Empowering Law Enforcement to Keep America Safe Act of 2016

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. Short title This Act may be cited as the Empowering Law Enforcement to Keep America Safe Act of 2016 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 . 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

Summary: Empowering Law Enforcement to Keep America Safe Act of 2016 This bill amends the federal criminal code to expand the categories of subscriber transactional records that the Federal Bureau of Investigation (FBI) may request from wire or electronic communication service providers about a person or entity for an authorized investigation to protect against international terrorism or clandestine intelligence activities. Under current law, the FBI may request a person's or an entity's name, address, length of service, and telephone toll billing records. The bill allows the FBI to also request: email addresses, telephone numbers, instrument numbers, or other account identifying information; means and sources of payment (including card or bank account information); account numbers, login history, service start dates, or types of services; IP addresses or network addresses; or communication addressing, routing, or transmission information (excluding cell tower information), session times, or durations for an electronic communication. The bill prohibits the FBI from requesting the contents of an electronic communication. The bill also amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make permanent the government's authority to track a non-U.S. person who engages in international terrorism or preparatory activities (commonly referred to as a "lone wolf") under the same evidentiary standards that apply to an agent of a foreign power under the Foreign Intelligence Surveillance Act of 1978. (Currently, this provision is scheduled to expire on December 15, 2019.)