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AMENDMENT

TO THE
FOR

OFFERED

BY

RULES COMMITTEE PRINT
H.R. 2596

MS. LOFGREN

OF

CALIFORNIA

Page 29, after line 11, insert the following:
1

SEC. 317. PROHIBITION ON USING FUNDS TO CONDUCT

2

WARRANTLESS SEARCHING OF COLLECTIONS

3

OF COMMUNICATIONS FOR THE COMMUNICA-

4

TIONS OF UNITED STATES PERSONS.

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(a) PROHIBITION.—Except as provided in subpara-

6 graph (b), none of the funds authorized to be appropriated
7 by this Act may be used by an officer or employee of the
8 United States to conduct a search of a collection of com9 munications acquired under section 702 of the Foreign In10 telligence Surveillance Act of 1978 (50 U.S.C. 1881a) in
11 an effort to find communications of a particular United
12 States person (other than a corporation).
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(b) EXCEPTION.—Subparagraph (a) shall not apply

14 to a search for communications related to a particular
15 United States person if—
16

(1) such United States person is the subject of

17

an order or emergency authorization authorizing

18

electronic surveillance or physical search under sec-

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tion 105, 304, 703, 704, or 705, or title 18, United

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States Code, for the effective period of that order;

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(2) the entity carrying out the search has a rea-

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sonable belief that the life or safety of such United

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States person is threatened and the information is

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sought for the purpose of assisting that person; or

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(3) such United States person has consented to

8
9

the search.
SEC. 318. PROHIBITION ON USING FUNDS FOR DATA SECU-

10
11

RITY VULNERABILITY MANDATES.

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

12 (b), none of the funds authorized to be appropriated by
13 this Act may be used by an officer or employee of the
14 United States to mandate or request that a manufacturer,
15 developer, or seller of covered products design or alter the
16 security functions in its product or service to allow the
17 surveillance of any user of such product or service, or to
18 allow the physical search of such product, by any agency.
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(b) EXCEPTION.—Subsection (a) shall not apply to

20 mandates authorized under the Communications Assist21 ance for Law Enforcement Act (47 U.S.C. 1001 et seq.).
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(c) DEFINITIONS.—In this section—

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

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the term in section 3502 of title 44, United States

25

Code; and

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(2) the term ‘‘covered product’’ means any com-

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puter hardware, computer software, or electronic de-

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vice that is made available to the general public.

◊

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