[Page: S9164]

(Ordered to lie on the table.)

Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 1241, supra, as follows:

At the appropriate place, insert the following:

SEC. . FEDERAL BUREAU OF INVESTIGATION ACCESS TO CERTAIN TELEPHONE SUBSCRIBER INFORMATION.

(a) 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 in the Intelligence Division, may--

`(1) request the name, address, length of service, and toll billing records 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 postion not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service porvider 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 or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States.'.

(b) 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,'.

END