S.Amdt. 5037

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).
______