I 

114TH CONGRESS 

1ST SESSION H. R. 4270 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2015 

Mr. POMPEO introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select), for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Liberty Through 

5 Strength Act II’’. 

6 SEC. 2. ACCESS TO CERTAIN BUSINESS RECORDS COL7 LECTED UNDER THE FOREIGN INTEL8 LIGENCE SURVEILLANCE ACT OF 1978 PRIOR 

9 TO NOVEMBER 29, 2015. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, the Director of the National Security Agency 

12 shall have access to all business records collected under 

13 section 501 of the Foreign Intelligence Surveillance Act 

14 of 1978 (50 U.S.C. 1861) prior to November 29, 2015, 

15 in the same manner and for the same purposes that the 

16 Director had access to such records prior to such date. 

17 (b) REQUIREMENT TO MAINTAIN BUSINESS

18 RECORDS.—Notwithstanding any other provision of law, 

19 the Director of the National Security Agency shall main20 tain each business record referred to in subsection (a) for 

21 the 5-year period beginning on the date that such record 

22 was acquired under section 501 of the Foreign Intelligence 

23 Surveillance Act of 1978 (50 U.S.C. 1861). 

24 (c) EFFECTIVE PERIOD.—The authority for access to 

25 business records under subsection (a) shall be in effect 


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1 during the 5-year period beginning on the date of the en2 actment of this Act. 

3 SEC. 3. AUTHORITY FOR ROVING SURVEILLANCE UNDER 

4 THE FOREIGN INTELLIGENCE SURVEIL5 LANCE ACT OF 1978. 

6 Section 102(b)(1) of the USA PATRIOT Improve7 ment and Reauthorization Act of 2005 (Public Law 109– 

8 177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 

9 U.S.C. 1862 note) is amended by striking ‘‘and section 

10 105(c)(2) read as they’’ and inserting ‘‘reads as it’’. 

11 SEC. 4. PERMANENT AUTHORITY FOR INDIVIDUAL TER12 RORIST TO BE TREATED AS AGENTS OF FOR13 EIGN POWERS UNDER THE FOREIGN INTEL14 LIGENCE SURVEILLANCE ACT OF 1978. 

15 Section 6001 of the Intelligence Reform and Ter16 rorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 

17 amended by striking subsection (b). 

18 SEC. 5. REPEAL OF SUNSET OF TITLE VII OF THE FOREIGN 

19 INTELLIGENCE SURVEILLANCE ACT OF 1978. 

20 (a) REPEAL.—Section 403 of the FISA Amendments 

21 Act of 2008 (Public Law 110–261; 122 Stat. 2474) is 

22 amended by striking subsection (b). 

23 (b) CONFORMING AMENDMENT.—Section 404 of the 

24 FISA Amendments Act of 2008 (Public Law 110–261; 50 

25 U.S.C. 1801 note) is amended by striking subsection (b). 


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1 SEC. 6. COUNTERINTELLIGENCE ACCESS TO TELEPHONE 

2 TOLL AND TRANSACTIONAL RECORDS. 

3 Subsection (b) of section 2709 of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘(b) REQUIRED CERTIFICATION.—The Director of 

6 the Federal Bureau of Investigation, or the designee of 

7 the Director in a position not lower than Deputy Assistant 

8 Director at Bureau headquarters or a Special Agent in 

9 Charge in a Bureau field office designated by the Director, 

10 may request the name, address, length of service, local and 

11 long distance toll billing records, and electronic commu12 nications transactional records of a person or entity if the 

13 Director (or the designee) certifies in writing to the wire 

14 or electronic communication service provider to which the 

15 request is made that such information is relevant to an 

16 authorized investigation to protect against international 

17 terrorism or clandestine intelligence activities, provided 

18 that such an investigation of a United States person is 

19 not conducted solely on the basis of activities protected 

20 by the first amendment to the Constitution of the United 

21 States.’’. 

Æ 


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