I 
118TH CONGRESS 
1ST SESSION H. R. 5309 
To amend title 18, United States Code, to require a warrant for the disclosure 
of records from a provider of electronic communication service or remote 
computing service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 29, 2023 
Mr. LIEU introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 18, United States Code, to require a warrant 
for the disclosure of records from a provider of electronic 
communication service or remote computing service, 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 ‘‘Warrant for Metadata 
Act’’. 
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SEC. 2. WARRANT REQUIREMENT FOR ELECTRONIC COM-
MUNICATION SERVICE AND REMOTE COM-
PUTING SERVICE RECORDS. 
(a) WARRANT REQUIREMENT.—Section 2703 of title 
18, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘for one hundred and 
eighty days or less,’’; and 
(B) by striking ‘‘A governmental entity 
may require the disclosure by a provider of elec-
tronic communications services of the contents 
of a wire or electronic communication that has 
been in electronic storage in an electronic com-
munications system for more than one hundred 
and eighty days by the means available under 
subsection (b) of this section.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘other 
information’’ and all that follows, and inserting 
‘‘other information, including the metadata (as 
that term is defined in section 3502 of title 44) 
of such record or other information, pertaining 
to a subscriber to or customer of such service 
(not including the contents of communications) 
only when the governmental entity obtains a 
warrant issued using the procedures described 
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in the Federal Rules of Criminal Procedure (or, 
in the case of a State court, issued using State 
warrant procedures and, in the case of a court- 
martial or other proceeding under chapter 47 of 
title 10 (the Uniform Code of Military Justice), 
issued under section 846 of that title, in accord-
ance with regulations prescribed by the Presi-
dent) by a court of competent jurisdiction.’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(3) in subsection (d) by striking ‘‘or (c)’’. 
(b) RETROACTIVE EFFECT.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall have no effect on any disclosure 
required by a governmental entity pursuant to sec-
tion 2703(c) of title 18, United States Code, before 
the date of enactment of this Act. 
(2) SUBSEQUENT DISCLOSURE; EXPANDED DIS-
CLOSURE.—With respect to a disclosure required by 
a governmental entity pursuant to section 2703(c) of 
title 18, United States Code, before the date of en-
actment of this Act, any request for a subsequent 
disclosure related to such disclosure or an expansion 
of such disclosure made after the date of enactment 
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of this Act shall be treated as a new disclosure 
under such section (as amended by this Act). 
Æ 
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