Ending Mass Collection of Americans’ Phone Records Act of 2019

Bill: 116-s-936
Sponsor: full_name: Sen. Wyden, Ron [D-OR]
Introduced: 2019-03-28
Policy area: Armed Forces and National Security
Subjects: Business records

Congressional oversight

Government studies and investigations

Intelligence activities, surveillance, classified information

Right of privacy

Telephone and wireless communication

Terrorism
Latest action: action_date: 2019-03-28
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2019-03-28
action_desc: Introduced in Senate
text: <p><b>Ending Mass Collection of Americans' Phone Records Act of 2019</b></p> <p>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.</p> <p>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.</p>

tv_txt: II 116th CONGRESS 1st Session S. 936 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. Short title This Act may be cited as the Ending Mass Collection of Americans’ Phone Records Act of 2019 . 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.