[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3875 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3875

 To amend the Foreign Intelligence Surveillance Act of 1978 to reform 
                    the telephone metadata program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2014

  Mr. Schiff introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the 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 amend the Foreign Intelligence Surveillance Act of 1978 to reform 
                    the telephone metadata program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telephone Metadata Reform Act''.

SEC. 2. SEARCHES OF BULK CALLER DATA.

    (a) In General.--Title V of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861 et seq.) is amended--
            (1) in section 501--
                    (A) in subsection (a)(1), by striking ``other 
                items'' and inserting ``other items, but not including 
                call data records''; and
                    (B) in subsection (e), by inserting ``or section 
                502'' after ``this section'';
            (2) by redesignating section 502 as section 503;
            (3) by inserting after section 501 the following new 
        section:

``SEC. 502. ACCESS TO CERTAIN CALL DATA RECORDS FOR FOREIGN 
              INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    ``(a) In General.--
            ``(1) Application.--The Director of the Federal Bureau of 
        Investigation or a designee of the Director (whose rank shall 
        be no lower than Assistant Special Agent in Charge) may make an 
        application for an order directing a telecommunications carrier 
        to search the call data records of such telecommunication 
        carrier using a call data record as the basis of such search 
        and to produce the results of such search in a format specified 
        by the Director or such designee to the Director or such 
        designee not later than 12 hours after being directed to do so. 
        Each application under this paragraph shall--
                    ``(A) be made to a judge described in section 
                501(b)(1);
                    ``(B) specify each telecommunications carrier that 
                the applicant requests be directed to search call data 
                records and produce the results of such search; and
                    ``(C) include a statement of facts showing that 
                there is a reasonable suspicion, based on specific and 
                articulable facts, that the call data record to be used 
                as the basis for the search is associated with a 
                specific foreign terrorist organization, a specific 
                clandestine intelligence activity, or specific foreign 
                intelligence not concerning a United States person.
            ``(2) Order.--
                    ``(A) Review of application.--Upon an application 
                made pursuant to paragraph (1), if the judge finds that 
                the application meets the requirements of such 
                paragraph, the judge shall enter an ex parte order as 
                requested, or as modified, approving the application.
                    ``(B) Presumption.--In reviewing an application 
                under subparagraph (A), a judge shall consider a call 
                data record presumptively associated with a specific 
                foreign terrorist organization, a specific clandestine 
                intelligence activity, or specific foreign intelligence 
                not concerning a United States person if the applicant 
                shows in the statement of the facts that such call data 
                record pertains to--
                            ``(i) a foreign power or an agent of a 
                        foreign power;
                            ``(ii) the activities of a suspected agent 
                        of a foreign power who is the subject of such 
                        authorized investigation; or
                            ``(iii) an individual in contact with, or 
                        known to, a suspected agent of a foreign power 
                        who is the subject of such authorized 
                        investigation.
    ``(b) Exigent Circumstances.--
            ``(1) Emergency directive.--The Director of the Federal 
        Bureau of Investigation or a designee of the Director (whose 
        rank shall be no lower than Assistant Special Agent in Charge) 
        may direct a telecommunications carrier to search the call data 
        records of such telecommunication carrier using a call data 
        record as the basis of such search and to produce the results 
        of such search in a format specified by the Director or such 
        designee to the Director or such designee not later than 6 
        hours after being directed to do so if--
                    ``(A) the Director or such designee determines that 
                the records sought are required due to exigent 
                circumstances and that obtaining an order in accordance 
                with subsection (a) would substantially delay an 
                investigation;
                    ``(B) the Director or such designee notifies a 
                judge described in section 501(b)(1) not later than 24 
                hours after the Director or such designee exercises the 
                authority under this subsection that the Director or 
                such designee exercised such authority; and
                    ``(C) an application for an order under subsection 
                (a) with respect to the search and production of call 
                data records conducted under such directive is made to 
                such judge as soon as practicable, but not more than 5 
                days after the date on which the Director or such 
                designee exercises the authority under this subsection.
            ``(2) Use of information.--If an application for an order 
        requiring the search and production of the call data records 
        acquired under an emergency directive issued under paragraph 
        (1) is denied, or in any other case where the search and 
        production of call data records pursuant to a directive issued 
        under paragraph (1) is terminated and no order under this 
        section is issued approving the search and production of such 
        call data records--
                    ``(A) such call data records shall be destroyed;
                    ``(B) any call data records acquired pursuant to a 
                subsequent search under subsection (c) based on the 
                call data records obtained under such directive shall 
                be destroyed;
                    ``(C) no information obtained or evidence derived 
                from the search and production of call data records 
                under such directive or from such subsequent search 
                shall be received in evidence or otherwise disclosed in 
                any trial, hearing, or other proceeding in or before 
                any court, grand jury, department, office, agency, 
                regulatory body, legislative committee, or other 
                authority of the United States, a State, or political 
                subdivision thereof; and
                    ``(D) no information concerning any United States 
