Ending Mass Collection of Americans’ Phone Records Act

I 116TH CONGRESS 1ST SESSION H. R. 1942 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 HOUSE OF REPRESENTATIVES MARCH 28, 2019 Mr. AMASH (for himself and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Permanent Select Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the authority to access on an ongoing basis busi- ness records for foreign intelligence and international terrorism investigations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ending Mass Collec- 4 tion of Americans’ Phone Records Act’’. 5 VerDate Sep 11 2014 06:32 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1942.IH H1942 kjohnson on DSK79L0C42 with BILLS 2 •HR 1942 IH SEC. 2. REPEAL OF AUTHORITY TO ACCESS ON AN ONGO- 1 ING BASIS BUSINESS RECORDS FOR FOREIGN 2 INTELLIGENCE AND INTERNATIONAL TER- 3 RORISM INVESTIGATIONS. 4 (a) IN GENERAL.—Subsection (a) of section 501 of 5 the Foreign Intelligence Surveillance Act of 1978 (50 6 U.S.C. 1861) is amended by adding at the end the fol- 7 lowing: 8 ‘‘(4) The authority under paragraph (1) shall not in- 9 clude an application for an order requiring the produc- 10 tion— 11 ‘‘(A) on an ongoing basis of any tangible 12 things; or 13 ‘‘(B) of any tangible things other than those 14 identified by the specific selection term included in 15 the application pursuant to subsection (b)(2)(A).’’. 16 (b) CONFORMING AMENDMENTS.—Such Act is 17 amended— 18 (1) in section 501 (50 U.S.C. 1861)— 19 (A) in subsection (b)(2)— 20 (i) by striking subparagraph (C); 21 (ii) in subparagraph (B), by striking 22 ‘‘in the case of’’ and all that follows 23 through ‘‘in subparagraph (C)),’’; 24 (iii) by redesignating subparagraph 25 (D) as subparagraph (C); and 26 VerDate Sep 11 2014 06:32 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1942.IH H1942 kjohnson on DSK79L0C42 with BILLS 3 •HR 1942 IH (iv) in subparagraph (B)(iii), by strik- 1 ing the semicolon at the end and inserting 2 ‘‘; and’’; 3 (B) in subsection (c)— 4 (i) in paragraph (1), by striking ‘‘with 5 subsection (b)(2)(D)’’ and inserting ‘‘with 6 subsection (b)(2)(C)’’; and 7 (ii) in paragraph (2), by striking sub- 8 paragraph (F) and inserting the following: 9 ‘‘(F) in the case of an application for call 10 detail records, shall direct the Government— 11 ‘‘(i) to adopt minimization procedures 12 that require the prompt destruction of all 13 call detail records produced under the 14 order that the Government determines are 15 not foreign intelligence information; and 16 ‘‘(ii) to destroy all call detail records 17 produced under the order as prescribed by 18 such procedures.’’; 19 (C) by amending subsection (j) to read as 20 follows: 21 ‘‘(j) COMPENSATION.—The Government shall com- 22 pensate a person for reasonable expenses incurred for pro- 23 viding technical assistance to the Government under this 24 section.’’; and 25 VerDate Sep 11 2014 06:32 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1942.IH H1942 kjohnson on DSK79L0C42 with BILLS 4 •HR 1942 IH (D) in subsection (k)(4)(B), by striking 1 ‘‘For purposes of an application submitted 2 under subsection (b)(2)(C)’’ and inserting ‘‘In 3 the case of an application for a call detail 4 record’’; 5 (2) in section 502(b) (50 U.S.C. 1862(b))— 6 (A) by striking paragraph (4); and 7 (B) by redesignating paragraphs (5) 8 through (8) as paragraphs (4) through (7), re- 9 spectively; 10 (3) in section 603(b)(6) (50 U.S.C. 11 1873(b)(6))— 12 (A) in the matter before subparagraph (A), 13 by striking ‘‘under section 501(b)(2)(C)’’ and 14 inserting ‘‘under section 501(b)(2)(B)’’; and 15 (B) in subparagraph (C), by striking ‘‘any 16 database of’’; and 17 (4) in section 604(a)(1)(F) (50 U.S.C. 18 1874(a)(1)(F))— 19 (A) by striking clause (iii); 20 (B) in clause (ii), by striking ‘‘; and’’ and 21 inserting a period; and 22 (C) in clause (i), by striking the semicolon 23 and inserting ‘‘; and’’. 24 VerDate Sep 11 2014 06:32 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1942.IH H1942 kjohnson on DSK79L0C42 with BILLS 5 •HR 1942 IH (c) TECHNICAL CORRECTION.—Paragraph (3) of sec- 1 tion 501(a) of the Foreign Intelligence Surveillance Act 2 of 1978 (50 U.S.C. 1861(a)) is amended by indenting 3 such paragraph 2 ems to the left. 4 (d) EFFECTIVE DATE.—The amendments made by 5 this section shall take effect on the date of the enactment 6 of this Act and shall apply with respect to applications 7 made under section 501 of the Foreign Intelligence Sur- 8 veillance Act of 1978 (50 U.S.C. 1861) on or after such 9 date. 10 Æ VerDate Sep 11 2014 03:26 Apr 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1942.IH H1942 kjohnson on DSK79L0C42 with BILLS