(1) in section 501— 
(A) in subsection (a)(1), by striking ‘‘other 
items’’ and inserting ‘‘other items, but not in-
cluding call data records’’; and 
(B) in subsection (e), by inserting ‘‘or sec-
tion 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 
INTER-
NATIONAL TERRORISM INVESTIGATIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) APPLICATION.—The Director of the Fed-
eral Bureau of Investigation or a designee of the Di-
rector (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 telecommuni-
cation 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— 
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‘‘(A) be made to a judge described in sec-
tion 501(b)(1); 
‘‘(B) specify each telecommunications car-
rier 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 orga-
nization, a specific clandestine intelligence ac-
tivity, or specific foreign intelligence not con-
cerning 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 ap-
plication under subparagraph (A), a judge shall 
consider a call data record presumptively asso-
ciated with a specific foreign terrorist organiza-
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tion, 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 author-
ized 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 As-
sistant Special Agent in Charge) may direct a tele-
communications 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 speci-
fied by the Director or such designee to the Director 
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or such designee not later than 6 hours after being 
directed to do so if— 
‘‘(A) the Director or such designee deter-
mines 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 des-
ignee exercises the authority under this sub-
section that the Director or such designee exer-
cised 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 ex-
ercises 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 
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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 de-
stroyed; 
‘‘(B) any call data records acquired pursu-
ant 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 sub-
division thereof; and 
‘‘(D) 
no 
information 
concerning 
any 
United States person acquired from such search 
and production of call records shall subse-
quently be used or disclosed in any other man-
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ner by Federal officers or employees without 
the consent of such person. 
‘‘(3) ENFORCEMENT.— 
‘‘(A) ORDER
TO
COMPEL.—If a tele-
communications 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 de-
scribed 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 tele-
communications carrier to comply with such di-
rective. 
‘‘(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. 
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‘‘(c) SUBSEQUENT SEARCH USING RESULTS OF INI-
TIAL 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 sub-
section (b) as the basis for the search under this para-
graph 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 Inves-
tigation 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 di-
rective; 
‘‘(B) an attorney to obtain legal advice or 
assistance with respect to the search and pro-
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duction of call data records in response to such 
order or such directive; or 
‘‘(C) other persons as permitted by the Di-
rector of the Federal Bureau of Investigation or 
the designee of the Director. 
‘‘(2) PERSONS
TO
WHOM
AN
ORDER
IS
DIS-
CLOSED.— 
‘‘(A) APPLICABILITY OF NONDISCLOSURE 
REQUIREMENT.—A person to whom disclosure 
is made pursuant to paragraph (1) shall be sub-
ject to the nondisclosure requirements applica-
ble to a person to whom an order is directed 
under this section in the same manner as such 
person. 
‘‘(B) SHARING OF INFORMATION ON NON-
DISCLOSURE REQUIREMENT.—Any person who 
discloses to a person described in subparagraph 
(A), (B), or (C) of paragraph (1) that the Fed-
eral Bureau of Investigation has sought or ob-
tained call data records pursuant to an order 
under this section shall notify such person of 
the nondisclosure requirements of this para-
graph. 
‘‘(e) LIMITATION ON RETENTION OF INFORMATION 
RELATED TO UNITED STATES PERSONS.—The Federal 
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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 sub-
section (c) for a period of more than 5 years if such 
records contain call data records pertaining to, or reason-
ably believed to pertain to, a United States person— 
‘‘(1) unless upon application to a judge de-
scribed 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 enforce-
ment 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 intel-
ligence product. 
‘‘(f) COMPENSATION.—The Government shall com-
pensate, at the prevailing rate, a telecommunications car-
rier for providing call data records under this section. 
‘‘(g) TECHNICAL
ASSISTANCE.—The Government 
may provide appropriate technical assistance to a tele-
communications carrier to allow such telecommunications 
carrier to comply expeditiously with an order or directive 
under this section. 
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‘‘(h) REPORT.—The Director of the Federal Bureau 
of Investigation shall annually submit to Congress and 
make publicly available a report relating to searches con-
ducted 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) con-
ducted 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 des-
ignee of the Director exercised the authority under 
subsection (b) to issue a directive due to exigent cir-
cumstances; 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). 
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‘‘(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 con-
cerning a United States person or to protect 
against international terrorism or clandestine 
intelligence activities, provided that such inves-
tigation; and 
‘‘(B) does not include an investigation of a 
United States person conducted solely upon the 
basis of activities protected by the first amend-
ment to the Constitution. 
‘‘(2) 
TELECOMMUNICATIONS
CARRIER.—The 
term ‘telecommunications carrier’ has the meaning 
given the term in section 102 of the Communica-
tions Assistance for Law Enforcement Act (47 
U.S.C. 1001).’’; and 
(4) by adding at the end the following new sec-
tion: 
‘‘SEC. 504. DEFINITIONS. 
‘‘In this title: 
‘‘(1) AGENT OF A FOREIGN POWER; FOREIGN 
INTELLIGENCE
INFORMATION; 
FOREIGN
POWER; 
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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 num-
ber, 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 termi-
nating 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 amend-
ed by striking the item relating to section 502 and insert-
ing the following new items: 
‘‘Sec. 502. Access to certain call data records for foreign intelligence and inter-
national terrorism investigations. 
‘‘Sec. 503. Congressional oversight. 
‘‘Sec. 504. Definitions.’’. 
(c) EFFECTIVE DATE OF LIMITATION ON ACQUISI-
TION
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. 
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(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 be-
fore 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 de-
scribed 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 spe-
cific foreign intelligence not concerning a 
United States person. 
(B) REVIEW OF APPLICATION.—Upon an 
application made pursuant to subparagraph 
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(A), if the judge finds that the application 
meets the requirements of such subparagraph, 
the judge shall enter an ex parte order as re-
quested, or as modified, approving the applica-
tion. 
(C) PRESUMPTION.—In reviewing an appli-
cation under subparagraph (B), a judge shall 
consider a call data record presumptively asso-
ciated with a specific foreign terrorist organiza-
tion, 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 author-
ized investigation. 
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(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 For-
eign 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 de-
fined 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 sec-
tion 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. 
Æ 
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