                person acquired from such search and production of call 
                records shall subsequently be used or disclosed in any 
                other manner by Federal officers or employees without 
                the consent of such person.
            ``(3) Enforcement.--
                    ``(A) Order to compel.--If a telecommunications 
                carrier fails to comply with a directive issued 
                pursuant to paragraph (1), the Attorney General may 
                file a petition for an order to compel the 
                telecommunications carrier to comply with the directive 
                with a judge described in section 501(b)(1).
                    ``(B) Review.--If a judge considering a petition 
                submitted under subparagraph (A) finds that the 
                directive meets the requirements of this section and is 
                otherwise lawful, the judge shall issue an order 
                requiring the telecommunications carrier to comply with 
                such directive.
                    ``(C) Contempt of court.--Failure to obey an order 
                issued under this paragraph may be punished by the 
                judge as contempt of court.
                    ``(D) Process.--Any process under this paragraph 
                may be served in any judicial district in which the 
                telecommunications carrier may be found.
    ``(c) Subsequent Search Using Results of Initial Search.--The 
Director of the Federal Bureau of Investigation or a designee of the 
Director (whose rank shall be no lower than Assistant Special Agent in 
Charge) may require a telecommunications carrier to conduct a search of 
the call data records of that telecommunications carrier using the 
results of a search conducted pursuant to an order under subsection (a) 
or a directive under subsection (b) as the basis for the search under 
this paragraph and to produce the results of such search under this 
paragraph in a format specified by the Director of such designee to the 
Director or such designee not later than 12 hours after being directed 
to do so.
    ``(d) Nondisclosure.--
            ``(1) In general.--No person shall disclose to any other 
        person that the Federal Bureau of Investigation has sought or 
        obtained call data records pursuant to an order or directive 
        under this section other than to--
                    ``(A) those persons to whom disclosure is necessary 
                to comply with such order or such directive;
                    ``(B) an attorney to obtain legal advice or 
                assistance with respect to the search and production of 
                call data records in response to such order or such 
                directive; or
                    ``(C) other persons as permitted by the Director of 
                the Federal Bureau of Investigation or the designee of 
                the Director.
            ``(2) Persons to whom an order is disclosed.--
                    ``(A) Applicability of nondisclosure requirement.--
                A person to whom disclosure is made pursuant to 
                paragraph (1) shall be subject to the nondisclosure 
                requirements applicable to a person to whom an order is 
                directed under this section in the same manner as such 
                person.
                    ``(B) Sharing of information on nondisclosure 
                requirement.--Any person who discloses to a person 
                described in subparagraph (A), (B), or (C) of paragraph 
                (1) that the Federal Bureau of Investigation has sought 
                or obtained call data records pursuant to an order 
                under this section shall notify such person of the 
                nondisclosure requirements of this paragraph.
    ``(e) Limitation on Retention of Information Related to United 
States Persons.--The Federal Government may not retain call data 
records obtained pursuant to an order under subsection (a), a directive 
under subsection (b), or a subsequent search under subsection (c) for a 
period of more than 5 years if such records contain call data records 
pertaining to, or reasonably believed to pertain to, a United States 
person--
            ``(1) unless upon application to a judge described in 
        section 501(b)(1) showing probable cause that such records are 
        evidence of a crime which has been, is being, or is about to be 
        committed and that is to be retained or disseminated for law 
        enforcement purposes and such judge finds such probable cause 
        exists; or
            ``(2) except to the extent any portion of such records is 
        lawfully used as part of a finished intelligence product.
    ``(f) Compensation.--The Government shall compensate, at the 
prevailing rate, a telecommunications carrier for providing call data 
records under this section.
    ``(g) Technical Assistance.--The Government may provide appropriate 
technical assistance to a telecommunications carrier to allow such 
telecommunications carrier to comply expeditiously with an order or 
directive under this section.
    ``(h) Report.--The Director of the Federal Bureau of Investigation 
shall annually submit to Congress and make publicly available a report 
relating to searches conducted pursuant to this section during the 
immediately preceding year. Such report shall include--
            ``(1) the total number of searches conducted during such 
        year;
            ``(2) the number of searches of United States telephone 
        numbers (or telephone numbers reasonably believed to belong to 
        a United States person) conducted during such year;
            ``(3) the total number of phone numbers that resulted from 
        searches conducted during such year;
            ``(4) the number of United States telephone numbers, or 
        telephone numbers reasonably believed to belong to a United 
        States person, that resulted from such searches;
            ``(5) the number of times the Director or a designee of the 
        Director exercised the authority under subsection (b) to issue 
        a directive due to exigent circumstances; and
            ``(6) the number of times a court rejected an application 
        made in accordance with subsection (b)(1)(C) and required the 
        destruction of call data records produced pursuant to 
        subsection (b)(1).
    ``(i) Definitions.--In this section:
            ``(1) Covered authorized investigation.--The term `covered 
        authorized investigation'--
                    ``(A) means an authorized investigation (other than 
                a threat assessment) conducted to obtain foreign 
                intelligence information not concerning a United States 
                person or to protect against international terrorism or 
                clandestine intelligence activities, provided that such 
                investigation; and
                    ``(B) does not include an investigation of a United 
                States person conducted solely upon the basis of 
                activities protected by the first amendment to the 
                Constitution.
            ``(2) Telecommunications carrier.--The term 
        `telecommunications carrier' has the meaning given the term in 
        section 102 of the Communications Assistance for Law 
        Enforcement Act (47 U.S.C. 1001).''; and
            (4) by adding at the end the following new section:

