Legislation in the 113th or 114th Congress Proposing Limits on Surveillance

Proposals to Limit Surveillance, p.

Legislation in the 113^th or 114^th Congress Proposing Limits on Surveillance

A Bill to Improve the Operation of the Department of Homeland Security’s Unmanned Aircraft System Program (S 159, 114^th Congress) Arizona Senator John McCain introduced this bill requiring the Department of Homeland Security to fully utilize surveillance and detection capabilities developed or used by the various Federal departments and agencies for the purpose of enhancing the functioning and operational capability to conduct continuous and integrated manned or unmanned, monitoring, sensing, or surveillance of 100 percent of Southern border mileage or the immediate vicinity of the Southern border.

American Privacy Protection Act (HR 3920, 113^th Congress) This bill, sponsored by Florida Representative Richard Nugent, would amend the Foreign Intelligence Surveillance Act of 1978 (FISA), with respect to the authority of the Federal Bureau of Investigation (FBI) to make an application to a FISA court for an order requiring the production of tangible things (commonly referred to as "business records"), to limit the items that the FBI may seek to tangible things not pertaining to a U.S. person for an investigation to obtain foreign intelligence information not concerning a U.S. person (thus removes the FBI's authority to make such applications for an investigation regarding a U.S. person or to protect against international terrorism or clandestine intelligence activities).

Big Brother Is Not Watching You Act (HR 3883, 113^th Congress) Representative Alan Grayson of Florida introduced this bill requiring the President and all executive departments and independent agencies to take all actions, including rulemaking, needed to implement the 46 recommendations of the report entitled "Liberty and Security in a Changing World," issued on December 12, 2013, by the President's Review Group on Intelligence and Communications Technologies.

Civil Liberties Protection Act (S 2093, 113^th Congress) Montana Senator John Walsh introduced this legislation that would amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to modify the purposes for which the Federal Bureau of Investigation (FBI) is authorized to apply to a FISA court for an order requiring the production of tangible things (commonly referred to as "business records").

Civilian Contractors Engaged in Intelligence Activities Reduction Act of 2015 (HR 65, 114^th Congress) This bill, introduced by Texas Representative Sheila Jackson Lee, would require the Director of National Intelligence to submit a plan for reducing by 25% the number of intelligence community contractors with top security clearances that are engaged in intelligence activities.

Cyber Intelligence Sharing and Protection Act (HR 234, 114^th Congress) Maryland Representative C.A. (Dutch) Ruppersberger introduced this bill directing the federal government to conduct cybersecurity activities designed to provide shared situational awareness enabling integrated operational actions to protect, prevent, mitigate, respond to, and recover from cyber incidents.

Data Security and Breach Notification Act of 2015 (S 177) Florida Senator Bill Nelson introduced this bill requiring the Federal Trade Commission (FTC) to promulgate regulations requiring commercial entities, nonprofit and for-profit corporations, estates, trusts, cooperatives and other specified entities that own or possess data containing personal information (covered entities), or that contract to have a third-party maintain or process such data for the entity, to implement information security policies and procedures for the treatment and protection of personal information.

Drone Aircraft Privacy and Transparency Act of 2015. (HR 1229, 114th Congress): Rep. Peter Welch (VT). Prohibits a governmental entity from using a drone system, or requesting information or data collected by another entity through use of a drone system, for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a state court, issued using state warrant procedures) by a court of competent jurisdiction, or as permitted under the Foreign Intelligence Surveillance Act of 1978. Makes an exception to this prohibition in exigent circumstances when a law enforcement entity reasonably believes there is: (1) an imminent danger of death or serious physical injury; or (2) a high risk of an imminent terrorist attack by a specific individual or organization, according to the Secretary of Homeland Security.

Electronic Communications Privacy Act Amendments Act of 2015. (S 356, 114th Congress): Sen. Mike Lee (UT). Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions. Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service.

