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 Intel-
ligence (Permanent Select), and in addition to the Committee on the Ju-
diciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘End Warrantless Sur-
veillance of Americans Act’’. 
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SEC. 
2. 
CLARIFICATION 
ON 
PROHIBITION 
ON 
WARRANTLESS SEARCHING OF COLLECTIONS 
OF COMMUNICATIONS FOR THE COMMUNICA-
TIONS OF UNITED STATES PERSONS. 
Section 702(b) of the Foreign Intelligence Surveil-
lance 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 redesig-
nated, 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 collec-
tion of communications acquired under this sec-
tion in an effort to find communications of a 
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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 author-
ization 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.’’. 
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SEC. 3. PROHIBITION ON WARRANTLESS SEARCHING OF 
COLLECTIONS OF COMMUNICATIONS COL-
LECTED UNDER EXECUTIVE ORDER FOR THE 
COMMUNICATIONS OF UNITED STATES PER-
SONS. 
(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 COMMUNICA-
TIONS OF UNITED STATES PERSONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided 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 
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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 informa-
tion is sought for the purpose of as-
sisting 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 manufac-
turer, 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 serv-
ice, 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 Assist-
ance for Law Enforcement Act (47 U.S.C. 1001 et seq.). 
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(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 com-
puter hardware, computer software, or electronic de-
vice that is made available to the general public. 
Æ 
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