``SEC. 504. DEFINITIONS.

    ``In this title:
            ``(1) Agent of a foreign power; foreign intelligence 
        information; foreign power; international terrorism.--The terms 
        `agent of a foreign power', `foreign intelligence information', 
        `foreign power', and `international terrorism' have the 
        meanings given such terms in section 101.
            ``(2) Call data record.--The term `call data record' means 
        communications routing information, including an original or 
        terminating telephone number, an International Mobile 
        Subscriber Identity, an International Mobile Station Equipment 
        Identity, a trunk identifier, a telephone calling card number, 
        the time or duration of a call, or original or terminating 
        text-message numerical information.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 note) is amended by striking the item relating to section 
502 and inserting the following new items:

``Sec. 502. Access to certain call data records for foreign 
                            intelligence and international terrorism 
                            investigations.
``Sec. 503. Congressional oversight.
``Sec. 504. Definitions.''.
    (c) Effective Date of Limitation on Acquisition of Telephone 
Metadata Under Existing Law.--Subparagraph (A) of subsection (a)(1) 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (d) Limitation on Searches of Telephone Metadata Acquired Under 
Existing Law.--
            (1) In general.--Subject to paragraphs (2) and (3), no 
        person may conduct a search of call data records acquired 
        pursuant to an order under section 501 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as in 
        effect on the day before the effective date described in 
        subsection (c).
            (2) Exception.--
                    (A) Application.--The Director of the Federal 
                Bureau of Investigation may make an application to a 
                judge of the court established by section 103(a) (50 
                U.S.C. 1803(a)) of such Act to conduct a search of call 
                data records described in paragraph (1). Such 
                application shall include a statement of facts showing 
                that there is a reasonable suspicion, based on specific 
                and articulable facts, that the call data record to be 
                used as the basis for the search is associated with a 
                specific foreign terrorist organization, a specific 
                clandestine intelligence activity, or specific foreign 
                intelligence not concerning a United States person.
                    (B) Review of application.--Upon an application 
                made pursuant to subparagraph (A), if the judge finds 
                that the application meets the requirements of such 
                subparagraph, the judge shall enter an ex parte order 
                as requested, or as modified, approving the 
                application.
                    (C) Presumption.--In reviewing an application under 
                subparagraph (B), a judge shall consider a call data 
                record presumptively associated with a specific foreign 
                terrorist organization, a specific clandestine 
                intelligence activity, or specific foreign intelligence 
                not concerning a United States person if the applicant 
                shows in the statement of the facts that such call data 
                record pertains to--
                            (i) a foreign power or an agent of a 
                        foreign power;
                            (ii) the activities of a suspected agent of 
                        a foreign power who is the subject of such 
                        authorized investigation; or
                            (iii) an individual in contact with, or 
                        known to, a suspected agent of a foreign power 
                        who is the subject of such authorized 
                        investigation.
            (3) Expiration of exception.--Paragraph (2) shall not apply 
        after the effective date described in subsection (c).
            (4) Call data record defined.--In this subsection, the term 
        ``call data record'' has the meaning given the term in section 
        504 of the Foreign Intelligence Surveillance Act of 1978, as 
        added by subsection (a) of this section.
    (e) Rule of Construction.--Nothing in this Act or the amendments 
made by this Act shall be construed to--
            (1) require a telecommunications carrier (as defined in 
        section 502(f) of the Foreign Intelligence Surveillance Act of 
        1978, as added by subsection (a)) to maintain call data records 
        (as defined in section 504 of such Act, as added by subsection 
        (a)) for any specific period of time; or
            (2) authorize the collection or retention of the content of 
        any telephone call.
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