been en- 21 acted. 22 (b) EXCEPTION.—Subsection (a) of this Act shall not 23 apply to sections 103 and 110 of the FISA Amendments 24 Act of 2008 (Public Law 110–261; 122 Stat. 2477). 25 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 3 •HR 8970 IH (c) DESTRUCTION OF CERTAIN INFORMATION.—The 1 Director of National Intelligence and the Attorney General 2 shall destroy any information collected under section 702 3 of the Foreign Intelligence Surveillance Act of 1978 (50 4 U.S.C. 1881a), as in effect the day before the date of the 5 enactment of this Act, concerning a United States person 6 that is not related to an investigation that is actively ongo- 7 ing on such date. 8 SEC. 4. INCREASE TERM LENGTH OF JUDGES ON FOREIGN 9 INTELLIGENCE SURVEILLANCE COURT; RE- 10 APPOINTMENT; APPOINTMENT OF SPECIAL 11 MASTERS TO ADVISE COURTS. 12 (a) TERMS; REAPPOINTMENT.—Section 103(d) of the 13 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 14 1803(d)) is amended— 15 (1) by striking ‘‘maximum of seven’’ and insert- 16 ing ‘‘maximum of ten’’; and 17 (2) by striking ‘‘and shall not be eligible for re- 18 designation’’. 19 (b) SPECIAL MASTERS.—Section 103(f) of such Act, 20 as amended by section 3 of this Act, is further amended 21 by adding at the end the following new paragraph: 22 ‘‘(4) SPECIAL MASTERS.— 23 ‘‘(A) The courts established pursuant to 24 subsections (a) and (b) may appoint one or 25 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 4 •HR 8970 IH more Special Masters to advise the courts on 1 technical issues raised during proceedings be- 2 fore the courts. 3 ‘‘(B) In this paragraph, the term ‘Special 4 Master’ means an individual who has techno- 5 logical expertise in the subject matter of a pro- 6 ceeding before a court established pursuant to 7 subsection (a) or (b).’’. 8 SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PER- 9 SONS WITHOUT REGARD TO SPECIFIC DE- 10 VICE. 11 Section 105(c)(2)(B) of the Foreign Intelligence Sur- 12 veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amend- 13 ed to read as follows: 14 ‘‘(B) that, upon the request of the appli- 15 cant, any person or entity shall furnish the ap- 16 plicant forthwith all information, facilities, or 17 technical assistance necessary to accomplish the 18 electronic surveillance in such a manner as will 19 protect its secrecy and produce a minimum of 20 interference with the services that such carrier, 21 landlord, custodian, or other person is providing 22 that target of electronic surveillance;’’. 23 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 5 •HR 8970 IH SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS 1 UNDER THE FOREIGN INTELLIGENCE SUR- 2 VEILLANCE ACT OF 1978. 3 (a) IN GENERAL.—Title VII of the Foreign Intel- 4 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 5 as amended by section 3 of this Act, is further amended 6 to read as follows: 7 ‘‘TITLE VII—ADDITIONAL 8 PROVISIONS 9 ‘‘SEC. 701. WARRANT REQUIREMENT. 10 ‘‘Notwithstanding any other provision of this Act, no 11 information relating to a United States person may be ac- 12 quired pursuant to this Act without a valid warrant based 13 on probable cause.’’. 14 (b) TABLE OF CONTENTS AMENDMENTS.—The table 15 of contents in the first section of the Foreign Intelligence 16 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 17 amended by section 3 of this Act, is further amended by 18 striking the items relating to title VII and section 701 and 19 inserting the following new items: 20 ‘‘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 6 •HR 8970 IH SEC. 7. PROHIBIT GOVERNMENT MANDATED ‘‘BACKDOORS’’ 1 INTO ENCRYPTION AND PRIVACY TECH- 2 NOLOGY OF ELECTRONIC DEVICES AND 3 SOFTWARE. 4 Notwithstanding any other provision of law, the Fed- 5 eral Government shall not mandate that the manufacturer 6 of an electronic device or software for an electronic device 7 build into such device or software a mechanism that allows 8 the Federal Government to bypass the encryption or pri- 9 vacy technology of such device or software. 10 SEC. 8. MANDATE ANNUAL GAO COMPLIANCE EVALUA- 11 TIONS. 12 (a) IN GENERAL.—The Comptroller General of the 13 United States shall annually evaluate compliance by the 14 Federal Government with the provisions of the Foreign In- 15 telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 16 seq.). 17 (b) REPORT.—The Comptroller General shall annu- 18 ally submit to Congress a report containing the results of 19 the evaluation conducted under subsection (a). 20 SEC. 9. PROHIBIT RETALIATION FOR WHISTLEBLOWER 21 COMPLAINTS. 22 (a) AUTHORIZATION TO REPORT COMPLAINTS OR 23 INFORMATION.