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
To repeal the authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations, and for other purposes.
This Act may be cited as the
Ending Mass Collection of Americans’ Phone Records Act of 2019.
Repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations
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:
The authority under paragraph (1) shall not include an application for an order requiring the production—
on an ongoing basis of any tangible things; or
of any tangible things other than those identified by the specific selection term included in the application pursuant to subsection (b)(2)(A).
Such Act is amended—
in section 501 (50 U.S.C. 1861)—
in subsection (b)(2)—
by striking subparagraph (C);
in subparagraph (B), by striking
in the case of and all that follows through
in subparagraph (C)),;
by redesignating subparagraph (D) as subparagraph (C); and
in subparagraph (B)(iii), by striking the semicolon at the end and inserting
in subsection (c)—
in paragraph (1), by striking
with subsection (b)(2)(D) and inserting
with subsection (b)(2)(C); and
in paragraph (2), by striking subparagraph (F) and inserting the following:
in the case of an application for call detail records, shall direct the Government—
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
to destroy all call detail records produced under the order as prescribed by such procedures.
by amending subsection (j) to read as follows:
The Government shall compensate a person for reasonable expenses incurred for providing technical assistance to the Government under this section.
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;
in section 502(b) (50 U.S.C. 1862(b))—
by striking paragraph (4); and
by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;
in section 603(b)(6) (50 U.S.C. 1873(b)(6))—
in the matter before subparagraph (A), by striking
under section 501(b)(2)(C) and inserting
under section 501(b)(2)(B); and
in subparagraph (C), by striking
any database of; and
in section 604(a)(1)(F) (50 U.S.C. 1874(a)(1)(F))—
by striking clause (iii);
in clause (ii), by striking
; and and inserting a period; and
in clause (i), by striking the semicolon and inserting
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.
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.