II 

115TH CONGRESS 

1ST SESSION S. 1339 

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 

JUNE 12, 2017 

Mr. COTTON (for himself, Mr. BURR, Mr. RUBIO, Mr. CORNYN, Mr. TILLIS, 

Mr. ROBERTS, Mr. THUNE, and Mr. PERDUE) 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. 


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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’’. 

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.— 

6 ‘‘(1) IN GENERAL.—The Director of the Fed7 eral Bureau of Investigation, or his or her designee 

8 in a position not lower than Deputy Assistant Direc9 tor at Bureau headquarters or a Special Agent in 

10 Charge in a Bureau field office designated by the 

11 Director, may, using a term that specifically identi12 fies a person, entity, telephone number, or account 

13 as the basis for a request, request information and 

14 records described in paragraph (2) of a person or 

15 entity, but not the contents of an electronic commu16 nication, if the Director (or his or her designee) cer17 tifies in writing to the wire or electronic communica18 tion service provider to which the request is made 

19 that the information and records sought are relevant 

20 to an authorized investigation to protect against 

21 international terrorism or clandestine intelligence ac22 tivities, provided that such an investigation of a 

23 United States person is not conducted solely on the 

24 basis of activities protected by the First Amendment 

25 to the Constitution of the United States. 


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1 ‘‘(2) OBTAINABLE TYPES OF INFORMATION AND

2 RECORDS.—The information and records described 

3 in this paragraph are the following: 

4 ‘‘(A) Name, physical address, e-mail ad5 dress, telephone number, instrument number, 

6 and other similar account identifying informa7 tion. 

8 ‘‘(B) Account number, login history, length 

9 of service (including start date), types of serv10 ice, and means and sources of payment for 

11 service (including any card or bank account in12 formation). 

13 ‘‘(C) Local and long distance toll billing 

14 records. 

15 ‘‘(D) Internet Protocol (commonly known 

16 as ‘IP’) address or other network address, in17 cluding any temporarily assigned IP or network 

18 address, communication addressing, routing, or 

19 transmission information, including any net20 work address translation information, and ses21 sion times and durations for an electronic com22 munication, except that such information and 

23 records shall not include cell site location infor24 mation, location information derived from a 

25 global navigation satellite system, or domain 


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1 name information beyond the fully qualified do2 main name.’’. 

Æ 


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