Protecting Against International Terrorism Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2939 To provide an 8-year extension of certain authorities for foreign intelligence and international terrorism investigations, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2019 Mr. BURR (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide an 8-year extension of certain authorities for foreign intelligence and international terrorism investiga- tions, 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 ‘‘Protecting Against 4 International Terrorism Act of 2019’’. 5 VerDate Sep 11 2014 02:21 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2939.IS S2939 kjohnson on DSK79L0C42 with BILLS 2 •S 2939 IS SEC. 2. EIGHT-YEAR EXTENSION OF AUTHORITY TO ACCESS 1 CERTAIN BUSINESS RECORDS FOR FOREIGN 2 INTELLIGENCE AND INTERNATIONAL TER- 3 RORISM INVESTIGATIONS AND FOR ROVING 4 SURVEILLANCE. 5 Section 102(b)(1) of the USA PATRIOT Improve- 6 ment and Reauthorization Act of 2005 (Public Law 109– 7 177; 50 U.S.C. 1805 note) is amended by striking ‘‘De- 8 cember 15, 2019’’ and inserting ‘‘December 15, 2027’’. 9 SEC. 3. EIGHT-YEAR EXTENSION OF AUTHORITY FOR INDI- 10 VIDUAL TERRORISTS TO BE TREATED AS 11 AGENTS OF FOREIGN POWERS UNDER THE 12 FOREIGN INTELLIGENCE SURVEILLANCE ACT 13 OF 1978. 14 Section 6001(b)(1) of the Intelligence Reform and 15 Terrorism Prevention Act of 2004 (Public Law 108–458; 16 50 U.S.C. 1801 note) is amended by striking ‘‘December 17 15, 2019’’ and inserting ‘‘December 15, 2027’’. 18 SEC. 4. TERMINATION OF AUTHORITY TO ACCESS ON AN 19 ONGOING BASIS CALL DETAIL RECORDS FOR 20 FOREIGN INTELLIGENCE AND INTERNATION- 21 AL TERRORISM INVESTIGATIONS. 22 (a) TERMINATION.—Section 501(a) of the Foreign 23 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) 24 is amended by adding at the end the following: 25 VerDate Sep 11 2014 02:21 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2939.IS S2939 kjohnson on DSK79L0C42 with BILLS 3 •S 2939 IS ‘‘(4) The authority under paragraph (1) to make an 1 application for an order requiring the production on an 2 ongoing basis of call detail records shall terminate on the 3 date of the enactment of this paragraph.’’. 4 (b) TECHNICAL CORRECTION.—Paragraph (3) of 5 such section is amended by indenting such paragraph 2 6 ems to the left. 7 SEC. 5. IMPROVEMENTS REGARDING TERMS OF MEMBERS 8 OF PRIVACY AND CIVIL LIBERTIES OVER- 9 SIGHT BOARD. 10 Paragraph (4) of section 1061(h) of the Intelligence 11 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 12 2000ee(h)) is amended to read as follows: 13 ‘‘(4) TERM.— 14 ‘‘(A) IN GENERAL.—Each member of the 15 Board shall serve a term of 6 years commenc- 16 ing on the date of the appointment of the mem- 17 ber to the Board. 18 ‘‘(B) FILLING VACANCIES.—A vacancy in 19 the Board shall be filled in the same manner in 20 which the original appointment was made. 21 ‘‘(C) CONTINUITY OF SERVICE.—Upon the 22 expiration of the term of office of a member, 23 the member may continue to serve as a member 24 of the Board after such expiration until the 25 VerDate Sep 11 2014 02:21 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2939.IS S2939 kjohnson on DSK79L0C42 with BILLS 4 •S 2939 IS member’s successor has been appointed and 1 qualified.’’. 2 SEC. 6. REPEAL OF EXCEPTION FOR FEDERAL BUREAU OF 3 INVESTIGATION REQUIREMENT FOR REPORT 4 ON NUMBER OF QUERIES RELATING TO CER- 5 TAIN ELECTRONIC COMMUNICATIONS. 6 Section 603(d)(2)(A) of the Foreign Intelligence Sur- 7 veillance Act of 1978 (50 U.S.C. 1873(d)(2)(A)) is amend- 8 ed by striking ‘‘, (2)(C),’’. 9 Æ VerDate Sep 11 2014 02:21 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2939.IS S2939 kjohnson on DSK79L0C42 with BILLS