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§ 2709. —  Counterintelligence access to telephone toll and transactional records.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC2709]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL 
                             RECORDS ACCESS
 
Sec. 2709. Counterintelligence access to telephone toll and 
        transactional records
        
    (a) Duty to Provide.--A wire or electronic communication service 
provider shall comply with a request for subscriber information and toll 
billing records information, or electronic communication transactional 
records in its custody or possession made by the Director of the Federal 
Bureau of Investigation under subsection (b) of this section.
    (b) Required Certification.--The Director of the Federal Bureau of 
Investigation, or his 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--
        (1) request the name, address, length of service, and local and 
    long distance toll billing records of a person or entity if the 
    Director (or his designee) certifies in writing to the wire or 
    electronic communication service provider to which the request is 
    made that the name, address, length of service, and toll billing 
    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; and
        (2) request the name, address, and length of service of a person 
    or entity if the Director (or his designee) certifies in writing to 
    the wire or electronic communication service provider to which the 
    request is made that the information sought is 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 upon 
    the basis of activities protected by the first amendment to the 
    Constitution of the United States.
    (c) Prohibition of Certain Disclosure.--No wire or electronic 
communication service provider, or officer, employee, or agent thereof, 
shall disclose to any person that the Federal Bureau of Investigation 
has sought or obtained access to information or records under this 
section.
    (d) Dissemination by Bureau.--The Federal Bureau of Investigation 
may disseminate information and records obtained under this section only 
as provided in guidelines approved by the Attorney General for foreign 
intelligence collection and foreign counterintelligence investigations 
conducted by the Federal Bureau of Investigation, and, with respect to 
dissemination to an agency of the United States, only if such 
information is clearly relevant to the authorized responsibilities of 
such agency.
    (e) Requirement That Certain Congressional Bodies Be Informed.--On a 
semiannual basis the Director of the Federal Bureau of Investigation 
shall fully inform the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of the 
Senate, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate, 
concerning all requests made under subsection (b) of this section.

(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 
1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491; Pub. L. 
104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat. 3469; Pub. L. 
107-56, title V, Sec. 505(a), Oct. 26, 2001, 115 Stat. 365.)


                               Amendments

    2001--Subsec. (b). Pub. L. 107-56, Sec. 505(a)(1), inserted ``at 
Bureau headquarters or a Special Agent in Charge in a Bureau field 
office designated by the Director'' after ``Deputy Assistant Director'' 
in introductory provisions.
    Subsec. (b)(1). Pub. L. 107-56, Sec. 505(a)(2), struck out ``in a 
position not lower than Deputy Assistant Director'' after ``(or his 
designee'' and substituted ``made that the name, address, length of 
service, and toll billing 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; and'' for ``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''.
    Subsec. (b)(2). Pub. L. 107-56, Sec. 505(a)(3), struck out ``in a 
position not lower than Deputy Assistant Director'' after ``(or his 
designee'' and substituted ``made that the information sought is 
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 upon the 
basis of activities protected by the first amendment to the Constitution 
of the United States.'' for ``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.''
    1996--Subsec. (b)(1). Pub. L. 104-293 inserted ``local and long 
distance'' before ``toll billing records''.
    1993--Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Required 
Certification.--The Director of the Federal Bureau of Investigation (or 
an individual within the Federal Bureau of Investigation designated for 
this purpose by the Director) may request any such information and 
records if the Director (or the Director's designee) certifies in 
writing to the wire or electronic communication service provider to 
which the request is made that--
        ``(1) the information sought is relevant to an authorized 
    foreign counterintelligence investigation; and
        ``(2) 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).''
    Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ``, and the Committee 
on the Judiciary of the House of Representatives and the Committee on 
the Judiciary of the Senate,'' after ``Senate''.



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