Email Privacy Act. (HR 699, 114th Congress): Rep. Kevin Yoder (KS). Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions. Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service. Requires the government to obtain a warrant from a court before requiring providers to disclose the content of such communications regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service

End Warrantless Surveillance of Americans Act. (HR 2233, 114th Congress): Rep. Ted Poe (TX). Prohibits a federal agency from requiring or requesting a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency.

Ensuring Adversarial Process in the FISA Court Act (HR 3159, 113^th Congress) This bill, introduced by California Representative Adam Schiff, would amend the Intelligence Reform and Terrorism Prevention Act of 2004 to require the Privacy and Civil Liberties Oversight Board (an independent agency that reviews executive branch actions taken to protect the nation from terrorism in order to ensure a balance with privacy and civil liberties) to appoint: (1) attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court (FISC), a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review (FISCR), and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (FISA) and (2) technical and subject-matter experts (including experts of computer networks, telecommunications, encryption, and cybersecurity), not employed by the federal government, to be available to assist such advocates in performing their duties.

FISA Court Accountability Act (HR 2586, 113^th Congress) The bill, introduced by Tennessee Representative Steve Cohen, would amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the Foreign Intelligence Surveillance Court to consist of 11 publicly designated district court judges, of whom 3 judges are designated by the Chief Justice of the Supreme Court and 2 judges each are designated, respectively, by the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the majority and minority leaders of the Senate. Currently, the Chief Justice designates all 11 judges.

FISA Court in the Sunshine Act of 2013 (HR 66, 114^th Congress) Texas Representative Sheila Jackson Lee introduced this bill expressing the sense of Congress that each decision, order, or opinion ("decision," for purposes of this Act) issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of Foreign Intelligence Surveillance Act of 1978 (FISA) provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information.

FISA Court Oversight Underscoring Responsibility and Transparency Act or the FISA COURT Act (HR 3195, 113^th Congress) This bill, introduced by New York Representative Steve Israel, proposes to amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the Foreign Intelligence Surveillance Court to consist of 11 publicly designated district court judges, of whom 2 judges are designated by the President; 1 judge is designated by a majority of the Supreme Court and 2 judges each are designated, respectively, by the Speaker of the House of Representatives, the minority leader of the House of Representatives and the majority and minority leaders of the Senate. Currently, the Chief Justice designates all 11 judges.

FISA Court Reform Act of 2013 (HR 3228, 113^th Congress) This bill, introduced by Maryland Representative Chris Van Hollen, would establish within the judicial branch an Office of the Constitutional Advocate to protect individual rights by advocating before courts and judges of the petition review pool established by the Foreign Intelligence Surveillance Act of 1978 (FISA) in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. The bill directs the Chief Justice to appoint a Constitutional Advocate to serve as the head of such Office from a list of candidates submitted by the Privacy and Civil Liberties Oversight Board. The Advocate would be given the following duties: (1) review each application to the FISA Court by the Attorney General (DOJ) and each decision of the FISA Court, the petition review pool (FISA Court judges designated to review petitions challenging certain FISA production orders, nondisclosure orders, and targeting directives delivered to electronic communication service providers), or the FISA Court of Review and (2) participate in proceedings before the FISA Court when appointed to participate by such Court.

FISA Reform Act of 2015. (HR 1469, 114th Congress): Sen. Dianne Feinstein (CA). Extends federal authority to conduct surveillance under Section 215 of the USA PATRIOT Act while imposing some additional restrictions on such surveillance.

Geolocational Privacy and Surveillance Act or the GPS Act (HR 491, 114^th Congress) Utah Representative Jason Chaffetz introduced that bill amending the federal criminal code to prohibit intentionally: (1) intercepting geolocation information pertaining to another person; (2) disclosing to any other person such information pertaining to another, knowing that the information was obtained in violation of this Act; (3) using geolocation information, knowing that the information was obtained in violation of this Act or (4) disclosing to any other person the geolocation information pertaining to another person intercepted by means authorized under this Act, knowing that the information was obtained in connection with a criminal investigation, having obtained or received information in connection with a criminal investigation, with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation. The Federal Rules of Criminal Procedure would be amended to require a search warrant to acquire geolocation information.

