H.R.2818 - Surveillance State Repeal Act113th Congress (2013-2014)
Summary: H.R.2818 — 113th Congress (2013-2014)
Introduced in House (07/24/2013)
Surveillance State Repeal Act - Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction.
Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation.
Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings.
Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance).
Prohibits information relating to a U.S. person from being acquired pursuant to FISA without a valid warrant based on probable cause.
Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology.
Directs the Comptroller General (GAO) to report annually on the federal government's compliance with FISA.
Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the Comptroller General, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a "covered complaint" as a complaint or information concerning FISA-authorized programs and activities 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. Subjects an officer or employee of an element of the intelligence community to administrative sanctions, including termination, for taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information.