End Warrantless Surveillance of Americans Act

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) (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 a purpose (3) by striking an acquisition (1) In general.— (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). 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 (2) the term covered product

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 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.