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 Com-
mittee on the Judiciary, and in addition to the Select Committee on Intel-
ligence (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 au-
thority 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 re-
quirements for access to telephone toll and transactional 
records by the Federal Bureau of Investigation, and for 
other purposes. 
VerDate Sep 11 2014 
23:45 Dec 21, 2015
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4270.IH
H4270
SSpencer on DSK4SPTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Liberty Through 
Strength Act II’’. 
SEC. 2. ACCESS TO CERTAIN BUSINESS RECORDS COL-
LECTED 
UNDER 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978 PRIOR 
TO NOVEMBER 29, 2015. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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) prior to November 29, 2015, 
in the same manner and for the same purposes that the 
Director had access to such records prior to such date. 
(b) 
REQUIREMENT
TO
MAINTAIN
BUSINESS 
RECORDS.—Notwithstanding any other provision of law, 
the Director of the National Security Agency shall main-
tain 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 
VerDate Sep 11 2014 
23:45 Dec 21, 2015
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4270.IH
H4270
SSpencer on DSK4SPTVN1PROD with BILLS
during the 5-year period beginning on the date of the en-
actment of this Act. 
SEC. 3. AUTHORITY FOR ROVING SURVEILLANCE UNDER 
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE ACT OF 1978. 
Section 102(b)(1) of the USA PATRIOT Improve-
ment and Reauthorization Act of 2005 (Public Law 109– 
177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 
U.S.C. 1862 note) is amended by striking ‘‘and section 
105(c)(2) read as they’’ and inserting ‘‘reads as it’’. 
SEC. 4. PERMANENT AUTHORITY FOR INDIVIDUAL TER-
RORIST TO BE TREATED AS AGENTS OF FOR-
EIGN POWERS UNDER THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
Section 6001 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (50 U.S.C. 1801 note) is 
amended by striking subsection (b). 
SEC. 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; 122 Stat. 2474) is 
amended by striking subsection (b). 
(b) CONFORMING AMENDMENT.—Section 404 of the 
FISA Amendments Act of 2008 (Public Law 110–261; 50 
U.S.C. 1801 note) is amended by striking subsection (b). 
VerDate Sep 11 2014 
23:45 Dec 21, 2015
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4270.IH
H4270
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 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 commu-
nications 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.’’. 
Æ 
VerDate Sep 11 2014 
23:45 Dec 21, 2015
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4270.IH
H4270
SSpencer on DSK4SPTVN1PROD with BILLS