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What is House Bill H.R. 1466?

In an effort to completely reform American spying and the National Security Agency, this bill would completely dismantle the Patriot Act and similar legal provisions.

This sort of reform is unprecedented. The bill calls for the repeal of the USA PATRIOT Act (allowing the government to place roving wiretaps, search business records, and surveil people suspected of terrorist-related activities), and most of the Foreign Intelligence Surveillance Amendments (FISA) Act of 2008 (warrantless electronic surveillance).

It would also call for reforms to the Foreign Intelligence Surveillance Courts, and negate the impact of Executive Order 12333 (extending the powers of intelligence agencies to fully co-operate with CIA information requests). It would require the destruction of any information gathered under the PATRIOT Act, the FISA Amendments Act, or Executive Order 12333 that relates to a U.S. citizen who is not under ongoing investigation.

No information obtained through the surveillance of a U.S. citizen could be kept without a valid warrant that is issued based on probable cause. The federal government would be prohibited from requiring the manufacturer of an electronic device or software to build a mechanism allowing the government to bypass encryption or privacy technology of that device or software.

Intelligence and law enforcement agencies would still, after obtaining a warrant, be allowed to conduct electronic surveillance without regard to a particular device.

Impact

People in the U.S., Americans in foreign countries, people suspected of terrorist activity, intelligence and law enforcement agencies, relevant congressional committees, and the Comptroller General.

Cost of House Bill H.R. 1466

A CBO cost estimate is unavailable.

More Information

Of Note:
The U.S. intelligence community — the National Security Agency (NSA) in particular — has been under intense scrutiny ever since computer specialist, Edward Snowden released classified information on domestic surveillance undertaken by federal agencies against American citizens.

This legislation is viewed as a way to bring a conclusive end to the bulk surveillance of U.S. citizens. On the other hand, the PATRIOT Act provisions will sunset on June 1, 2015 expire, although that may not completely remove the NSA’s authority to continue the program under other auspices. An attempt to end the NSA’s data collection in November 2014 failed to receive the votes necessary in the Senate.

In-Depth:

The portions of the FISA Amendments Act of 2008 that would be retained are those sections that cover submitting copies of court orders and opinions to Congress, and intelligence gathering related to weapons of mass destruction.

The terms of judges on Foreign Intelligence Surveillance Courts would be extended from seven to 10 years, and they would not be eligible for reappointment. Special Masters may be appointed to advise the courts on technical issues that arise during court proceedings.

The Comptroller General would be directed to annually complete Government Accountability Office (GAO) evaluations related to the federal government’s compliance with the provisions of the Foreign Intelligence Surveillance Act, and submit the report to Congress.

Whistleblower complaints by employees or contractors of the intelligence community may submit their complaints to the Comptroller General of the U.S., the Permanent Select Committee on Intelligence of the House of Representatives, to the Select Committee on Intelligence of the Senate, or as specified through the National Security Act.

These complaints would be related to any violation of a law, rule or regulation, mismanagement, a waste of funds, an abuse of authority, or a specific danger to public health or safety. The Comptroller General would submit the findings of their investigation into a whistleblower complaint to Congress. Whistleblowers would be protected from retaliation for their complaint.