HR 2818 · 113th Congress 2013–2015, ended

Surveillance State Repeal Act

Latest action · Sep 13, 2013 Referred to the Subcommittee on Workforce Protections.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 24, 2013
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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- Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence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.

Cosponsors 10

Members who signed on, in the order they did. Signatures ran from Oct 10, 2013 to Feb 26, 2014.

SeatCosponsorSigned on
D-CABarbara LeeOct 10, 2013
D-MAJames P. McGovernOct 10, 2013
D-TXLloyd DoggettOct 10, 2013
D-MARichard E. NealOct 10, 2013
D-MAJohn F. TierneyOct 16, 2013
D-MNBetty McCollumOct 23, 2013
D-AZRaúl M. GrijalvaNov 19, 2013
D-OREarl BlumenauerNov 21, 2013
D-ORPeter A. DeFazioDec 3, 2013
D-WIMark PocanFeb 26, 2014

Committees 8

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jul 24, 2013
Crime and Federal Government Surveillance Subcommittee
Referred Sep 13, 2013
HouseIntelligence (Permanent Select) Committee
Referred Jul 24, 2013
HouseFinancial Services Committee
Referred Jul 24, 2013
HouseForeign Affairs Committee
Referred Jul 24, 2013
HouseEnergy and Commerce Committee
Referred Jul 24, 2013
Communications and Technology Subcommittee
Referred Jul 26, 2013
HouseEducation and Workforce Committee
Referred Jul 24, 2013
Workforce Protections Subcommittee
Referred Sep 13, 2013
HouseTransportation and Infrastructure Committee
Referred Jul 24, 2013
Aviation Subcommittee
Referred Jul 25, 2013
Highways and Transit Subcommittee
Referred Jul 25, 2013
Railroads, Pipelines, and Hazardous Materials Subcommittee
Referred Jul 25, 2013
HouseArmed Services Committee
Referred Jul 24, 2013

Actions 8

Everything that happened, newest first.

  1. Sep 13, 2013Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  2. Sep 13, 2013Referred to the Subcommittee on Workforce Protections.
  3. Jul 26, 2013Referred to the Subcommittee on Communications and Technology.
  4. Jul 25, 2013Referred to the Subcommittee on Aviation.
  5. Jul 25, 2013Referred to the Subcommittee on Highways and Transit.
  6. Jul 25, 2013Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
  7. Jul 24, 2013Introduced in House
  8. Jul 24, 2013Referred 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 the Workforce, 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.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

