releases: https://gabbard.house.gov/news/press-releases/reps-gabbard-and-massie-bill-repeal-government-surveillance-laws-which-threaten
Data license: MIT · Data source: dwillis/congress-press
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| https://gabbard.house.gov/news/press-releases/reps-gabbard-and-massie-bill-repeal-government-surveillance-laws-which-threaten | Reps. Gabbard and Massie Bill to Repeal Government Surveillance Laws Which Threaten Civil Liberties | 2020-12-16 | 2020 | 2020-12 | Democrat | Senate | HI | Tulsi Gabbard | G000571 | gabbard.house.gov | legacy | Washington, DCYesterday, Rep. Tulsi Gabbard (HI-02) and Rep. Thomas Massie (KY-04) introduced H.R.8970, the Protect Our Civil Liberties Act. This bipartisan bill would repeal the USA PATRIOT Act and amend the Foreign Intelligence Surveillance Act (FISA) to remove dangerous provisions that undermine Americans' civil liberties. The Constitution of the United States guarantees fundamental rights and freedoms for every American including the right to privacy and protection against illegal search and seizure without probable cause. Unfortunately, the so-called Patriot Act and FISA Amendments Act allowed the intelligence community to conduct mass surveillance on Americans, collecting information about our phone calls and our emails,said Rep. Tulsi Gabbard. Our legislation will repeal these laws and require Congress to strike the right balance between serving our national security interests and protecting our civil liberties and Fourth Amendment rights. The Patriot Act contains many provisions that violate the Fourth Amendment and have led to a dramatic expansion of our domestic surveillance state, said Rep. Thomas Massie. "Our Founding Fathers fought and died to stop the kind of warrantless spying and searches that the Patriot Act and the FISA Amendments Act authorize. It is long past time to repeal the Patriot Act and reassert the constitutional rights of all Americans. I am honored to co-sponsor Congresswoman Gabbard's bill and look forward to working with her on this issue. Background:H.R.8970, the Protect Our Civil Liberties Act, a bipartisan bill, would repeal the USA PATRIOT Act as well as amend the Foreign Intelligence Surveillance Act (FISA) to address dangerous changes made to it in the years following the 9/11 attacks. and which were not addressed by subsequent FISA amendments made by Congress. The USA PATRIOT Act along with changes to FISA have been used to undermine Americans' civil liberties, particularly Fourth Amendment protections. The Protect Our Civil Liberties Act would: Repeal the PATRIOT Act (which contains provisions allowing for mass telephone metadata collection) Repeal the FISA Amendments Act (which contains provisions allowing for mass email collection), except for provisions regarding FISA court reporting and WMD intelligence collection. Makes retaliation against federal national security whistleblowers illegal and provides for the termination of individuals who engage in such retaliation. Ensure that any FISA collection against a U.S. person can only occur with a valid warrant based on probable cause (which was the original FISA standard from 1978 to 2001). Retain the ability for government surveillance capabilities to be targeted against a specific non-U.S. person, regardless of the type of communications method(s) or device(s) being used by the subject of the surveillance. Retain provisions in current law dealing with the acquisition of intelligence information involving weapons of mass destruction from entities not composed primarily of U.S. persons. Prohibit government-mandated back doors in electric devices or software that allow the government to bypass encryption or other privacy technology built into said hardware and/or software. Increase the terms of judges on the Foreign Intelligence Surveillance Court (FISC) from seven to ten years and allow their reappointment. Mandate that the FISC utilize technologically competent technical and legal experts (Special Masters) to help determine the veracity of government claims about privacy, minimization and collection capabilities employed by the U.S. government in FISA applications. Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law, including responding to Member requests for investigations and whistleblower complaints of wrongdoing. Explicitly ban the use of Executive Order 12333 as a way of conducting surveillance on U.S. persons or mass collection of information Rep. Tulsi Gabbard has long advocated for reforms that address our government's responsibility to protect civil liberties and ensure a strong national defense. She has actively sought reforms to Section 702, the Patriot Act, introduced legislation to strengthen and expand the functions of the Privacy and Civil Liberties Oversight Board (PCLOB), and is a founding member of the bipartisan Fourth Amendment Caucus focused on protecting the privacy and security of Americans in the digital age. This past October, she introduced two bipartisan resolutions, H.Res.1162 with Rep. Matt Gaetz and H.Res.1175 with Rep. Thomas Massie. H.Res.1162 called on the Federal government to drop all charges against Edward Snowden while H.Res.1175 defended the freedom of the press and called on the Federal government to drop all charges against Julian Assange. That same month, she also introduced the bipartisan, bicameral Unplug the Internet Kill Switch Act (H.R.8336) which would amend Section 706 of the Communications Act of 1934 to strip out the Internet Kill Switch and help shut the door to broader government surveillance or outright control of our communications channels and some of Americans' most sensitive information. The legislation would also reassert a stronger balance of power during a national emergency between the Executive Branch and the people's representatives in Congress. She has also drawn attention to whistleblowers who have uncovered illegal surveillance activity and warned that efforts to prosecute those who report about it would threaten yet another Constitutional right, the freedom of the press. In October of this year, she introduced H.R.8452, the Protect Brave Whistleblowers Act, a bill intended to reform the Espionage Act to better protect whistleblowers. Her work has earned her an A+ rating from civil liberties advocacy groups Restore the Fourth and Fight for the Future. About Rep. Tulsi Gabbard: Congresswoman Tulsi Gabbard is serving her fourth term in the United States House representing Hawaii's Second District, and serves on the House Armed Services and Financial Services Committees. She previously served on the House Foreign Affairs Committee and Homeland Security Committee. She was elected to the Honolulu City Council in 2010, and prior to that at age 21, was elected to the Hawaii State Legislature in 2002, becoming the youngest person ever elected in the state. Tulsi Gabbard has served in the Hawaii Army National Guard for over 17 years, is a veteran of two Middle East deployments, and continues to serve as a Major in the Army Reserves. Learn more about Rep. Tulsi Gabbard... Follow Rep. Tulsi Gabbard on social media: ### | 1 | 2026-03-30T12:14:52Z | 2026-03-30T12:14:52Z |