,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #chge  ,,in ,,the ,,house ,,of  
,,representatives  ,january #ad1        
#bjad,mr4 ,schiff introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary1 and in
 addition to the ,select ,committee on  
,intelligence 7,permanent ,select71 for 
a period to be subsequently determined  
by the ,speaker1 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 #aigh to reform   
the telephone metadata program4  #a4    
,short title ,this ,act may be cited as 
the ,telephone ,metadata ,reform ,act4  
#b4 ,searches of bulk caller data  7a7  
,in general ,title ,v of the ,foreign   
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahfa et seq47 is  
amended-- 7#a7 in section #eja-- 7,a7 in
 subsection 7a77#a71 by striking other  
items and inserting other items1 but not

 including call data records2 and  7,b7 
in subsection 7e71 by inserting or      
section #ejb after this section2  7#b7  
by redesignating section #ejb as section
 #ejc2  7#c7 by inserting after section 
#eja the following new section3  #ejb4  
,access to certain call data records for
 foreign intelligence and international 
terrorism investigations  7a7 ,in       
general  7#a7 ,application ,the         
,director of the ,federal ,bureau of    
,investigation or a designee of the     
,director 7whose rank shall be no lower 
than ,assistant ,special ,agent in      
,charge7 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 #ab hours after being directed to  
do so4 ,each application under this     

paragraph shall-- 7,a7 be made to a     
judge described in section #eja7;b77#a72
  7,b7 specify each telecommunications  
carrier that the applicant requests be  
directed to search call data records and
 produce the results of such search2 and
  7,c7 include a statement of facts     
showing that there is a reasonable      
suspicion1 based on specific and        
articulable facts1 that the call data   
record to be used as the basis for the  
search is associated with a specific    
foreign terrorist organization1 a       
specific clandestine intelligence       
activity1 or specific foreign           
intelligence not concerning a ,united   
,states person4  7#b7 ,order  7,a7      
,review of application ,upon an         
application made pursuant to paragraph  
7#a71 if the judge finds that the       
application meets the requirements of   
such paragraph1 the judge shall enter an
 ex parte order as requested1 or as     
modified1 approving the application4    
7,b7 ,presumption ,in reviewing an      

application under subparagraph 7,a71 a  
judge shall consider a call data record 
presumptively associated with a specific
 foreign terrorist organization1 a      
specific clandestine intelligence       
activity1 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-- 7i7 a    
foreign power or an agent of a foreign  
power2  7ii7 the activities of a        
suspected agent of a foreign power who  
is the subject of such authorized       
investigation2 or  7iii7 an individual  
in contact with1 or known to1 a         
suspected agent of a foreign power who  
is the subject of such authorized       
investigation4  7b7 ,exigent            
circumstances  7#a7 ,emergency directive
 ,the ,director of the ,federal ,bureau 
of ,investigation or a designee of the  
,director 7whose rank shall be no lower 
than ,assistant ,special ,agent in      
,charge7 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 #f hours after being directed to do
 so if-- 7,a7 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 7a7 
would substantially delay an            
investigation2  7,b7 the ,director or   
such designee notifies a judge described
 in section #eja7;b77#a7 not later than 
#bd hours after the ,director or such   
designee exercises the authority under  
this subsection that the ,director or   
such designee exercised such authority2 
and  7,c7 an application for an order   
under subsection 7a7 with respect to the
 search and production of call data     
records conducted under such directive  

is made to such judge as soon as        
practicable1 but not more than #e days  
after the date on which the ,director or
 such designee exercises the authority  
under this subsection4  7#b7 ,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 7#a7 is denied1  
or in any other case where the search   
and production of call data records     
pursuant to a directive issued under    
paragraph 7#a7 is terminated and no     
order under this section is issued      
approving the search and production of  
such call data records-- 7,a7 such call 
data records shall be destroyed2  7,b7  
any call data records acquired pursuant 
to a subsequent search under subsection 
7c7 based on the call data records      
obtained under such directive shall be  
destroyed2  7,c7 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 trial1       
hearing1 or other proceeding in or      
before any court1 grand jury1           
department1 office1 agency1 regulatory  
body1 legislative committee1 or other   
authority of the ,united ,states1 a     
,state1 or political subdivision        
thereof2 and  7,d7 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 person4  7#c7       
,enforcement  7,a7 ,order to compel ,if 
a telecommunications carrier fails to   
comply with a directive issued pursuant 
to paragraph 7#a71 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       
#eja7;b77#a74  7,b7 ,review ,if a judge 

