103D CONGRESS

1ST SESSION H. R. 175

IN THE SENATE OF THE UNITED STATES

MARCH 31 (legislative day, MARCH 3), 1993

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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:

6 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

7 the Federal Bureau of Investigation, or his designee in

8 a position not lower than Deputy Assistant Director,

9 may—

10 ‘‘(1) request the name, address, length of serv11 ice, and toll billing records of a person or entity if

12 the Director (or his designee in a position not lower
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1 than Deputy Assistant Director) certifies in writing

2 to the wire or electronic communication service pro3 vider to which the request is made that—

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

5 and toll billing records sought are relevant to

6 an authorized foreign counterintelligence inves7 tigation; and

8 ‘‘(B) there are specific and articulable

9 facts giving reason to believe that the person or

10 entity to whom the information sought pertains

11 is a foreign power or an agent of a foreign

12 power as defined in section 101 of the Foreign

13 Intelligence Surveillance Act of 1978 (50

14 U.S.C. 1801); and

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

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

17 designee in a position not lower than Deputy Assist18 ant Director) certifies in writing to the wire or elec19 tronic communication service provider to which the

20 request is made that—

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

22 an authorized foreign counterintelligence inves23 tigation; and

24 ‘‘(B) there are specific and articulable

25 facts giving reason to believe that communica-
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1 tion facilities registered in the name of the per2 son or entity have been used, through the serv3 ices of such provider, in communication with—

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

5 has engaged in international terrorism as

6 defined in section 101(c) of the Foreign

7 Intelligence Surveillance Act or clandestine

8 intelligence activities that involve or may

9 involve a violation of the criminal statutes

10 of the United States; or

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

12 foreign power under circumstances giving

13 reason to believe that the communication

14 concerned international terrorism as de15 fined in section 101(c) of the Foreign In16 telligence Surveillance Act or clandestine

17 intelligence activities that involve or may

18 involve a violation of the criminal statutes

19 of the United States.’’.

20 SEC. 2. REPORT TO JUDICIARY COMMITTEES.

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

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

23 the Committee on the Judiciary of the House of Rep-
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1 resentatives and the Committee on the Judiciary of the

2 Senate,’’.

Passed the House of Representatives March 29,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.