National Security and Civil Liberties Act (NSCLA)
An Act to protect the civil liberties of U.S. citizens by limiting intrusive surveillance powers granted under the Patriot Act and establishing secure, regulated border controls. The Act seeks to address inconsistencies in national security policy by ensuring transparent, lawful security practices that respect constitutional rights and protect public safety.
Section 1. Purpose and Findings
Purpose: The National Security and Civil Liberties Act (NSCLA) addresses the contradictions between intrusive domestic surveillance under the Patriot Act and an open-border policy that allows unvetted, undocumented entry into the United States. By limiting government overreach in surveillance and establishing secure, controlled borders, this Act protects the constitutional rights of American citizens and strengthens national security in a balanced, principled manner.
Findings:
- Patriot Act Background and Civil Liberties Concerns: The Patriot Act, enacted post-9/11 to counter terrorism, expanded government surveillance, often infringing on the privacy and freedoms of U.S. citizens through mass data collection, without individualized suspicion or judicial oversight, thereby eroding Fourth Amendment rights.
- Contradictions with Current Border Policy: While the Patriot Act increases surveillance on U.S. citizens, current border policies allow large numbers of undocumented, unvetted individuals to enter the country, which introduces security vulnerabilities and undermines the rationale for intrusive domestic surveillance.
- Objective of the NSCLA: The Act is intended to correct these inconsistencies by:
- Restricting Excessive Surveillance: Limiting Patriot Act surveillance powers to protect citizens’ privacy.
- Implementing Secure Border Controls: Enforcing comprehensive vetting for all individuals entering the U.S.
- Balancing Civil Liberties with Security: Restoring public trust in a system that respects freedom and security equally.
- Commitment to Transparency and Oversight: The Act emphasizes judicial oversight and transparency in both surveillance and border security operations, ensuring respect for individual rights and due process.
Section 2. Restrictions on Surveillance Powers (Revisions to the Patriot Act)
- Warrantless Surveillance Restrictions: Prohibits bulk data collection on U.S. citizens without a specific, court-approved warrant, repealing sections of the Patriot Act that enable blanket data collection, including Section 215.
- Judicial Oversight and Transparency: Requires judicial approval for all surveillance involving U.S. citizens, with reports to Congress on surveillance activities, scope, and outcomes.
- Data Privacy and Expungement: Prohibits unauthorized domestic data collection and mandates the deletion of improperly collected data within 30 days.
- Whistleblower Protections: Protects individuals who report abuses of surveillance power, allowing for confidential, retaliation-free disclosures.
- Prohibition on Circumvention through Third-Party Contracts:
To safeguard the intent and civil liberties protections outlined in this Act, government agencies are expressly prohibited from contracting, partnering, or otherwise coordinating with third-party entities—through memoranda of understanding (MOUs), memoranda of agreement (MOAs), or similar mechanisms—where such relationships could undermine or bypass the Act’s limitations on surveillance and data collection. This provision includes, but is not limited to, the restriction of government use of third-party-owned surveillance or monitoring equipment deployed for private security, marketing, or any purposes unrelated to substantiated, court-approved national security threats.
Section 3. Establishing Secure, Controlled Borders
- Border Security Infrastructure: Allocates federal resources to strengthen border infrastructure, including barriers, technology, and staffing.
- Enhanced Vetting: Requires background checks, identity verification, and health screenings for all individuals entering the U.S.
- Streamlined Legal Immigration: Ensures legal pathways for immigration are accessible and timely to encourage lawful entry.
- Refugee and Asylum Process: Mandates a fair asylum process with security screenings in alignment with international human rights standards.
- Border Oversight: Establishes an independent oversight body to monitor compliance with border security guidelines and prevent abuse.
Section 4. Integration of Privacy Protections with National Security Protocols
- Data Privacy and National Security: Prohibits the transfer of immigration and border-collected data to intelligence or law enforcement unless tied to a substantiated security threat.
- Mandatory Data Destruction: Requires data deletion on individuals not found to be security risks within 90 days.
- Audit and Compliance: Conducts regular audits of surveillance and border programs, with reports to Congress and an oversight body to enforce privacy standards.
Section 5. Civil Liberties Protections
- Fourth Amendment Compliance: Ensures government surveillance is conducted with court oversight and individualized warrants to uphold protections against unreasonable searches and seizures.
- Due Process in Border Enforcement: Guarantees detained individuals’ rights to legal representation, interpreters, and timely hearings.
- Prohibition on Mass Surveillance: Limits surveillance to targeted investigations based on probable cause, ending mass data collection on citizens without security risk ties.
Section 6. Accountability and Public Transparency
- Annual Reports to Congress: Requires federal agencies to submit annual reports on surveillance and border security operations, detailing investigations, civil liberties complaints, and enforcement outcomes.
- Independent Oversight and Public Reports: Establishes a Civil Liberties Oversight Board (CLOB) to monitor activities, publish declassified reports, and make recommendations to enhance accountability.
Section 7. Resources and Training
- Funding for Border Security and Privacy Technologies: Secures federal funding for improved border security and privacy-protective technology in surveillance.
- Mandatory Agent Training: Provides training for agents on civil liberties, privacy rights, and lawful conduct.
- Public Education Campaign: Informs the public on civil rights related to surveillance and border security through a nationwide educational initiative.
Section 8. Whistleblower and Public Interest Protections
- Whistleblower Protections: Offers retaliation-free channels for whistleblowers to report misuse in surveillance and immigration enforcement.
- Federal Legal Support for Civil Liberties Violations: Establishes a legal fund for individuals impacted by government overreach, ensuring fair representation in civil liberties cases.
Section 9. Rights and Procedures for Individuals Detained at Borders
- Access to Legal Representation and Interpreters: Ensures that detained individuals have access to legal counsel and interpreters, and are informed of their rights.
- Humane Detention Conditions: Mandates humane conditions, including food, medical care, and timely processing of immigration and asylum claims.
Section 10. Comprehensive Review of Surveillance and Border Policies
- Periodic Review and Reporting to Congress: Every three years, the Civil Liberties Oversight Board reviews surveillance and border enforcement, submitting findings and improvement recommendations to Congress.
- Stakeholder and Public Input: Engages civil rights organizations, legal experts, and public interest groups in evaluating policy effectiveness and guiding adjustments.
Section 11. Protection of Sovereignty and Privacy
- Border Sovereignty Clause: Reaffirms the importance of national sovereignty, balancing security with constitutional protections.
- Limited Data Sharing and Retention: Restricts data sharing and mandates data retention only as long as necessary for security assessments.
Section 12. Effective Date and Funding
- Effective Date: The Act takes effect six months after passage.
- Funding Authorization: Congress authorizes funding to implement and enforce this Act, including oversight bodies, technology improvements, and public education.
Section 13. Severability
If any provision of this Act is held invalid, the remainder of the Act and its application to other persons or circumstances shall remain unaffected.