Title: Liberty Through Strength Act
Policy area: Armed Forces and National Security

Summary:
Liberty Through Strength Act
This bill gives the National Security Agency (NSA) access to business records, telephone call records, and other tangible items collected prior to November 29, 2015, under the Foreign Intelligence Surveillance Act of 1978 (FISA) in the same manner and for the same purposes for which the NSA had access to such records prior to such date. This access is in effect for five years.
The bill amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to make permanent the expiring FISA provision that allows wiretap orders that follow the surveillance target rather than the phone (known as "roving wiretaps").
The bill amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make permanent the expiring FISA provision that revises the definition of "agent of a foreign power" to include any non-U.S. persons who engage in international terrorism or preparatory activities.
The bill amends the FISA Amendments Act of 2008 to make permanent title VII of FISA, which allows the Department of Justice and the Office of the Director of National Intelligence to jointly authorize the electronic surveillance of non-U.S. persons who are outside the United States.
The federal criminal code is amended to expand the categories of transactional records that the Federal Bureau of Investigation may request from wire or electronic communication service providers about a person or entity for an authorized investigation.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1339 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberty Through Strength Act''.

SEC. 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) 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 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.

SEC. 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 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 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 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).

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.--
            ``(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') 
                address or other network address, including any 
                temporarily assigned IP or network address, 
                communication addressing, routing, or transmission 
                information, including any network address translation 
                information, and session times and durations for an 
                electronic communication, except that such information 
                and records shall not include cell site location 
                information, location information derived from a global 
                navigation satellite system, or domain name information 
                beyond the fully qualified domain name.''.
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