I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telephone Metadata 

5 Reform Act’’. 

6 SEC. 2. SEARCHES OF BULK CALLER DATA. 

7 (a) IN GENERAL.—Title V of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is 

9 amended— 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3875 IH

1 (1) in section 501— 

2 (A) in subsection (a)(1), by striking ‘‘other 

3 items’’ and inserting ‘‘other items, but not in4 cluding call data records’’; and 

5 (B) in subsection (e), by inserting ‘‘or sec6 tion 502’’ after ‘‘this section’’; 

7 (2) by redesignating section 502 as section 503; 

8 (3) by inserting after section 501 the following 

9 new section: 

10 ‘‘SEC. 502. ACCESS TO CERTAIN CALL DATA RECORDS FOR 

11 FOREIGN INTELLIGENCE AND INTER12 NATIONAL TERRORISM INVESTIGATIONS. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) APPLICATION.—The Director of the Fed15 eral Bureau of Investigation or a designee of the Di16 rector (whose rank shall be no lower than Assistant 

17 Special Agent in Charge) may make an application 

18 for an order directing a telecommunications carrier 

19 to search the call data records of such telecommuni20 cation carrier using a call data record as the basis 

21 of such search and to produce the results of such 

22 search in a format specified by the Director or such 

23 designee to the Director or such designee not later 

24 than 12 hours after being directed to do so. Each 

25 application under this paragraph shall— 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 3875 IH

1 ‘‘(A) be made to a judge described in sec2 tion 501(b)(1); 

3 ‘‘(B) specify each telecommunications car4 rier that the applicant requests be directed to 

5 search call data records and produce the results 

6 of such search; and 

7 ‘‘(C) include a statement of facts showing 

8 that there is a reasonable suspicion, based on 

9 specific and articulable facts, that the call data 

10 record to be used as the basis for the search is 

11 associated with a specific foreign terrorist orga12 nization, a specific clandestine intelligence ac13 tivity, or specific foreign intelligence not con14 cerning a United States person. 

15 ‘‘(2) ORDER.— 

16 ‘‘(A) REVIEW OF APPLICATION.—Upon an 

17 application made pursuant to paragraph (1), if 

18 the judge finds that the application meets the 

19 requirements of such paragraph, the judge shall 

20 enter an ex parte order as requested, or as 

21 modified, approving the application. 

22 ‘‘(B) PRESUMPTION.—In reviewing an ap23 plication under subparagraph (A), a judge shall 

24 consider a call data record presumptively asso25 ciated with a specific foreign terrorist organizaVerDate Mar 15 2010 05:21 Jan 16, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3875.IH H3875

tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 3875 IH

1 tion, a specific clandestine intelligence activity, 

2 or specific foreign intelligence not concerning a 

3 United States person if the applicant shows in 

4 the statement of the facts that such call data 

5 record pertains to— 

6 ‘‘(i) a foreign power or an agent of a 

7 foreign power; 

8 ‘‘(ii) the activities of a suspected 

9 agent of a foreign power who is the subject 

10 of such authorized investigation; or 

11 ‘‘(iii) an individual in contact with, or 

12 known to, a suspected agent of a foreign 

13 power who is the subject of such author14 ized investigation. 

15 ‘‘(b) EXIGENT CIRCUMSTANCES.— 

16 ‘‘(1) EMERGENCY DIRECTIVE.—The Director of 

17 the Federal Bureau of Investigation or a designee of 

18 the Director (whose rank shall be no lower than As19 sistant Special Agent in Charge) may direct a tele20 communications carrier to search the call data 

21 records of such telecommunication carrier using a 

22 call data record as the basis of such search and to 

23 produce the results of such search in a format speci24 fied by the Director or such designee to the Director 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 3875 IH

1 or such designee not later than 6 hours after being 

2 directed to do so if— 

3 ‘‘(A) the Director or such designee deter4 mines that the records sought are required due 

5 to exigent circumstances and that obtaining an 

6 order in accordance with subsection (a) would 

7 substantially delay an investigation; 

8 ‘‘(B) the Director or such designee notifies 

9 a judge described in section 501(b)(1) not later 

10 than 24 hours after the Director or such des11 ignee exercises the authority under this sub12 section that the Director or such designee exer13 cised such authority; and 

14 ‘‘(C) an application for an order under 

15 subsection (a) with respect to the search and 

16 production of call data records conducted under 

17 such directive is made to such judge as soon as 

18 practicable, but not more than 5 days after the 

19 date on which the Director or such designee ex20 ercises the authority under this subsection. 

