[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2344 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2344

 To provide authority for access to certain business records collected 
   under the Foreign Intelligence Surveillance Act of 1978 prior to 
 November 29, 2015, to make the authority for roving surveillance, the 
 authority to treat individual terrorists as agents of foreign powers, 
  and title VII of the Foreign Intelligence Surveillance Act of 1978 
 permanent, and to modify the certification requirements for access to 
   telephone toll and transactional records by the Federal Bureau of 
                 Investigation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2015

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide authority for access to certain business records collected 
   under the Foreign Intelligence Surveillance Act of 1978 prior to 
 November 29, 2015, to make the authority for roving surveillance, the 
 authority to treat individual terrorists as agents of foreign powers, 
  and title VII of the Foreign Intelligence Surveillance Act of 1978 
 permanent, and to modify the certification requirements for access to 
   telephone toll and transactional records by the Federal Bureau of 
                 Investigation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberty Through Strength Act II''.

SEC. 2. ACCESS TO CERTAIN BUSINESS RECORDS COLLECTED UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978 PRIOR TO NOVEMBER 
              29, 2015.

    (a) In General.--Notwithstanding any other provision of law, the 
Director of the National Security Agency shall have access to all 
business records collected under section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) prior to 
November 29, 2015, in the same manner and for the same purposes that 
the Director had access to such records prior to such date.
    (b) Requirement To Maintain Business Records.--Notwithstanding any 
other provision of law, the Director of the National Security Agency 
shall maintain each business record referred to in subsection (a) for 
the 5-year period beginning on the date that such record was acquired 
under section 501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861).
    (c) Effective Period.--The authority for access to business records 
under subsection (a) shall be in effect during the 5-year period 
beginning on the date of the enactment of this Act.

SEC. 3. AUTHORITY FOR ROVING SURVEILLANCE UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 102(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 
50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking 
``and section 105(c)(2) read as they'' and inserting ``reads as it''.

SEC. 4. PERMANENT AUTHORITY FOR INDIVIDUAL TERRORIST 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).

SEC. 5. REPEAL OF SUNSET OF TITLE VII OF THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) Repeal.--Section 403 of the FISA Amendments Act of 2008 (Public 
Law 110-261; 122 Stat. 2474) is amended by striking subsection (b).
    (b) Conforming Amendment.--Section 404 of the FISA Amendments Act 
of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended by 
striking subsection (b).

SEC. 6. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL 
              RECORDS.

    Subsection (b) of section 2709 of title 18, United States Code, is 
amended to read as follows:
    ``(b) Required Certification.--The Director of the Federal Bureau 
of Investigation, or the designee of the Director 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 request the name, address, length of service, local and 
long distance toll billing records, and electronic communications 
transactional records of a person or entity if the Director (or the 
designee) certifies in writing to the wire or electronic communication 
service provider to which the request is made that such information 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 on the basis of activities protected by the first 
amendment to the Constitution of the United States.''.
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