`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Enrolled Bill (ENR)]

        H.R.175
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

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

        tion to obtain certain telephone subscriber information.

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

SECTION 1. REQUIRED CERTIFICATION.

    Section 2709(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Required Certification.--The Director of the Federal Bureau of 
Investigation, or his designee in a position not lower than Deputy 
Assistant Director, may--
        ``(1) request the name, address, length of service, and toll 
    billing records of a person or entity if the Director (or his 
    designee in a position not lower than Deputy Assistant Director) 
    certifies in writing to the wire or electronic communication service 
    provider to which the request is made that--
            ``(A) the name, address, length of service, and toll billing 
        records sought are relevant to an authorized foreign 
        counterintelligence investigation; and
            ``(B) there are specific and articulable facts giving reason 
        to believe that the person or entity to whom the information 
        sought pertains is a foreign power or an agent of a foreign 
        power as defined in section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801); and
        ``(2) request the name, address, and length of service of a 
    person or entity if the Director (or his designee in a position not 
    lower than Deputy Assistant Director) certifies in writing to the 
    wire or electronic communication service provider to which the 
    request is made that--
            ``(A) the information sought is relevant to an authorized 
        foreign counterintelligence investigation; and
            ``(B) there are specific and articulable facts giving reason 
        to believe that communication facilities registered in the name 
        of the person or entity have been used, through the services of 
        such provider, in communication with--
                ``(i) an individual who is engaging or has engaged in 
            international terrorism as defined in section 101(c) of the 
            Foreign Intelligence Surveillance Act or clandestine 
            intelligence activities that involve or may involve a 
            violation of the criminal statutes of the United States; or
                ``(ii) a foreign power or an agent of a foreign power 
            under circumstances giving reason to believe that the 
            communication concerned international terrorism as defined 
            in section 101(c) of the Foreign Intelligence Surveillance 
            Act or clandestine intelligence activities that involve or 
            may involve a violation of the criminal statutes of the 
            United States.''.

SEC. 2. REPORT TO JUDICIARY COMMITTEES.

    Section 2709(e) of title 18, United States Code, is amended by 
adding after ``Senate'' the following: ``, and the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate,''.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.`