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US S2295

US S2295
Liberty Through Strength Act


summary

Introduced
11/17/2015
In Committee
11/17/2015
Crossed Over
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

Liberty Through Strength Act This bill amends the USA FREEDOM Act of 2015 to postpone amendments to the Foreign Intelligence Surveillance Act of 1978 (FISA) that: (1) require the Federal Bureau of Investigation to use specific selection terms when applying for FISA court orders requiring the production of business records or other tangible things for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities; (2) establish additional requirements for production on an ongoing basis of call detail records relating to an authorized investigation to protect against international terrorism; and (3) authorize the Department of Justice to require the emergency production of tangible things without first obtaining a court order. The bill postpones the effective date of these amendments, which are currently scheduled to take effect 180 days after the USA FREEDOM Act was enacted on June 2, 2015, to: (1) January 31, 2017; or (2) the date that the President certifies to Congress that such amendments will have no operational impacts on the intelligence community. The bill also amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to make permanent expiring FISA authorities concerning: (1) roving electronic surveillance orders, and (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).

AI Summary

This bill, the Liberty Through Strength Act, proposes to delay certain changes to the Foreign Intelligence Surveillance Act of 1978 (FISA) that were set to take effect in 2015. These changes would have required the FBI to use specific search terms when seeking business records for foreign intelligence investigations not involving U.S. persons, added requirements for ongoing production of call detail records related to terrorism investigations, and allowed the Department of Justice to obtain tangible items in emergencies without a court order. The bill postpones these provisions until January 31, 2017, or until the President certifies to Congress that they won't negatively impact the intelligence community's operations. Additionally, the bill makes permanent two expiring FISA authorities: one allowing roving electronic surveillance orders, which permit surveillance to follow a person rather than a specific location, and another, often called the "lone wolf" provision, which allows non-U.S. persons engaging in international terrorism or related preparatory activities to be treated as agents of a foreign power.

Committee Categories

Justice

Sponsors (13)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 11/17/2015)

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