[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3369 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3369

To amend section 2709 of title 18, United States Code, to clarify that 
 the Government may obtain a specified set of electronic communication 
  transactional records under that section, and to make permanent the 
authority for individual terrorists to be treated as agents of foreign 
    powers under the Foreign Intelligence Surveillance Act of 1978.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2016

Mr. McCain (for himself, Mr. Cornyn, Mr. Cotton, Mr. Burr, Mr. Graham, 
 and Mr. Sessions) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 2709 of title 18, United States Code, to clarify that 
 the Government may obtain a specified set of electronic communication 
  transactional records under that section, and to make permanent the 
authority for individual terrorists to be treated as agents of foreign 
    powers under the Foreign Intelligence Surveillance Act of 1978.

    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 ``Empowering Law Enforcement to Keep 
America Safe Act of 2016''.

SEC. 2. 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:
    ``(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. 3. 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).
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