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H.R. 2233 (114th): End Warrantless Surveillance of Americans Act

The text of the bill below is as of May 5, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 2233

IN THE HOUSE OF REPRESENTATIVES

May 5, 2015

(for himself, Ms. Lofgren, and Mr. Massie) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select), and in addition to the Committee on the Judiciary, 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 amend the Foreign Intelligence Surveillance Act of 1978 to clarify the prohibition on warrantless searching of collections of communications for United States persons, and for other purposes.

1.

Short title

This Act may be cited as the End Warrantless Surveillance of Americans Act.

2.

Clarification on prohibition on warrantless searching of collections of communications for the communications of United States persons

Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended—

(1)

by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin;

(2)

by striking the purpose and inserting a purpose;

(3)

by striking an acquisition and inserting the following: (1) In general.—In acquisition; and

(4)

by adding at the end the following new paragraph:

(2)

Clarification on prohibition on searching of collections of communications of united states persons

(A)

In general

Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation).

(B)

Concurrent authorization and exception for emergency situations

Subparagraph (A) shall not apply to a search for communications related to a particular United States person if—

(i)

such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;

(ii)

the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or

(iii)

such United States person has consented to the search.

.

3.

Prohibition on warrantless searching of collections of communications collected under executive order for the communications of United States persons

(a)

In general

Section 309 of the Intelligence Authorization Act for Fiscal Year 2015 is amended by adding at the end the following new subparagraph:

(C)

Clarification on prohibition on searching of collections of communications of united states persons

(i)

In general

Except as provided in clause (ii), no officer or employee of the United States may conduct a search of retained covered communications for a particular United States person (other than a corporation).

(ii)

Exception for emergency situations

Clause (i) shall not apply to a search for communications related to a particular United States person if—

(I)

such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order;

(II)

the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or

(III)

such United States person has consented to the search.

.

(b)

Conforming Amendments

Section 309(b)(3)(A) is amended by striking subparagraph (B). and inserting subparagraphs (B) and (C)..

4.

Prohibition on data security vulnerability mandates

(a)

In general

Except as provided in subsection (b), no agency may mandate or request that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.

(b)

Exception

Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).

(c)

Definitions

In this section—

(1)

the term agency has the meaning given the term in section 3502 of title 44, United States Code; and

(2)

the term covered product means any computer hardware, computer software, or electronic device that is made available to the general public.