considering a petition submitted under  
subparagraph 7,a7 finds that the        
directive meets the requirements of this
 section and is otherwise lawful1 the   
judge shall issue an order requiring the
 telecommunications carrier to comply   
with such directive4  7,c7 ,contempt of 
court ,failure to obey an order issued  
under this paragraph may be punished by 
the judge as contempt of court4  7,d7   
,process ,any process under this        
paragraph may be served in any judicial 
district in which the telecommunications
 carrier may be found4  7c7 ,subsequent 
search using results of initial search  
,the ,director of the ,federal ,bureau  
of ,investigation or a designee of the  
,director 7whose rank shall be no lower 
than ,assistant ,special ,agent in      
,charge7 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 7a7 or a   

directive under subsection 7b7 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 #ab hours after 
being directed to do so4  7d7           
,nondisclosure  7#a7 ,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-- 7,a7 those persons to whom    
disclosure is necessary to comply with  
such order or such directive2  7,b7 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          
directive2 or  7,c7 other persons as    
permitted by the ,director of the       
,federal ,bureau of ,investigation or   
the designee of the ,director4  7#b7    

,persons to whom an order is disclosed  
7,a7 ,applicability of nondisclosure    
requirement ,a person to whom disclosure
 is made pursuant to paragraph 7#a7     
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      
person4  7,b7 ,sharing of information on
 nondisclosure requirement ,any person  
who discloses to a person described in  
subparagraph 7,a71 7,b71 or 7,c7 of     
paragraph 7#a7 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 paragraph4  7e7    
,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 7a71 a directive 
under subsection 7b71 or a subsequent   
search under subsection 7c7 for a period

 of more than #e years if such records  
contain call data records pertaining to1
 or reasonably believed to pertain to1 a
 ,united ,states person-- 7#a7 unless   
upon application to a judge described in
 section #eja7;b77#a7 showing probable  
cause that such records are evidence of 
a crime which has been1 is being1 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 exists2 or    
7#b7 except to the extent any portion of
 such records is lawfully used as part  
of a finished intelligence product4  7f7
 ,compensation ,the ,government shall   
compensate1 at the prevailing rate1 a   
telecommunications carrier for providing
 call data records under this section4  
7g7 ,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 section4  7h7 ,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 year4 ,such report
 shall include-- 7#a7 the total number  
of searches conducted during such year2 
7#b7 the number of searches of ,united  
,states telephone numbers 7or telephone 
numbers reasonably believed to belong to
 a ,united ,states person7 conducted    
during such year2  7#c7 the total number
 of phone numbers that resulted from    
searches conducted during such year2    
7#d7 the number of ,united ,states      
telephone numbers1 or telephone numbers 
reasonably believed to belong to a      
,united ,states person1 that resulted   
from such searches2  7#e7 the number of 
times the ,director or a designee of the
 ,director exercised the authority under
 subsection 7b7 to issue a directive due
 to exigent circumstances2 and  7#f7 the

 number of times a court rejected an    
application made in accordance with     
subsection 7b77#a77;,c7 and required the
 destruction of call data records       
produced pursuant to subsection 7b77#a74
  7i7 ,definitions ,in this section3    
7#a7 ,covered authorized investigation  
,the term covered authorized            
investigation-- 7,a7 means an authorized
 investigation 7other than a threat     
assessment7 conducted to obtain foreign 
intelligence information not concerning 
a ,united ,states person or to protect  
against international terrorism or      
clandestine intelligence activities1    
provided that such investigation2 and   
7,b7 does not include an investigation  
of a ,united ,states person conducted   
solely upon the basis of activities     
protected by the first amendment to the 
,constitution4  7#b7 ,telecommunications
 carrier ,the term telecommunications   
carrier has the meaning given the term  
in section #ajb of the ,communications  
,assistance for ,law ,enforcement ,act  

