End Warrantless Surveillance of Americans Act

Summary:   End Warrantless Surveillance of Americans Act Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Intelligence Authorization Act for Fiscal Year 2015 to prohibit federal officers or employees from searching for a particular U.S. person (other than a corporation) in: (1) a collection of communications acquired under an authorization by the Attorney General and the Director of National Intelligence to target persons located outside the United States; or (2) nonpublic telephone or electronic communications, including communications in electronic storage, retained in an intelligence collection activity not authorized by court order, subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of communications to or from a U.S. person without the consent of a party to the communication. Provides exceptions that allow searches of such communications for a particular U.S. person if: (1) the U.S. person is the subject of certain orders or emergency authorizations for electronic surveillance or physical search under FISA or the federal criminal code for the effective period of that order, (2) the life or safety of such U.S. person is threatened and the information is sought for the purpose of assisting that person, or (3) the U.S. person consents.  Prohibits a federal agency from requiring or requesting a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products&nbsp;to allow the surveillance of any user or the physical search of such product by any agency. Exempts from such prohibition products used by law enforcement agencies for electronic surveillance as authorized under the Communications Assistance for Law Enforcement Act. 

SECTION 1. SHORT TITLE.

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

SEC. 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.''.

SEC. 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).''.

SEC. 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.