[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Referred in Senate (RFS)]

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.

    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,''.

            Passed the House of Representatives March 29, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.