Union Calendar No. 22

103D CONGRESS

1ST SESSION H. R. 175

[Report No. 103–46]

A BILL

To amend title 18, United States Code, to authorcertain telephone subscriber information. ize the Federal Bureau of Investigation to obtain

MARCH 29, 1993

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 22

103D CONGRESS

1ST SESSION H. R. 175

[Report No. 103–46]

To amend title 18, United States Code, to authorize the Federal Bureau

of Investigation to obtain certain telephone subscriber information.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. EDWARDS of California (for himself and Mr. HYDE) introduced the

following bill; which was referred to the Committee on the Judiciary

MARCH 29, 1993

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 18, United States Code, to authorize the

Federal Bureau of Investigation to obtain certain telephone subscriber information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REQUIRED CERTIFICATION.

4 Section 2709(b) of title 18, United States Code, is

5 amended to read as follows:
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1 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

2 the Federal Bureau of Investigation, or his designee in

3 a position not lower than Deputy Assistant Director,

4 may—

5 ‘‘(1) request the name, address, length of serv6 ice, and toll billing records of a person or entity if

7 the Director (or his designee in a position not lower

8 than Deputy Assistant Director) certifies in writing

9 to the wire or electronic communication service pro10 vider to which the request is made that—

11 ‘‘(A) the name, address, length of service,

12 and toll billing records sought are relevant to

13 an authorized foreign counterintelligence inves14 tigation; and

15 ‘‘(B) there are specific and articulable

16 facts giving reason to believe that the person or

17 entity to whom the information sought pertains

18 is a foreign power or an agent of a foreign

19 power as defined in section 101 of the Foreign

20 Intelligence Surveillance Act of 1978 (50

21 U.S.C. 1801); and

22 ‘‘(2) request the name, address, and length of

23 service of a person or entity if the Director (or his

24 designee in a position not lower than Deputy Assist25 ant Director) certifies in writing to the wire or elec-
3

•HR 175 RH

1 tronic communication service provider to which the

2 request is made that—

3 ‘‘(A) the information sought is relevant to

4 an authorized foreign counterintelligence inves5 tigation; and

6 ‘‘(B) there are specific and articulable

7 facts giving reason to believe that communica8 tion facilities registered in the name of the per9 son or entity have been used, through the serv10 ices of such provider, in communication with—

11 ‘‘(i) an individual who is engaging or

12 has engaged in international terrorism as

13 defined in section 101(c) of the Foreign

14 Intelligence Surveillance Act or clandestine

15 intelligence activities that involve or may

16 involve a violation of the criminal statutes

17 of the United States; or

18 ‘‘(ii) a foreign power or an agent of a

19 foreign power under circumstances giving

20 reason to believe that the communication

21 concerned international terrorism as de22 fined in section 101(c) of the Foreign In23 telligence Surveillance Act or clandestine

24 intelligence activities that involve or may
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•HR 175 RH

1 involve a violation of the criminal statutes

2 of the United States.’’.

3 SEC. 2. REPORT TO JUDICIARY COMMITTEES.

4 Section 2709(e) of title 18, United States Code, is

5 amended by adding after ‘‘Senate’’ the following: ‘‘, and

6 the Committee on the Judiciary of the House of Rep7 resentatives and the Committee on the Judiciary of the

8 Senate,’’.