—An employee of or contractor to an ele- 24 ment of the intelligence community that has knowledge of 25 the programs and activities authorized by the Foreign In- 26 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 7 •HR 8970 IH telligence Surveillance Act of 1978 (50 U.S.C. 1801 et 1 seq.) may submit a covered complaint— 2 (1) to the Comptroller General of the United 3 States; 4 (2) to the Permanent Select Committee on In- 5 telligence of the House of Representatives; 6 (3) to the Select Committee on Intelligence of 7 the Senate; or 8 (4) in accordance with the process established 9 under section 103H(k)(5) of the National Security 10 Act of 1947 (50 U.S.C. 3033(k)(5)). 11 (b) INVESTIGATIONS AND REPORTS TO CONGRESS.— 12 The Comptroller General shall investigate a covered com- 13 plaint submitted pursuant to subsection (b)(1) and shall 14 submit to Congress a report containing the results of the 15 investigation. 16 (c) COVERED COMPLAINT DEFINED.—In this sec- 17 tion, the term ‘‘covered complaint’’ means a complaint or 18 information concerning programs and activities authorized 19 by the Foreign Intelligence Surveillance Act of 1978 (50 20 U.S.C. 1801 et seq.) that an employee or contractor rea- 21 sonably believes is evidence of — 22 (1) a violation of any law, rule, or regulation; 23 or 24 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 8 •HR 8970 IH (2) gross mismanagement, a gross waste of 1 funds, an abuse of authority, or a substantial and 2 specific danger to public health or safety. 3 SEC. 10. PROHIBIT INTERFERENCE WITH REPORTING OF 4 WASTE, FRAUD, ABUSE, OR CRIMINAL BEHAV- 5 IOR. 6 (a) IN GENERAL.—Notwithstanding any other provi- 7 sion of law, no officer or employee of an element of the 8 intelligence community shall take any retaliatory action 9 against an employee of or contractor to an element of the 10 intelligence community who seeks to disclose or discloses 11 covered information to— 12 (1) the Comptroller General; 13 (2) the Permanent Select Committee on Intel- 14 ligence of the House of Representatives; 15 (3) the Select Committee on Intelligence of the 16 Senate; or 17 (4) the Office of the Inspector General of the 18 Intelligence Community. 19 (b) ADMINISTRATIVE SANCTIONS.—An officer or em- 20 ployee of an element of the intelligence community who 21 violates subsection (a) shall be subject to administrative 22 sanctions, up to and including termination. 23 (c) DEFINITIONS.—In this section: 24 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 9 •HR 8970 IH (1) COVERED INFORMATION.—The term ‘‘cov- 1 ered information’’ means any information (including 2 classified or sensitive information) that an employee 3 or contractor reasonably believes is evidence of— 4 (A) a violation of any law, rule, or regula- 5 tion; or 6 (B) gross mismanagement, a gross waste 7 of funds, an abuse of authority, or a substantial 8 and specific danger to public health or safety. 9 (2) INTELLIGENCE COMMUNITY.—The term 10 ‘‘intelligence community’’ has the meaning given the 11 term in section 3 of the National Security Act of 12 1947 (50 U.S.C. 3003). 13 SEC. 11. PROHIBIT TARGETING UNITED STATES PERSONS 14 UNDER EXECUTIVE ORDER 12333 WITHOUT A 15 WARRANT. 16 (a) PROHIBITION ON TARGETING OF UNITED 17 STATES PERSONS WITHOUT A WARRANT.—Notwith- 18 standing any other provision of law, no United States per- 19 son may be the target of an acquisition under Executive 20 Order 12333 without a valid warrant based on probable 21 cause. 22 (b) AUDIT OF COMPLIANCE WITH PROHIBITION.— 23 (1) AUDIT.—The Comptroller General of the 24 United States shall annually conduct an audit of in- 25 VerDate Sep 11 2014 22:23 Jan 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8970.IH H8970 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8970 IH telligence collection under Executive Order 12333 to 1 ensure compliance with the requirement under sub- 2 section (a). 3 (2) REPORT.—The Comptroller General shall 4 annually submit to Congress a report containing the 5 results of each audit conducted under paragraph (1). 6 (c) DESTRUCTION OF CERTAIN INFORMATION.—The 7 Director of National Intelligence and the Attorney General 8 shall destroy any information collected under Executive 9 Order 12333 without a valid warrant based on probable 10 cause concerning a United States person that is not re- 11 lated to an investigation that is actively ongoing on the 12 date of the enactment of this Act. 13 Æ VerDate Sep 11 2014 22:23 Jan 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H8970.IH H8970 pamtmann on DSKBC07HB2PROD with BILLS