Title: Ending Mass Collection of Americans’ Phone Records Act of 2019
Policy area: Armed Forces and National Security

Summary:
Ending Mass Collection of Americans' Phone Records Act of 2019
This bill repeals the authority of the Federal Bureau of Investigation (FBI) to obtain business records, such as phone records, on an ongoing basis under the Foreign Intelligence Surveillance Act (FISA). FISA warrants shall only be for items specifically identified in the FBI's application to access the records.
FISA currently allows the FBI to apply for a warrant to access records and other documents to obtain foreign intelligence information or to protect against international terrorism or clandestine intelligence activities. The application for such a warrant is ex parte before courts designated under FISA, meaning that the government is the only party present in the proceedings.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending Mass Collection of Americans' 
Phone Records Act of 2019''.

SEC. 2. REPEAL OF AUTHORITY TO ACCESS ON AN ONGOING BASIS BUSINESS 
              RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL 
              TERRORISM INVESTIGATIONS.

    (a) In General.--Subsection (a) of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by 
adding at the end the following:
    ``(4) The authority under paragraph (1) shall not include an 
application for an order requiring the production--
            ``(A) on an ongoing basis of any tangible things; or
            ``(B) of any tangible things other than those identified by 
        the specific selection term included in the application 
        pursuant to subsection (b)(2)(A).''.
    (b) Conforming Amendments.--Such Act is amended--
            (1) in section 501 (50 U.S.C. 1861)--
                    (A) in subsection (b)(2)--
                            (i) by striking subparagraph (C);
                            (ii) in subparagraph (B), by striking ``in 
                        the case of'' and all that follows through ``in 
                        subparagraph (C)),'';
                            (iii) by redesignating subparagraph (D) as 
                        subparagraph (C); and
                            (iv) in subparagraph (B)(iii), by striking 
                        the semicolon at the end and inserting ``; 
                        and'';
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``with 
                        subsection (b)(2)(D)'' and inserting ``with 
                        subsection (b)(2)(C)''; and
                            (ii) in paragraph (2), by striking 
                        subparagraph (F) and inserting the following:
                    ``(F) in the case of an application for call detail 
                records, shall direct the Government--
                            ``(i) to adopt minimization procedures that 
                        require the prompt destruction of all call 
                        detail records produced under the order that 
                        the Government determines are not foreign 
                        intelligence information; and
                            ``(ii) to destroy all call detail records 
                        produced under the order as prescribed by such 
                        procedures.'';
                    (C) by amending subsection (j) to read as follows:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for providing technical assistance to the 
Government under this section.''; and
                    (D) in subsection (k)(4)(B), by striking ``For 
                purposes of an application submitted under subsection 
                (b)(2)(C)'' and inserting ``In the case of an 
                application for a call detail record'';
            (2) in section 502(b) (50 U.S.C. 1862(b))--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7), respectively;
            (3) in section 603(b)(6) (50 U.S.C. 1873(b)(6))--
                    (A) in the matter before subparagraph (A), by 
                striking ``under section 501(b)(2)(C)'' and inserting 
                ``under section 501(b)(2)(B)''; and
                    (B) in subparagraph (C), by striking ``any database 
                of''; and
            (4) in section 604(a)(1)(F) (50 U.S.C. 1874(a)(1)(F))--
                    (A) by striking clause (iii);
                    (B) in clause (ii), by striking ``; and'' and 
                inserting a period; and
                    (C) in clause (i), by striking the semicolon and 
                inserting ``; and''.
    (c) Technical Correction.--Paragraph (3) of section 501(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) is 
amended by indenting such paragraph 2 ems to the left.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply with 
respect to applications made under section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) on or after such 
date.
                                 <all>