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Bill
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Title I — FISA Business Records

S. 3421 · 116th Congress · Mar 9, 2020 · Lineage

I FISA Business Records

Sec. 101 Repeal of authority to access on an ongoing basis call detail records

(a)
Call detail records—
(1)
Repeal— Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is amended—
(A)
by striking subparagraph (C);
(B)
in subparagraph (B)—
(i)
in the matter preceding clause (i), by striking “in the case of” and all that follows through “in subparagraph (C)),”; and
(ii)
in clause (iii), by striking the semicolon at the end and inserting “; and”; and
(C)
by redesignating subparagraph (D) as subparagraph (C).
(2)
Prohibition— Section 501(a) (50 U.S.C. 1861(a)) is amended by adding at the end the following:

“(4) An application under paragraph (1) may not seek an order authorizing or requiring the production on an ongoing basis of call detail records.”

(b)
Conforming amendments—
(1)
Orders— Section 501(c) (50 U.S.C. 1861(c)) is amended—
(A)
in paragraph (1), by striking “with subsection (b)(2)(D)” and inserting “with subsection (b)(2)(C)”; and
(B)
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.”

(2)
Compensation— Section 501(j) (50 U.S.C. 1861(j)) is amended 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.”

(3)
Definitions— Section 501(k)(4)(B) (50 U.S.C. 1861(k)(4)(B)) is amended 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”.
(4)
Oversight— Section 502(b) (50 U.S.C. 1862(b)) is amended—
(A)
by striking paragraph (4); and
(B)
by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively.
(5)
Annual reports— Section 603 (50 U.S.C. 1873) is amended—
(A)
in subsection (b)—
(i)
by transferring subparagraph (C) of paragraph (6) to the end of paragraph (5);
(ii)
in paragraph (5)—
(I)
in subparagraph (A), by striking “; and” and inserting a semicolon;
(II)
in subparagraph (B), by striking the semicolon and inserting “; and”; and
(III)
in subparagraph (C), as transferred by clause (i) of this subparagraph, by striking “any database of”;
(iii)
by striking paragraph (6); and
(iv)
by redesignating paragraph (7) as paragraph (6); and
(B)
in subsection (d)—
(i)
in paragraph (1), by striking “any of paragraphs (3), (5), or (6)” and inserting “either of paragraphs (3) or (5)”; and
(ii)
in paragraph (2)(A), by striking “Paragraphs (2)(B), (2)(C), and (6)(C)” and inserting “Paragraphs (2)(B) and (2)(C)”.
(6)
Public reporting— Section 604(a)(1)(F) (50 U.S.C. 1874(a)(1)(F)) is amended—
(A)
in clause (i), by striking the semicolon and inserting “; and”;
(B)
in clause (ii), by striking “; and” and inserting a period; and
(C)
by striking clause (iii).

Sec. 102 Civil liberties protections in use of authority to access business records

Section 501(a)(2)(B) (50 U.S.C. 1861(a)(2)(B)) is amended by striking “solely” and inserting “substantially”.

Sec. 103 Protection of information otherwise requiring warrant

Section 501(a) (50 U.S.C. 1861(a)), as amended by section 101 of this Act, is amended by adding at the end the following:

“(5) An application under paragraph (1) may not seek an order authorizing or requiring the production of a tangible thing if the compelled production of such thing would require a warrant for law enforcement purposes.”

Sec. 104 Protecting Fourth Amendment rights of United States persons

Section 501(b) (50 U.S.C. 1861(b)), as amended by section 101(a)(1) of this Act, is amended—
(1)
in paragraph (1), by striking “and” at the end;
(2)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(3) for an order seeking information concerning a known United States person shall demonstrate probable cause to believe that the person—

“(A) is an agent of a foreign power; or

“(B) has been or will soon be involved in an act of terrorism or in clandestine intelligence activities in violation of the law.”

Sec. 105 Use of information

Section 501(h) (50 U.S.C. 1861(h)) is amended—
(1)
by striking “Information acquired” and inserting the following:

“(1) In general—Information acquired”

(2)
by adding at the end the following:

“(2) Use in trials, hearings, or other proceedings—For purposes of subsections (b) through (h) of section 106—

“(A) information obtained or derived from the production of tangible things pursuant to an investigation conducted under this section shall be deemed to be information acquired from an electronic surveillance pursuant to title I; and

“(B) in carrying out subparagraph (A), a person shall be deemed to be an aggrieved person if—

“(i) the person is the target of such an investigation; or

“(ii) the activities or communications of the person are described in any tangible thing collected pursuant to such an investigation.”

Sec. 106 Exclusions from authority to access business records

Section 501(k) (50 U.S.C. 1861(k)) is amended by adding at the end the following:

“(5) The term tangible thing does not include the following:

“(A) Location information, including cell site location and global positioning system information.

“(B) Internet use information, including website browsing information and internet search history information.

“(C) Medical and health-related records.”

Sec. 107 Effective date

The amendments made by this title shall take effect on the date of 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.