Warrant for Metadata Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5309 Introduced in House (IH)]

<DOC>






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Warrant for Metadata Act''.

SEC. 2. WARRANT REQUIREMENT FOR ELECTRONIC COMMUNICATION SERVICE AND 
              REMOTE COMPUTING 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 electronic 
                communications services of the contents of a wire or 
                electronic communication that has been in electronic 
                storage in an electronic communications 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 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 accordance with regulations 
                prescribed by the President) 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 section 2703(c) of title 18, United States 
        Code, before the date of enactment of this Act.
            (2) Subsequent disclosure; expanded disclosure.--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 enactment 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 
        of this Act shall be treated as a new disclosure under such 
        section (as amended by this Act).
                                 <all>