Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Telephone Metadata Reform Act''.

SEC. 2. SEARCHES OF BULK CALLER DATA.

(a) In General.--Title V of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 et seq.) is amended--
(1) in section 501--
(A) in subsection (a)(1), by striking ''other
items'' and inserting ''other items, but not including
call data records''; and
(B) in subsection (e), by inserting ''or section
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 INTERNATIONAL TERRORISM INVESTIGATIONS.

''(a) In General.--
''(1) Application.--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 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 12 hours after being directed to do so.
Each application under this paragraph shall--
''(A) be made to a judge described in section
501(b)(1);
''(B) specify each telecommunications carrier 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 organization, a specific
clandestine intelligence activity, or specific foreign
intelligence not concerning 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 application
under subparagraph (A), a judge shall consider a call
data record presumptively associated with a specific
foreign terrorist organization, 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 authorized
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 Assistant Special Agent in Charge)
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 6
hours after being directed to do so if--
''(A) 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 (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 designee exercises the
authority under this subsection that the Director or
such designee exercised 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 exercises 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 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 destroyed;
''(B) any call data records acquired pursuant 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
subdivision thereof; and
''(D) 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 person.
''(3) Enforcement.--
''(A) Order to compel.--If a telecommunications
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 described 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 telecommunications carrier to comply with
such directive.
''(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.
''(c) Subsequent Search Using Results of Initial 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 subsection (b) 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 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 Investigation 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 directive;
''(B) 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
directive; or
''(C) other persons as permitted by the Director of
the Federal Bureau of Investigation or the designee of
the Director.
''(2) Persons to whom an order is disclosed.--
''(A) Applicability of nondisclosure requirement.--
A person to whom disclosure is made pursuant to
paragraph (1) 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
person.
''(B) Sharing of information on nondisclosure
requirement.--Any person who discloses to a person
described in subparagraph (A), (B), or (C) of paragraph
(1) 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 paragraph.
''(e) 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 (a), a directive
under subsection (b), or a subsequent search under subsection (c) for a
period of more than 5 years if such records contain call data records
pertaining to, or reasonably believed to pertain to, a United States
person--
''(1) unless upon application to a judge described 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
enforcement 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 intelligence product.
''(f) Compensation.--The Government shall compensate, at the
prevailing rate, a telecommunications carrier for providing call data
records under this section.
''(g) 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 section.
''(h) 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 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) conducted 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 designee of the
Director exercised the authority under subsection (b) to issue
a directive due to exigent circumstances; 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).
''(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 concerning a United States
person or to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation; and
''(B) does not include an investigation of a United
States person conducted solely upon the basis of
activities protected by the first amendment to the
Constitution.
''(2) Telecommunications carrier.--The term
'telecommunications carrier' has the meaning given the term in
section 102 of the Communications Assistance for Law
Enforcement Act (47 U.S.C. 1001).''; and
(4) by adding at the end the following new section:

''SEC. 504. DEFINITIONS.

''In this title:
''(1) Agent of a foreign power; foreign intelligence
information; foreign power; 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 number, 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 terminating
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 amended by striking the item relating to section
502 and inserting 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.''.
(c) Effective Date of Limitation on Acquisition 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.
(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 before 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 described 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 specific foreign
intelligence not concerning a United States person.
(B) Review of application.--Upon an application
made pursuant to subparagraph (A), if the judge finds
that the application meets the requirements of such
subparagraph, the judge shall enter an ex parte order
as requested, or as modified, approving the
application.
(C) Presumption.--In reviewing an application under
subparagraph (B), a judge shall consider a call data
record presumptively associated with a specific foreign
terrorist organization, 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 authorized
investigation.
(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 Foreign 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 defined 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 section 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.
Solution:
Telephone Metadata Reform Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude call data records from the categories of tangible things (commonly referred to as "business records") that the Federal Bureau of Investigation (FBI) may seek in an application to a FISA court for a production order under the current standard requiring reasonable grounds to believe that the things sought are relevant to an authorized investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. Sets forth a separate framework for call data production orders that authorizes the FBI to apply for an order directing a telecommunications carrier to search call data records, using a call data record as the basis of such search, and to produce the search results within 12 hours if the application: (1) specifies each telecommunications carrier that the applicant requests be directed to produce call data records; and (2) includes facts showing 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, clandestine intelligence activity, or foreign intelligence not concerning a U.S. person. Authorizes the FBI, without a court order, to direct a telecommunications carrier to search call data records and produce results within 6 hours (such an FBI directive is referred to as an "emergency directive") if: (1) the records sought are required due to exigent circumstances and obtaining an order would substantially delay an investigation, (2) a FISA judge is notified within 24 hours, and (3) an application for a FISA court order is made within five days after the FBI exercises such authority. Requires, if the court denies an application for an order requiring the production of the call data records acquired under such an FBI emergency directive, or if the directive is terminated and an order is not issued to approve the production, that: (1) the call data records be destroyed, including records obtained from a subsequent search based on the initial search; (2) no information obtained or evidence derived from the search be received in evidence or 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 a political subdivision; and (3) no information concerning a U.S. person be used or disclosed by federal officers or employees without the consent of such person. Permits the FBI to require a telecommunications carrier to: (1) conduct a subsequent search using the results of an initial search conducted pursuant to an order or an emergency directive, and (2) produce the results within 12 hours. Prohibits a person from disclosing that the FBI has sought or obtained call data records pursuant to an order or directive. Prohibits the federal government from retaining for more than five years call data records obtained pursuant to an order, directive, or subsequent authorized search if such records contain call records pertaining to a U.S. person: (1) unless, upon application to a FISA judge, the judge finds probable cause that such records are evidence of a crime (that has been, is being, or is about to be committed) and contain information to be retained or disseminated for law enforcement purposes; or (2) except to the extent any portion of such records is lawfully used in a finished intelligence product. Requires the government to compensate telecommunications carriers for providing call data records.