[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Senate]
[Pages S5511-S5512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5037. Mr. McCAIN (for himself, Mr. Cornyn, Mr. Cotton, Mr. 
Sessions, Mr. Burr, and Mr. Graham) submitted an amendment intended to 
be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, to provide 
for the conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
                   TRANSACTIONAL RECORDS.

       Section 2709 of title 18, United States Code, is amended by 
     striking subsection (b) and inserting the following:

[[Page S5512]]

       ``(b) Required Certification.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, or his or her designee in a position not lower 
     than Deputy Assistant Director at Bureau headquarters or a 
     Special Agent in Charge in a Bureau field office designated 
     by the Director, may, using a term that specifically 
     identifies a person, entity, telephone number, or account as 
     the basis for a request, request information and records 
     described in paragraph (2) of a person or entity, but not the 
     contents of an electronic communication, if the Director (or 
     his or her designee) certifies in writing to the wire or 
     electronic communication service provider to which the 
     request is made that the information and records sought are 
     relevant to an authorized investigation to protect against 
     international terrorism or clandestine intelligence 
     activities, provided that such an investigation of a United 
     States person is not conducted solely on the basis of 
     activities protected by the first amendment to the 
     Constitution of the United States.
       ``(2) Obtainable types of information and records.--The 
     information and records described in this paragraph are the 
     following:
       ``(A) Name, physical address, e-mail address, telephone 
     number, instrument number, and other similar account 
     identifying information.
       ``(B) Account number, login history, length of service 
     (including start date), types of service, and means and 
     sources of payment for service (including any card or bank 
     account information).
       ``(C) Local and long distance toll billing records.
       ``(D) Internet Protocol (commonly known as `IP') address or 
     other network address, including any temporarily assigned IP 
     or network address, communication addressing, routing, or 
     transmission information, including any network address 
     translation information (but excluding cell tower 
     information), and session times and durations for an 
     electronic communication.''.

     SEC. 80__. PERMANENT AUTHORITY FOR INDIVIDUAL TERRORISTS TO 
                   BE TREATED AS AGENTS OF FOREIGN POWERS UNDER 
                   THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
                   1978.

       Section 6001 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by 
     striking subsection (b).
                                 ______