Liberty Through Strength Act II

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. 1. Short title This Act may be cited as the Liberty Through Strength Act II 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 (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. 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 50 U.S.C. 1861 50 U.S.C. 1862 and section 105(c)(2) read as they reads as it 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 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 (b) Conforming amendment Section 404 of the FISA Amendments Act of 2008 ( Public Law 110–261 50 U.S.C. 1801 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. .

Summary: Liberty Through Strength Act II This bill requires the National Security Agency (NSA) to have access to business records, telephone call records, and other tangible things collected under the Foreign Intelligence Surveillance Act of 1978 (FISA) prior to November 29, 2015, in the same manner and for the same purposes for which the NSA had access to such records prior to such date (thereby allowing the NSA to access such records in the same manner as prior to the effective date of amendments made by the USA FREEDOM Act of 2015). The NSA must maintain such records for five years after they are acquired. The NSA's authority to access such business records under this Act shall be in effect for five years after enactment of this Act. The bill amends the USA PATRIOT Improvement and Reauthorization Act of 2005, the Intelligence Reform and Terrorism Prevention Act of 2004, and the FISA Amendments Act of 2008 to make permanent expiring FISA provisions concerning: (1) roving electronic surveillance orders, (2) a revised definition of "agent of a foreign power" that includes any non-U.S. persons who engage in international terrorism or preparatory activities (commonly referred to as the "lone wolf" provision), and (3) authority for the Department of Justice and the Director of National Intelligence to authorize the targeting of non-U.S. persons located outside the United States to acquire foreign intelligence information. The federal criminal code is amended to: (1) return procedures for the Federal Bureau of Investigation's (FBI's) access to toll and transactional records to how they operated prior to the USA FREEDOM Act in order to allow the FBI (without using a term that specifically identifies a person, entity, telephone, or account) to request the name, address, length of service, and local and long distance toll billing records of a person or entity if the FBI certifies to the wire or electronic communication service provider that such information is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities; and (2) add electronic communications transactional records as information that the FBI may request under such certification procedures.