Government Surveillance Transparency Act of 2013 (HR 2736, 113^th Congress) The bill, introduced by Washington Representative Rick Larsen, proposes to amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize an entity that is required to comply with an order or directive issued by a FISA court under such Act to make publicly available every 90 days with respect to the preceding 90-day period: (1) the aggregate number of orders or directives with which such entity was required to comply; (2) a general description of the types of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives; (3) the aggregate number of each type of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives and (4) the aggregate number of user accounts with respect to which such entity was required to provide assistance, information, or tangible things pursuant to such orders or directives.

Intelligence Oversight and Accountability Act of 2013 (HR 3103, 113^th Congress) California Representative Mike Thompson introduced this bill amending the Foreign Intelligence Surveillance Act of 1978 (FISA) to revise congressional reporting requirements with respect to FISA court decisions. The Attorney General would be required within 45 days after the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a denial or modification of a request for an order, or that results in a change of application or a new application of FISA, to submit to Congress a copy of such decision and any associated pleadings, applications, or memoranda of law. Currently, the Attorney General submits such materials only with respect to decisions that the Attorney General determines are a significant construction or interpretation of FISA.

Life, Liberty, and Justice for All Americans Act (HR 1269, 113^th Congress) This bill, introduced by Florida Representative Trey Radel, would prohibit the President from using lethal military force against a U.S. citizen located in the United States.

Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act or the LIBERT-E Act (HR 2399, 113^th Congress) This bill, sponsored by Michigan Representative John Conyers, amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the Federal Bureau of Investigation (FBI), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.

NSA Accountability Act (HR 3070, 113^th Congress) This bill, introduced by Pennsylvania Representative Michael Fitzpatrick, would amend the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the Federal Bureau of Investigation (FBI) or the National Security Agency (NSA), in applications for court orders requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, to include a statement of specific and articulable facts showing reasonable grounds to believe that such things are relevant and material to an authorized investigation. Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation.

NSA Internal Watchdog Act (S 2439, 113^th Congress) Senator Claire McCasill of Missouri introduced this bill to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). Currently, the NSA Inspector General is appointed by the NSA Director. The bill would also direct the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints.

Online Communications and Geolocation Protection Act. (HR 656, 114th Congress): Rep. Zoe Lofgren (CA). Prohibits a governmental entity from intentionally intercepting geolocation information pertaining to an individual, or from intentionally disclosing or using such information knowing that it was obtained in violation of existing prohibitions, except: (1) for purposes of electronic surveillance authorized by the Foreign Intelligence Surveillance Act of 1978 (FISA); (2) with the consent of the individual to whom the information pertains or the parent or guardian of a child to whom the information pertains; (3) through any system that is configured so that such information is readily accessible to the general public; (4) by an emergency responder to respond to a request by such individual for assistance or in circumstances in which it is reasonable to believe that individual's life or safety is in jeopardy; (5) pursuant to a warrant issued by a court in accordance with the Federal Rules of Criminal Procedure or as otherwise provided in FISA; or (6) by an investigative or law enforcement officer specially designated to intercept or use geolocation information if such officer reasonably determines that an emergency situation (involving immediate danger of death or serious physical injury to any individual or conspiratorial activities that threaten the national security interest or that are characteristic of organized crime) exists and requires interception or use before an authorizing order can be obtained, there are grounds upon which such an order could be entered, and an application for such order is made within 48 hours after the interception or use occurs.

Preserving American Privacy Act of 2015. (HR 1385, 114th Congress): Rep. Ted Poe (TX). Amends the federal criminal code to require a governmental entity operating a public unmanned aircraft system to minimize the collection or disclosure of covered information. Defines "covered information" as: (1) information that is reasonably likely to enable identification of an individual, or (2) information about an individual's property that is not in plain view. Requires such entity to submit to the Attorney General, with an application for a certificate or license to operate such a system in national airspace, a data collection statement that describes the purpose for which the system will be used, the length of time the collected information will be retained, the entity responsible for operating the system, the data minimization policies barring the collection of information unrelated to the investigation and requiring the destruction of information that is no longer relevant, and applicable audit and oversight procedures. Authorizes the Attorney General to request that the Secretary of Transportation revoke such a certificate or license if the operator's activity contravenes such statement. Directs the Attorney General to issue regulations to establish a database indexing such certificates, licenses, and statements.

