I 
113TH CONGRESS 
2D SESSION 
H. R. 4291 
To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 
the bulk collection of call detail records, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2014 
Mr. ROGERS of Michigan (for himself, Mr. MILLER of Florida, Mr. CONAWAY, 
Mr. KING of New York, Mr. LOBIONDO, Mr. NUNES, Mr. WESTMORE-
LAND, Mrs. BACHMANN, Mr. POMPEO, Mr. RUPPERSBERGER, Mr. 
THOMPSON of California, Mr. LANGEVIN, and Ms. SEWELL of Alabama) 
introduced the following bill; which was referred to the Select Committee 
on Intelligence (Permanent Select), and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to prohibit the bulk collection of call detail records, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FISA Transparency 
and Modernization Act’’. 
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SEC. 2. PROHIBITION ON BULK COLLECTION OF CALL DE-
TAIL RECORDS. 
Section 501(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861) is amended— 
(1) in paragraph (1), by striking ‘‘other items’’ 
and inserting ‘‘other items, but not including call de-
tail records’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) In this subsection, the term ‘call detail records’ 
means communications routing information, including an 
original or terminating telephone number, an Inter-
national Mobile Subscriber Identity, an International Mo-
bile Station Equipment Identity, a trunk identifier, a tele-
phone calling card number, the time or duration of a call, 
or original or terminating text-message numerical infor-
mation.’’. 
SEC. 3. PROHIBITION ON BULK COLLECTION OF ELEC-
TRONIC COMMUNICATIONS RECORDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Federal Government may not acquire 
under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) records of any electronic commu-
nication without the use of specific identifiers or selection 
terms. 
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(b) DEFINITION
OF
ELECTRONIC
COMMUNICA-
TIONS.—In this section, the term ‘‘electronic communica-
tion’’ has the meaning given such term under section 2510 
of title 18, United States Code. 
SEC. 4. PROHIBITION ON BULK COLLECTION OF CERTAIN 
BUSINESS RECORDS. 
Notwithstanding any other provision of law, the Fed-
eral Government may not acquire under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
library circulation records, library patron lists, book sales 
records, book customer lists, firearm sales records, tax re-
turn records, educational records, or medical records con-
taining information that would identify a person without 
the use of specific identifiers or selection terms. 
SEC. 5. APPOINTMENT OF AMICUS CURIAE. 
Section 103 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803) is amended by adding at 
the end the following: 
‘‘(i) AMICUS CURIAE.— 
‘‘(1) AUTHORIZATION.—Notwithstanding any 
other provision of law, a court established under 
subsection (a) or (b) may, consistent with the re-
quirement of subsection (c) and any other statutory 
requirement that the court act expeditiously or with-
in a stated time, to appoint amicus curiae to assist 
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the court in the consideration of a covered applica-
tion. 
‘‘(2) DESIGNATION.—The courts established by 
subsection (a) and (b) shall each designate 1 or 
more individuals who have been determined by ap-
propriate executive branch officials to be eligible for 
access to classified information who may be ap-
pointed to serve as amicus curiae. In appointing an 
amicus curiae pursuant to paragraph (1), the court 
may choose from among those so designated. 
‘‘(3) EXPERTISE.—An individual appointed as 
an amicus curiae under paragraph (1) may be a spe-
cial counsel or an expert on privacy and civil lib-
erties, intelligence collection, telecommunications, or 
any other area that may lend legal or technical ex-
pertise to the court. 
‘‘(4) DUTIES.—An amicus curiae appointed 
under paragraph (1) to assist with the consideration 
of a covered application shall carry out the duties 
assigned by the appointing court. That court may 
authorize, to the extent consistent with the case or 
controversy requirements of article III of the Con-
stitution of the United States and the national secu-
rity of the United States, the amicus curiae to re-
view any application, certification, petition, motion, 
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or other submission that the court determines is rel-
evant to the duties assigned by the court. 
‘‘(5) NOTIFICATION.—A court established under 
subsection (a) or (b) shall notify the Attorney Gen-
eral of each exercise of the authority to appoint an 
amicus curiae under paragraph (1). 
‘‘(6) ASSISTANCE.—A court established under 
subsection (a) or (b) may request and receive (in-
cluding on a non-reimbursable basis) the assistance 
of the executive branch in the implementation of this 
subsection. 
‘‘(7) ADMINISTRATION.—A court established 
under subsection (a) or (b) may provide for the des-
ignation, appointment, removal, training, support, or 
other administration of an amicus curiae appointed 
under paragraph (1) in a manner that is not incon-
sistent with this subsection. 
‘‘(8) CONGRESSIONAL OVERSIGHT.—The Attor-
ney General shall submit to the appropriate commit-
tees of Congress an annual report on the number of 
notices described in paragraph (5) received by Attor-
ney General for the preceding 12-month period. 
Each such report shall include the name of each in-
dividual appointed as an amicus curiae during such 
period. 
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