[Pages H7252-H7253] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. JOHNSON of Ohio: H.R. 3542. Congress has the power to enact this legislation pursuant to the following: According to Article I, Section 8, Clause 3 of the Constitution: The Congress shall have power to enact this legislation to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. ADDITIONAL SPONSORS Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 120: Ms. Edwards. H.R. 259: Mr. Kingston. H.R. 270: Mr. Ellison and Mr. Honda. H.R. 274: Mr. Keating. H.R. 351: Mr. McKeon. H.R. 543: Mr. Bishop of New York. H.R. 647: Mr. Mulvaney, Mr. Austin Scott of Georgia, Mr. Collins of Georgia, and Ms. Jackson Lee. H.R. 669: Mrs. Christensen. H.R. 676: Ms. McCollum. H.R. 685: Mr. Vela, Mr. Messer, Mr. Duncan of Tennessee, and Mrs. McMorris Rodgers. H.R. 713: Mr. Gibbs, Mrs. Wagner, Mr. LaMalfa, and Mr. Honda. H.R. 715: Mr. McNerney and Mr. Perlmutter. H.R. 809: Mr. Fincher. H.R. 919: Mr. Ryan of Ohio. H.R. 997: Mr. Latham and Mrs. Miller of Michigan. H.R. 1020: Ms. Foxx. H.R. 1024: Mr. Barrow of Georgia. H.R. 1124: Mrs. Beatty. H.R. 1179: Mr. Cohen and Mrs. Christensen. H.R. 1199: Mr. Garcia. H.R. 1209: Mr. Gibbs, Mr. Graves of Georgia, Mr. Pittenger, Mr. Ben Ray Lujan of New Mexico, Mr. King of New York, and Ms. Fudge. H.R. 1248: Mr. Bachus. H.R. 1310: Mr. Lamborn. H.R. 1339: Mr. Lipinski and Mrs. Capito. H.R. 1428: Mr. Price of North Carolina. H.R. 1429: Mr. Bishop of New York. H.R. 1449: Mr. Ross, Mr. Diaz-Balart, Mrs. Lummis, and Mr. Southerland. H.R. 1461: Mr. Hunter and Mr. Nugent. H.R. 1518: Mr. Rodney Davis of Illinois, Mr. Crenshaw, and Mr. Bilirakis. H.R. 1563: Ms. Frankel of Florida, Ms. Wasserman Schultz, and Mr. Graves of Missouri. H.R. 1601: Mr. Cartwright. H.R. 1616: Mr. Gibson. H.R. 1666: Ms. Michelle Lujan Grisham of New Mexico, Mr. Lipinski, and Ms. Eshoo. H.R. 1717: Mr. David Scott of Georgia and Ms. Kuster. H.R. 1726: Ms. Frankel of Florida. H.R. 1761: Mr. Roe of Tennessee. H.R. 1779: Mr. Peterson. H.R. 1830: Ms. Esty. H.R. 1851: Ms. Kuster and Mr. Horsford. H.R. 1852: Mr. Ross, Mr. Diaz-Balart, Mrs. Lummis, Mr. Labrador, and Ms. Brownley of California. H.R. 1869: Mr. Wittman. H.R. 1878: Ms. Frankel of Florida. H.R. 1920: Mr. Rigell. H.R. 1985: Mr. Goodlatte. H.R. 1992: Mr. Kinzinger of Illinois and Mr. Sires. H.R. 2027: Mr. Cassidy. H.R. 2028: Mr. Tierney. H.R. 2144: Mr. Duncan of South Carolina. H.R. 2305: Mr. Thompson of Pennsylvania. H.R. 2385: Mrs. Wagner. H.R. 2446: Mrs. Wagner. H.R. 2553: Ms. Moore, Ms. Schwartz, Ms. Titus, and Mr. George Miller of California. H.R. 2560: Mr. Rangel. H.R. 2607: Mrs. Carolyn B. Maloney of New York, Mr. Israel, and Mr. Pocan. H.R. 2619: Mr. Lowenthal. H.R. 2663: Mr. Ross. H.R. 2697: Mr. Bishop of New York, Ms. Kuster, and Mr. Johnson of Georgia. H.R. 2703: Mr. Doyle. H.R. 2725: Mr. Tiberi, Mr. Stutzman, and Ms. Wasserman Schultz. H.R. 2785: Mr. Renacci. H.R. 2791: Mr. Gibson and Mr. Huizenga of Michigan. H.R. 2818: Mr. Grijalva. H.R. 2945: Mr. Roskam. H.R. 3040: Mr. Gene Green of Texas. H.R. 3105: Mr. Goodlatte and Mr. Cotton. H.R. 3111: Mr. Johnson of Ohio. H.R. 3121: Mr. Renacci. H.R. 3125: Mr. Butterfield, Mr. Braley of Iowa, Mr. Danny K. Davis of Illinois, Mr. Clay, Mr. Cohen, Mr. Rodney Davis of Illinois, and Mr. Loebsack. H.R. 3135: Ms. McCollum. H.R. 3143: Mr. Israel. H.R. 3163: Mr. Moran. H.R. 3169: Mr. Burgess. H.R. 3189: Mr. Poe of Texas. H.R. 3206: Ms. Frankel of Florida. H.R. 3211: Mr. Fitzpatrick. H.R. 3240: Mr. Foster. H.R. 3297: Ms. Schakowsky. H.R. 3299: Mr. Ribble, Mr. Harris, Mr. Bentivolio, Mr. Boustany, and Mr. Roskam. H.R. 3303: Mr. Bilirakis. H.R. 3308: Mr. Pittenger. H.R. 3309: Mr. Johnson of Ohio and Mr. Larsen of Washington. H.R. 3322: Mr. Rangel. H.R. 3327: Mrs. Bustos. H.R. 3333: Mr. Pet[...]

The sponsor’s statement, as printed in the page H7253.

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R43322National Security Letters: Proposals in the 113th CongressReportJan 22, 2015
R43134NSA Surveillance Leaks: Background and Issues for Congress ArchivedReportSep 4, 2013

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and for other purposes.
Short Titles as Introduced
Surveillance State Repeal Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Jul 24, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.