Presidential Appointment of FISA Court Judges Act (HR 2761, 113^th Congress) California Representative Adam Schiff introduced this bill amending the Foreign Intelligence Surveillance Act of 1978 (FISA) to require the President, with the advice and consent of the Senate, to publicly designate: (1) the 11 district court judges constituting the Foreign Intelligence Surveillance Court with jurisdiction over applications for electronic surveillance, (2) the 3 judges of the Foreign Intelligence Surveillance Court of Review and (3) the presiding judges of such Courts. Currently, such judges are designated by the Chief Justice.

Privacy Advocate General Act of 2013 (HR 2849, 113^th Congress) Massachusetts Representative Stephen Lynch introduced this bill amending the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish as an independent office in the executive branch the Office of the Privacy Advocate General, to be headed by the Privacy Advocate General who shall be appointed jointly by the Chief Justice of the United States and the senior Associate Justice for a seven-year term. Requires the Privacy Advocate General to: (1) serve as the opposing counsel with respect to any application by the federal government for an order or directive and any review of a certification or targeting procedures under FISA and (2) oppose any federal government request for an order or directive under FISA and any certification or targeting procedures and argue the merits of the opposition before the FISA court, including any arguments relating to constitutionality. The bill would authorize the Privacy Advocate General to: (1) request that the FISA court make publicly available an order, decision, or opinion of the court and (2) file appeals and petition the Supreme Court for a writ of certiorari.

Privacy and Civil Liberties Oversight Enhancement Act. (HR 2108, 114th Congress): Rep. James Hines (CT). Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include the Privacy and Civil Liberties Oversight Board as a recipient of: (1) FISA court procedural rule changes, decisions, and pleadings; (2) the Attorney General's annual report to the Administrative Office of the U.S. Court regarding applications and orders for electronic surveillance; (3) the Attorney General's reports to Congress concerning electronic surveillance, physical searches, pen registers and trap and trace devices, production of business records and other tangible things, the number of persons targeted by the government under FISA authorities, and procedures for targeting persons; (4) reports by the Attorney General and the Director of National Intelligence assessing compliance with minimization procedures for targeting persons reasonably believed to be located outside the United States other than U.S. persons, including reviews of the number of targets who were later determined to be located in the United States; and (5) annual reports of each element of the intelligence community authorized to acquire targeted foreign intelligence information.

Protect Privacy Against Warrantless Government Intrusion Through the Use of Mobile Aerial-View Devices. (S 1595, 114th Congress): Sen. Ron Wyden (OR). A Federal entity shall not use a MAVD (mobile aerial-view device) to surveil property, persons or their effects, or gather evidence or other information pertaining to known or suspected criminal conduct, or conduct that is in violation of a statute or regulation.

Public Disclosure of FISA Decisions. (HR 2454, 114th Congress): Rep. Perry Scott (PA). If a FISA Court issues a decision that determines that surveillance activities conducted by the Government of the United States have violated the laws or Constitution of the United States, the Attorney General shall publicly disclose the decision in a manner consistent with the protection of the national security of the United States.