21 ‘‘(2) USE OF INFORMATION.—If an application 

22 for an order requiring the search and production of 

23 the call data records acquired under an emergency 

24 directive issued under paragraph (1) is denied, or in 

25 any other case where the search and production of 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 3875 IH

1 call data records pursuant to a directive issued 

2 under paragraph (1) is terminated and no order 

3 under this section is issued approving the search and 

4 production of such call data records— 

5 ‘‘(A) such call data records shall be de6 stroyed; 

7 ‘‘(B) any call data records acquired pursu8 ant to a subsequent search under subsection (c) 

9 based on the call data records obtained under 

10 such directive shall be destroyed; 

11 ‘‘(C) no information obtained or evidence 

12 derived from the search and production of call 

13 data records under such directive or from such 

14 subsequent search shall be received in evidence 

15 or otherwise disclosed in any trial, hearing, or 

16 other proceeding in or before any court, grand 

17 jury, department, office, agency, regulatory 

18 body, legislative committee, or other authority 

19 of the United States, a State, or political sub20 division thereof; and 

21 ‘‘(D) no information concerning any 

22 United States person acquired from such search 

23 and production of call records shall subse24 quently be used or disclosed in any other manVerDate Mar 15 2010 05:21 Jan 16, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3875.IH H3875

tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 3875 IH

1 ner by Federal officers or employees without 

2 the consent of such person. 

3 ‘‘(3) ENFORCEMENT.— 

4 ‘‘(A) ORDER TO COMPEL.—If a tele5 communications carrier fails to comply with a 

6 directive issued pursuant to paragraph (1), the 

7 Attorney General may file a petition for an 

8 order to compel the telecommunications carrier 

9 to comply with the directive with a judge de10 scribed in section 501(b)(1). 

11 ‘‘(B) REVIEW.—If a judge considering a 

12 petition submitted under subparagraph (A) 

13 finds that the directive meets the requirements 

14 of this section and is otherwise lawful, the 

15 judge shall issue an order requiring the tele16 communications carrier to comply with such di17 rective. 

18 ‘‘(C) CONTEMPT OF COURT.—Failure to 

19 obey an order issued under this paragraph may 

20 be punished by the judge as contempt of court. 

21 ‘‘(D) PROCESS.—Any process under this 

22 paragraph may be served in any judicial district 

23 in which the telecommunications carrier may be 

24 found. 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 3875 IH

1 ‘‘(c) SUBSEQUENT SEARCH USING RESULTS OF INI2 TIAL SEARCH.—The Director of the Federal Bureau of 

3 Investigation or a designee of the Director (whose rank 

4 shall be no lower than Assistant Special Agent in Charge) 

5 may require a telecommunications carrier to conduct a 

6 search of the call data records of that telecommunications 

7 carrier using the results of a search conducted pursuant 

8 to an order under subsection (a) or a directive under sub9 section (b) as the basis for the search under this para10 graph and to produce the results of such search under this 

11 paragraph in a format specified by the Director of such 

12 designee to the Director or such designee not later than 

13 12 hours after being directed to do so. 

14 ‘‘(d) NONDISCLOSURE.— 

15 ‘‘(1) IN GENERAL.—No person shall disclose to 

16 any other person that the Federal Bureau of Inves17 tigation has sought or obtained call data records 

18 pursuant to an order or directive under this section 

19 other than to— 

20 ‘‘(A) those persons to whom disclosure is 

21 necessary to comply with such order or such di22 rective; 

23 ‘‘(B) an attorney to obtain legal advice or 

24 assistance with respect to the search and proVerDate Mar 15 2010 05:21 Jan 16, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3875.IH H3875

tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 3875 IH

1 duction of call data records in response to such 

2 order or such directive; or 

3 ‘‘(C) other persons as permitted by the Di4 rector of the Federal Bureau of Investigation or 

5 the designee of the Director. 

6 ‘‘(2) PERSONS TO WHOM AN ORDER IS DIS7 CLOSED.— 

8 ‘‘(A) APPLICABILITY OF NONDISCLOSURE

9 REQUIREMENT.—A person to whom disclosure 

10 is made pursuant to paragraph (1) shall be sub11 ject to the nondisclosure requirements applica12 ble to a person to whom an order is directed 

13 under this section in the same manner as such 

14 person. 

