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 author-
ize the Federal Bureau of Investigation to obtain
certain telephone subscriber information.
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 tele-
phone subscriber information.
Be it enacted by the Senate and House of Representa-
tives 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 serv-
ice, 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 pro-
vider 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 inves-
tigation; 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 Assist-
ant Director) certifies in writing to the wire or elec-
tronic communication service provider to which the
request is made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that communica-
tion facilities registered in the name of the per-
son or entity have been used, through the serv-
ices 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 de-
fined in section 101(c) of the Foreign In-
telligence Surveillance Act or clandestine
intelligence activities that involve or may