7#dg ,u4,s4,c4 #ajja74  2 and  7#d7 by  
adding at the end the following new     
section3  #ejd4 ,definitions ,in this   
title3 7#a7 ,agent of a foreign power2  
foreign intelligence information2       
foreign power2 international terrorism  
,the terms agent of a foreign power1    
foreign intelligence information1       
foreign power1 and international        
terrorism have the meanings given such  
terms in section #aja4  7#b7 ,call data 
record ,the term call data record means 
communications routing information1     
including an original or terminating    
telephone number1 an ,international     
,mobile ,subscriber ,identity1 an       
,international ,mobile ,station         
,equipment ,identity1 a trunk           
identifier1 a telephone calling card    
number1 the time or duration of a call1 
or original or terminating text-message 
numerical information4  4  7b7 ,table of
 contents amendment ,the table of       
contents in the first section of the    
,foreign ,intelligence ,surveillance    

,act of #aigh 7#ej ,u4,s4,c4 #ahja note7
 is amended by striking the item        
relating to section #ejb and inserting  
the following new items3  ,sec4 #ejb4   
,access to certain call data records for
 foreign intelligence and international 
terrorism investigations4,sec4 #ejc4    
,congressional oversight4,sec4 #ejd4    
,definitions4  4  7c7 ,effective date of
 limitation on acquisition of telephone 
metadata under existing law             
,subparagraph 7,a7 of subsection 7a77#a7
 shall take effect on the date that is  
#ahj days after the date of the         
enactment of this ,act4  7d7 ,limitation
 on searches of telephone metadata      
acquired under existing law  7#a7 ,in   
general ,subject to paragraphs 7#b7 and 
7#c71 no person may conduct a search of 
call data records acquired pursuant to  
an order under section #eja of the      
,foreign ,intelligence ,surveillance    
,act of #aigh 7#ej ,u4,s4,c4 #ahfa71 as 
in effect on the day before the         
effective date described in subsection  

7c74  7#b7 ,exception  7,a7 ,application
 ,the ,director of the ,federal ,bureau 
of ,investigation may make an           
application to a judge of the court     
established by section #ajc7;a7 7#ej    
,u4,s4,c4 #ahjc7;a77 of such ,act to    
conduct a search of call data records   
described in paragraph 7#a74 ,such      
application shall include a statement of
 facts showing that there is a          
reasonable suspicion1 based on specific 
and articulable facts1 that the call    
data record to be used as the basis for 
the search is associated with a specific
 foreign terrorist organization1 a      
specific clandestine intelligence       
activity1 or specific foreign           
intelligence not concerning a ,united   
,states person4  7,b7 ,review of        
application ,upon an application made   
pursuant to subparagraph 7,a71 if the   
judge finds that the application meets  
the requirements of such subparagraph1  
the judge shall enter an ex parte order 
as requested1 or as modified1 approving 

the application4  7,c7 ,presumption ,in 
reviewing an application under          
subparagraph 7,b71 a judge shall        
consider a call data record             
presumptively associated with a specific
 foreign terrorist organization1 a      
specific clandestine intelligence       
activity1 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-- 7i7 a    
foreign power or an agent of a foreign  
power2  7ii7 the activities of a        
suspected agent of a foreign power who  
is the subject of such authorized       
investigation2 or  7iii7 an individual  
in contact with1 or known to1 a         
suspected agent of a foreign power who  
is the subject of such authorized       
investigation4  7#c7 ,expiration of     
exception ,paragraph 7#b7 shall not     
apply after the effective date described
 in subsection 7c74  7#d7 ,call data    
record defined ,in this subsection1 the 

term call data record has the meaning   
given the term in section #ejd of the   
,foreign ,intelligence ,surveillance    
,act of #aigh1 as added by subsection   
7a7 of this section4  7e7 ,rule of      
construction ,nothing in this ,act or   
the amendments made by this ,act shall  
be construed to-- 7#a7 require a        
telecommunications carrier 7as defined  
in section #ejb7;f7 of the ,foreign     
,intelligence ,surveillance ,act of     
#aigh1 as added by subsection 7a77 to   
maintain call data records 7as defined  
in section #ejd of such ,act1 as added  
by subsection 7a77 for any specific     
period of time2 or  7#b7 authorize the  
collection or retention of the content  
of any telephone call4