Public Disclosure of Information Regarding Surveillance Activities (HR 3756, 113^th Congress) This bill, sponsored by Pennsylvania Representative Scott Perry would require the Attorney General to publicly disclose, in a manner consistent with national security, any decision of a court established by the Foreign Intelligence Surveillance Act of 1978 (FISA) that surveillance activities conducted by the U.S. government have violated a particular U.S. law or constitutional provision. It would require the Director of National Intelligence (DNI) to provide information on surveillance activities to Congress, including information regarding the following: (1) whether the National Security Agency (NSA) or any other element of the intelligence community has ever collected, or made plans to collect, the cell-site location information of a large number of U.S. persons with no known connection to suspicious activity; (2) the type and amount of evidence the DNI believes is required to permit the collection of cell-site information for intelligence purposes; (3) whether NSA or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications in an effort to find the communications of a particular U.S. person (other than a corporation) and, if so, the number of such searches or an estimate of such number; (4) when the U.S. government first began relying on authorities under FISA to justify the collection of records with no known connection to suspicious activity; (5) whether representations made to the U.S. Supreme Court by the Department of Justice (DOJ) in the case of Clapper v. Amnesty International USA accurately described the use of authorities under FISA by the government, which of such representations, if any, were inaccurate, and how such representations have been corrected and (6) FISA court opinions that identified violations of the law, the Constitution, or FISA court orders relating to the collection of information under FISA.

Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 (HR 3557, 113^th Congress) This bill, introduced by Arizona Representative Paul Gosar, would amend the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. The bill proposed to require the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service.

Rightsizing Activities of Intelligence Non-Governmental Contractors Act of 2015 or the RAINC Act. (HR 55, 114th Congress): Rep. Jackson Lee (TX). Requires the Director of National Intelligence: (1) to study the extent to which contractors are used in the conduct of intelligence activities and the type of information to which such contractors have access; (2) by December 31, 2015, to submit a report containing the results of the study and a plan for reducing the number of intelligence community contractors with top secret security clearances that are engaged in intelligence activities, including analysis, by 25%; and (3) by December 31, 2016, to make such reduction.

Secure Data Act of 2015 (S135, 114^th Congress) This bill, introduced by Oregon Senator Ron Wyden, prohibits a federal agency from requiring a manufacturer, developer, or seller of any computer hardware, software or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency.

Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act. (HR 2305, 114th Congress): Sen. Ron Wyden (OR). Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board (PCLOB) to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence. Allows intelligence community employees, contractors, or detailees to submit to the PCLOB a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the PCLOB to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees.

Student Privacy Protection Act. (S 1341, 114th Congress): Sen. David Vitter (LA). Amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to prohibit funding of educational agencies or institutions that allow third parties to access student data, unless: the agency or institution, prior to receiving parental consent, notifies parents of the data that would be accessed, that the data will be made available to the third party only if the parent consents, that the parent has the ability to access and correct inaccurate data, and that the agency or institution and the outside party are liable for violations; the agency or institution can ensure that the data can't be used to determine the student's identity; the student data remains the property of the agency or institution and is destroyed when the individual is no longer served by the agency or institution; and the third party agrees to be liable for FERPA violations.

Surveillance Order Reporting Act of 2015. (HR 689, 114th Congress): Rep. Zoe Lofgren (CA). Permits electronic communications or remote computing service providers to report information to the public about requests and demands for information made by any government entity under a surveillance law and exempts such providers from liability with respect to that report even if the provider would otherwise be prohibited by a surveillance law from reporting that information.

Surveillance State Repeal Act (HR 2818, 113^th Congress) This bill, introduced by New Jersey Representative Rush Holt, would radically curtail domestic surveillance by repealing the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Prohibits information relating to a U.S. person from being acquired pursuant to FISA without a valid warrant based on probable cause. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology.

Surveillance State Repeal Act. (HR 1466, 114th Congress): Rep. Mark Pocan (WI). Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction.

Telephone Surveillance Accountability Act of 2013 (HR 2684, 113^th Congress) Massachusetts Representative Stephen Lynch introduced this bill, proposing to amend the Foreign Intelligence Surveillance Act (FISA) of 1978 to prohibit a person from searching telephony metadata acquired pursuant to an order to produce any tangible thing, unless: (1) the Director of the Federal Bureau of Investigation (FBI) makes an application to a FISA court judge that includes a statement of facts showing a reasonable, articulable suspicion that the basis of the search is material and specifically relevant to an authorized investigation and (2) the judge finds that there is such a reasonable, articulable suspicion and enters an order authorizing such search. The bill defines "telephony metadata" to mean communications routing information, including session identifying information, 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 and the time or duration of a call.