II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Empowering Law En3 forcement to Keep America Safe Act of 2016’’. 

4 SEC. 2. COUNTERINTELLIGENCE ACCESS TO TELEPHONE 

5 TOLL AND TRANSACTIONAL RECORDS. 

6 Section 2709 of title 18, United States Code, is 

7 amended by striking subsection (b) and inserting the fol8 lowing: 

9 ‘‘(b) REQUIRED CERTIFICATION.— 

10 ‘‘(1) IN GENERAL.—The Director of the Fed11 eral Bureau of Investigation, or his or her designee 

12 in a position not lower than Deputy Assistant Direc13 tor at Bureau headquarters or a Special Agent in 

14 Charge in a Bureau field office designated by the 

15 Director, may, using a term that specifically identi16 fies a person, entity, telephone number, or account 

17 as the basis for a request, request information and 

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

19 entity, but not the contents of an electronic commu20 nication, if the Director (or his or her designee) cer21 tifies in writing to the wire or electronic communica22 tion service provider to which the request is made 

23 that the information and records sought are relevant 

24 to an authorized investigation to protect against 

25 international terrorism or clandestine intelligence ac26 tivities, provided that such an investigation of a 


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1 United States person is not conducted solely on the 

2 basis of activities protected by the first amendment 

3 to the Constitution of the United States. 

4 ‘‘(2) OBTAINABLE TYPES OF INFORMATION AND

5 RECORDS.—The information and records described 

6 in this paragraph are the following: 

7 ‘‘(A) Name, physical address, e-mail ad8 dress, telephone number, instrument number, 

9 and other similar account identifying informa10 tion. 

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

12 of service (including start date), types of serv13 ice, and means and sources of payment for 

14 service (including any card or bank account in15 formation). 

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

17 records. 

18 ‘‘(D) Internet Protocol (commonly known 

19 as ‘IP’) address or other network address, in20 cluding any temporarily assigned IP or network 

21 address, communication addressing, routing, or 

22 transmission information, including any net23 work address translation information (but ex24 cluding cell tower information), and session 


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1 times and durations for an electronic commu2 nication.’’. 

3 SEC. 3. PERMANENT AUTHORITY FOR INDIVIDUAL TER4 RORISTS TO BE TREATED AS AGENTS OF FOR5 EIGN POWERS UNDER THE FOREIGN INTEL6 LIGENCE SURVEILLANCE ACT OF 1978. 

7 Section 6001 of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 

9 amended by striking subsection (b). 

Æ 


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