15 ‘‘(B) SHARING OF INFORMATION ON NON16 DISCLOSURE REQUIREMENT.—Any person who 

17 discloses to a person described in subparagraph 

18 (A), (B), or (C) of paragraph (1) that the Fed19 eral Bureau of Investigation has sought or ob20 tained call data records pursuant to an order 

21 under this section shall notify such person of 

22 the nondisclosure requirements of this para23 graph. 

24 ‘‘(e) LIMITATION ON RETENTION OF INFORMATION

25 RELATED TO UNITED STATES PERSONS.—The Federal 


tjames on DSK6SPTVN1PROD with BILLS
10 

•HR 3875 IH

1 Government may not retain call data records obtained 

2 pursuant to an order under subsection (a), a directive 

3 under subsection (b), or a subsequent search under sub4 section (c) for a period of more than 5 years if such 

5 records contain call data records pertaining to, or reason6 ably believed to pertain to, a United States person— 

7 ‘‘(1) unless upon application to a judge de8 scribed in section 501(b)(1) showing probable cause 

9 that such records are evidence of a crime which has 

10 been, is being, or is about to be committed and that 

11 is to be retained or disseminated for law enforce12 ment purposes and such judge finds such probable 

13 cause exists; or 

14 ‘‘(2) except to the extent any portion of such 

15 records is lawfully used as part of a finished intel16 ligence product. 

17 ‘‘(f) COMPENSATION.—The Government shall com18 pensate, at the prevailing rate, a telecommunications car19 rier for providing call data records under this section. 

20 ‘‘(g) TECHNICAL ASSISTANCE.—The Government 

21 may provide appropriate technical assistance to a tele22 communications carrier to allow such telecommunications 

23 carrier to comply expeditiously with an order or directive 

24 under this section. 


tjames on DSK6SPTVN1PROD with BILLS
11 

•HR 3875 IH

1 ‘‘(h) REPORT.—The Director of the Federal Bureau 

2 of Investigation shall annually submit to Congress and 

3 make publicly available a report relating to searches con4 ducted pursuant to this section during the immediately 

5 preceding year. Such report shall include— 

6 ‘‘(1) the total number of searches conducted 

7 during such year; 

8 ‘‘(2) the number of searches of United States 

9 telephone numbers (or telephone numbers reasonably 

10 believed to belong to a United States person) con11 ducted during such year; 

12 ‘‘(3) the total number of phone numbers that 

13 resulted from searches conducted during such year; 

14 ‘‘(4) the number of United States telephone 

15 numbers, or telephone numbers reasonably believed 

16 to belong to a United States person, that resulted 

17 from such searches; 

18 ‘‘(5) the number of times the Director or a des19 ignee of the Director exercised the authority under 

20 subsection (b) to issue a directive due to exigent cir21 cumstances; and 

22 ‘‘(6) the number of times a court rejected an 

23 application made in accordance with subsection 

24 (b)(1)(C) and required the destruction of call data 

25 records produced pursuant to subsection (b)(1). 


tjames on DSK6SPTVN1PROD with BILLS
12 

•HR 3875 IH

1 ‘‘(i) DEFINITIONS.—In this section: 

2 ‘‘(1) COVERED AUTHORIZED INVESTIGATION.— 

3 The term ‘covered authorized investigation’— 

4 ‘‘(A) means an authorized investigation 

5 (other than a threat assessment) conducted to 

6 obtain foreign intelligence information not con7 cerning a United States person or to protect 

8 against international terrorism or clandestine 

9 intelligence activities, provided that such inves10 tigation; and 

11 ‘‘(B) does not include an investigation of a 

12 United States person conducted solely upon the 

13 basis of activities protected by the first amend14 ment to the Constitution. 

15 ‘‘(2) TELECOMMUNICATIONS CARRIER.—The 

16 term ‘telecommunications carrier’ has the meaning 

17 given the term in section 102 of the Communica18 tions Assistance for Law Enforcement Act (47 

19 U.S.C. 1001).’’; and 

20 (4) by adding at the end the following new sec21 tion: 

22 ‘‘SEC. 504. DEFINITIONS. 

23 ‘‘In this title: 

24 ‘‘(1) AGENT OF A FOREIGN POWER; FOREIGN

25 INTELLIGENCE INFORMATION; FOREIGN POWER; 


tjames on DSK6SPTVN1PROD with BILLS
13 

•HR 3875 IH

1 INTERNATIONAL TERRORISM.—The terms ‘agent of 

2 a foreign power’, ‘foreign intelligence information’, 

3 ‘foreign power’, and ‘international terrorism’ have 

4 the meanings given such terms in section 101. 

