Surveillance State Repeal Act

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Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence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 acquisitions under FISA relating to a U.S. person, or acquisitions under Executive Order 12333 targeting a U.S. person, without a warrant based on probable cause.

Requires the Director of National Intelligence and the Department of Justice to destroy any information collected under the repealed Acts, or acquired under Executive Order 12333 without a warrant, if the information concerns a U.S. person that is not related to an investigation that is actively ongoing on the date of enactment of this Act.

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 Government Accountability Office (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 GAO, 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. Prohibits an officer or employee of an element of the intelligence community from taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov