II

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

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Committee discharged

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—
2

•HR 175 CDS

1 ‘‘(1) request the name, address, length of serv2 ice, and toll billing records of a person or entity if

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

4 than Deputy Assistant Director) certifies in writing

5 to the wire or electronic communication service pro6 vider to which the request is made that—

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

8 and toll billing records sought are relevant to

9 an authorized foreign counterintelligence inves10 tigation; and

11 ‘‘(B) there are specific and articulable

12 facts giving reason to believe that the person or

13 entity to whom the information sought pertains

14 is a foreign power or an agent of a foreign

15 power as defined in section 101 of the Foreign

16 Intelligence Surveillance Act of 1978 (50

17 U.S.C. 1801); and

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

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

20 designee in a position not lower than Deputy Assist21 ant Director) certifies in writing to the wire or elec22 tronic communication service provider to which the

23 request is made that—
3

•HR 175 CDS

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

2 an authorized foreign counterintelligence inves3 tigation; and

4 ‘‘(B) there are specific and articulable

5 facts giving reason to believe that communica6 tion facilities registered in the name of the per7 son or entity have been used, through the serv8 ices of such provider, in communication with—

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

10 has engaged in international terrorism as

11 defined in section 101(c) of the Foreign

12 Intelligence Surveillance Act or clandestine

13 intelligence activities that involve or may

14 involve a violation of the criminal statutes

15 of the United States; or

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

17 foreign power under circumstances giving

18 reason to believe that the communication

19 concerned international terrorism as de20 fined in section 101(c) of the Foreign In21 telligence Surveillance Act or clandestine

22 intelligence activities that involve or may

23 involve a violation of the criminal statutes

24 of the United States.’’.
4

•HR 175 CDS

1 SEC. 2. REPORT TO JUDICIARY COMMITTEES.

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

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

4 the Committee on the Judiciary of the House of Rep5 resentatives and the Committee on the Judiciary of the

6 Senate,’’.

Passed the House of Representatives March 29,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.