5 ‘‘(2) CALL DATA RECORD.—The term ‘call data 

6 record’ means communications routing information, 

7 including an original or terminating telephone num8 ber, an International Mobile Subscriber Identity, an 

9 International Mobile Station Equipment Identity, a 

10 trunk identifier, a telephone calling card number, 

11 the time or duration of a call, or original or termi12 nating text-message numerical information.’’. 

13 (b) TABLE OF CONTENTS AMENDMENT.—The table 

14 of contents in the first section of the Foreign Intelligence 

15 Surveillance Act of 1978 (50 U.S.C. 1801 note) is amend16 ed by striking the item relating to section 502 and insert17 ing 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.’’. 

18 (c) EFFECTIVE DATE OF LIMITATION ON ACQUISI19 TION OF TELEPHONE METADATA UNDER EXISTING

20 LAW.—Subparagraph (A) of subsection (a)(1) shall take 

21 effect on the date that is 180 days after the date of the 

22 enactment of this Act. 


tjames on DSK6SPTVN1PROD with BILLS
14 

•HR 3875 IH

1 (d) LIMITATION ON SEARCHES OF TELEPHONE

2 METADATA ACQUIRED UNDER EXISTING LAW.— 

3 (1) IN GENERAL.—Subject to paragraphs (2) 

4 and (3), no person may conduct a search of call data 

5 records acquired pursuant to an order under section 

6 501 of the Foreign Intelligence Surveillance Act of 

7 1978 (50 U.S.C. 1861), as in effect on the day be8 fore the effective date described in subsection (c). 

9 (2) EXCEPTION.— 

10 (A) APPLICATION.—The Director of the 

11 Federal Bureau of Investigation may make an 

12 application to a judge of the court established 

13 by section 103(a) (50 U.S.C. 1803(a)) of such 

14 Act to conduct a search of call data records de15 scribed in paragraph (1). Such application shall 

16 include a statement of facts showing that there 

17 is a reasonable suspicion, based on specific and 

18 articulable facts, that the call data record to be 

19 used as the basis for the search is associated 

20 with a specific foreign terrorist organization, a 

21 specific clandestine intelligence activity, or spe22 cific foreign intelligence not concerning a 

23 United States person. 

24 (B) REVIEW OF APPLICATION.—Upon an 

25 application made pursuant to subparagraph 


tjames on DSK6SPTVN1PROD with BILLS
15 

•HR 3875 IH

1 (A), if the judge finds that the application 

2 meets the requirements of such subparagraph, 

3 the judge shall enter an ex parte order as re4 quested, or as modified, approving the applica5 tion. 

6 (C) PRESUMPTION.—In reviewing an appli7 cation under subparagraph (B), a judge shall 

8 consider a call data record presumptively asso9 ciated with a specific foreign terrorist organiza10 tion, a specific clandestine intelligence activity, 

11 or specific foreign intelligence not concerning a 

12 United States person if the applicant shows in 

13 the statement of the facts that such call data 

14 record pertains to— 

15 (i) a foreign power or an agent of a 

16 foreign power; 

17 (ii) the activities of a suspected agent 

18 of a foreign power who is the subject of 

19 such authorized investigation; or 

20 (iii) an individual in contact with, or 

21 known to, a suspected agent of a foreign 

22 power who is the subject of such author23 ized investigation. 


tjames on DSK6SPTVN1PROD with BILLS
16 

•HR 3875 IH

1 (3) EXPIRATION OF EXCEPTION.—Paragraph 

2 (2) shall not apply after the effective date described 

3 in subsection (c). 

4 (4) CALL DATA RECORD DEFINED.—In this 

5 subsection, the term ‘‘call data record’’ has the 

6 meaning given the term in section 504 of the For7 eign Intelligence Surveillance Act of 1978, as added 

8 by subsection (a) of this section. 

9 (e) RULE OF CONSTRUCTION.—Nothing in this Act 

10 or the amendments made by this Act shall be construed 

11 to— 

12 (1) require a telecommunications carrier (as de13 fined in section 502(f) of the Foreign Intelligence 

14 Surveillance Act of 1978, as added by subsection 

15 (a)) to maintain call data records (as defined in sec16 tion 504 of such Act, as added by subsection (a)) for 

17 any specific period of time; or 

18 (2) authorize the collection or retention of the 

19 content of any telephone call. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS