I 

114TH CONGRESS 

1ST SESSION H. R. 2233 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2015 

Mr. POE of Texas (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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Warrantless Sur5 veillance of Americans Act’’. 


ebenthall on DSK5SPTVN1PROD with BILLS
2 

•HR 2233 IH

1 SEC. 2. CLARIFICATION ON PROHIBITION ON 

2 WARRANTLESS SEARCHING OF COLLECTIONS 

3 OF COMMUNICATIONS FOR THE COMMUNICA4 TIONS OF UNITED STATES PERSONS. 

5 Section 702(b) of the Foreign Intelligence Surveil6 lance Act of 1978 (50 U.S.C. 1881a(b)) is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (5) as subparagraphs (A) through (E), respectively, 

9 and indenting such subparagraphs, as so redesig10 nated, an additional two ems from the left margin; 

11 (2) by striking ‘‘the purpose’’ and inserting ‘‘a 

12 purpose’’; 

13 (3) by striking ‘‘an acquisition’’ and inserting 

14 the following: ‘‘(1) IN GENERAL.—In acquisition’’; 

15 and 

16 (4) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) CLARIFICATION ON PROHIBITION ON

19 SEARCHING OF COLLECTIONS OF COMMUNICATIONS

20 OF UNITED STATES PERSONS.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), no officer or employee of the 

23 United States may conduct a search of a collec24 tion of communications acquired under this sec25 tion in an effort to find communications of a 


ebenthall on DSK5SPTVN1PROD with BILLS
3 

•HR 2233 IH

1 particular United States person (other than a 

2 corporation). 

3 ‘‘(B) CONCURRENT AUTHORIZATION AND

4 EXCEPTION FOR EMERGENCY SITUATIONS.— 

5 Subparagraph (A) shall not apply to a search 

6 for communications related to a particular 

7 United States person if— 

8 ‘‘(i) such United States person is the 

9 subject of an order or emergency author10 ization authorizing electronic surveillance 

11 or physical search under section 105, 304, 

12 703, 704, or 705, or title 18, United 

13 States Code, for the effective period of that 

14 order; 

15 ‘‘(ii) the entity carrying out the 

16 search has a reasonable belief that the life 

17 or safety of such United States person is 

18 threatened and the information is sought 

19 for the purpose of assisting that person; or 

20 ‘‘(iii) such United States person has 

21 consented to the search.’’. 


ebenthall on DSK5SPTVN1PROD with BILLS
4 

•HR 2233 IH

1 SEC. 3. PROHIBITION ON WARRANTLESS SEARCHING OF 

2 COLLECTIONS OF COMMUNICATIONS COL3 LECTED UNDER EXECUTIVE ORDER FOR THE 

4 COMMUNICATIONS OF UNITED STATES PER5 SONS. 

6 (a) IN GENERAL.—Section 309 of the Intelligence 

7 Authorization Act for Fiscal Year 2015 is amended by 

8 adding at the end the following new subparagraph: 

9 ‘‘(C) CLARIFICATION ON PROHIBITION ON

10 SEARCHING OF COLLECTIONS OF COMMUNICA11 TIONS OF UNITED STATES PERSONS.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), no officer or employee 

14 of the United States may conduct a search 

15 of retained covered communications for a 

16 particular United States person (other 

17 than a corporation). 

18 ‘‘(ii) EXCEPTION FOR EMERGENCY

19 SITUATIONS.—Clause (i) shall not apply to 

20 a search for communications related to a 

21 particular United States person if— 

22 ‘‘(I) such United States person is 

23 the subject of an order or emergency 

24 authorization authorizing electronic 

25 surveillance or physical search under 

26 section 105, 304, 703, 704, or 705, or 


ebenthall on DSK5SPTVN1PROD with BILLS
5 

•HR 2233 IH

1 title 18, United States Code, for the 

2 effective period of that order; 

3 ‘‘(II) the entity carrying out the 

4 search has a reasonable belief that the 

5 life or safety of such United States 

6 person is threatened and the informa7 tion is sought for the purpose of as8 sisting that person; or 

9 ‘‘(III) such United States person 

10 has consented to the search.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 

12 309(b)(3)(A) is amended by striking ‘‘subparagraph (B).’’ 

13 and inserting ‘‘subparagraphs (B) and (C).’’. 

14 SEC. 4. PROHIBITION ON DATA SECURITY VULNERABILITY 

15 MANDATES. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), no agency may mandate or request that a manufac18 turer, developer, or seller of covered products design or 

19 alter the security functions in its product or service to 

20 allow the surveillance of any user of such product or serv21 ice, or to allow the physical search of such product, by 

22 any agency. 

23 (b) EXCEPTION.—Subsection (a) shall not apply to 

24 mandates authorized under the Communications Assist25 ance for Law Enforcement Act (47 U.S.C. 1001 et seq.). 


ebenthall on DSK5SPTVN1PROD with BILLS
6 

•HR 2233 IH

1 (c) DEFINITIONS.—In this section— 

2 (1) the term ‘‘agency’’ has the meaning given 

3 the term in section 3502 of title 44, United States 

4 Code; and 

5 (2) the term ‘‘covered product’’ means any com6 puter hardware, computer software, or electronic de7 vice that is made available to the general public. 

Æ 


ebenthall on DSK5SPTVN1PROD with BILLS