II 

116TH CONGRESS 

1ST SESSION S. 936 

To repeal the authority to access on an ongoing basis business records 

for foreign intelligence and international terrorism investigations, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2019 

Mr. WYDEN (for himself and Mr. PAUL) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To repeal the authority to access on an ongoing basis business records for foreign intelligence and international 

terrorism investigations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Mass Collec5 tion of Americans’ Phone Records Act of 2019’’. 


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1 SEC. 2. REPEAL OF AUTHORITY TO ACCESS ON AN ONGO2 ING BASIS BUSINESS RECORDS FOR FOREIGN 

3 INTELLIGENCE AND INTERNATIONAL TER4 RORISM INVESTIGATIONS. 

5 (a) IN GENERAL.—Subsection (a) of section 501 of 

6 the Foreign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1861) is amended by adding at the end the fol8 lowing: 

9 ‘‘(4) The authority under paragraph (1) shall not in10 clude an application for an order requiring the produc11 tion— 

12 ‘‘(A) on an ongoing basis of any tangible 

13 things; or 

14 ‘‘(B) of any tangible things other than those 

15 identified by the specific selection term included in 

16 the application pursuant to subsection (b)(2)(A).’’. 

17 (b) CONFORMING AMENDMENTS.—Such Act is 

18 amended— 

19 (1) in section 501 (50 U.S.C. 1861)— 

20 (A) in subsection (b)(2)— 

21 (i) by striking subparagraph (C); 

22 (ii) in subparagraph (B), by striking 

23 ‘‘in the case of’’ and all that follows 

24 through ‘‘in subparagraph (C)),’’; 

25 (iii) by redesignating subparagraph 

26 (D) as subparagraph (C); and 


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1 (iv) in subparagraph (B)(iii), by strik2 ing the semicolon at the end and inserting 

3 ‘‘; and’’; 

4 (B) in subsection (c)— 

5 (i) in paragraph (1), by striking ‘‘with 

6 subsection (b)(2)(D)’’ and inserting ‘‘with 

7 subsection (b)(2)(C)’’; and 

8 (ii) in paragraph (2), by striking sub9 paragraph (F) and inserting the following: 

10 ‘‘(F) in the case of an application for call 

11 detail records, shall direct the Government— 

12 ‘‘(i) to adopt minimization procedures 

13 that require the prompt destruction of all 

14 call detail records produced under the 

15 order that the Government determines are 

16 not foreign intelligence information; and 

17 ‘‘(ii) to destroy all call detail records 

18 produced under the order as prescribed by 

19 such procedures.’’; 

20 (C) by amending subsection (j) to read as 

21 follows: 

22 ‘‘(j) COMPENSATION.—The Government shall com23 pensate a person for reasonable expenses incurred for pro24 viding technical assistance to the Government under this 

25 section.’’; and 


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1 (D) in subsection (k)(4)(B), by striking 

2 ‘‘For purposes of an application submitted 

3 under subsection (b)(2)(C)’’ and inserting ‘‘In 

4 the case of an application for a call detail 

5 record’’; 

6 (2) in section 502(b) (50 U.S.C. 1862(b))— 

7 (A) by striking paragraph (4); and 

8 (B) by redesignating paragraphs (5) 

9 through (8) as paragraphs (4) through (7), re10 spectively; 

11 (3) in section 603(b)(6) (50 U.S.C. 

12 1873(b)(6))— 

13 (A) in the matter before subparagraph (A), 

14 by striking ‘‘under section 501(b)(2)(C)’’ and 

15 inserting ‘‘under section 501(b)(2)(B)’’; and 

16 (B) in subparagraph (C), by striking ‘‘any 

17 database of’’; and 

18 (4) in section 604(a)(1)(F) (50 U.S.C. 

19 1874(a)(1)(F))— 

20 (A) by striking clause (iii); 

21 (B) in clause (ii), by striking ‘‘; and’’ and 

22 inserting a period; and 

23 (C) in clause (i), by striking the semicolon 

24 and inserting ‘‘; and’’. 


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1 (c) TECHNICAL CORRECTION.—Paragraph (3) of sec2 tion 501(a) of the Foreign Intelligence Surveillance Act 

3 of 1978 (50 U.S.C. 1861(a)) is amended by indenting 

4 such paragraph 2 ems to the left. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of the enactment 

7 of this Act and shall apply with respect to applications 

8 made under section 501 of the Foreign Intelligence Sur9 veillance Act of 1978 (50 U.S.C. 1861) on or after such 

10 date. 

Æ 


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