No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2522 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2522
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Mr. Wyden (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell-Site Simulator Warrant Act of
2025''.
SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE.
(a) Prohibition.--Chapter 205 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
``(a) Prohibition of Use.--
``(1) In general.--Except as provided in subsection (d), it
shall be unlawful--
``(A) for any individual or entity to knowingly use
a cell-site simulator in the United States; or
``(B) for an element of the intelligence community
to use a cell-site simulator outside the United States
if the subject of the surveillance is a United States
person.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to authorize a law enforcement agency of a
governmental entity to use a cell-site simulator outside the
United States.
``(b) Penalty.--Any individual or entity that violates subsection
(a)(1) shall be fined not more than $250,000.
``(c) Prohibition of Use as Evidence.--
``(1) In general.--Except as provided in paragraph (2), no
information acquired through the use of a cell-site simulator
in violation of subsection (a)(1), and no evidence derived
therefrom, may be received in evidence in any trial, hearing,
or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof.
``(2) Exception for enforcement.--Information acquired
through the use of a cell-site simulator in violation of
subsection (a)(1) by a person, and evidence derived therefrom,
may be received in evidence in any trial, hearing, or other
proceeding described in paragraph (1) of this subsection
relating to the alleged violation of subsection (a)(1) in
connection with such use.
``(d) Exceptions.--
``(1) In general.--
``(A) Warrant.--
``(i) In general.--Subsection (a)(1) shall
not apply to the use of a cell-site simulator
by a law enforcement agency of a governmental
entity under a warrant issued--
``(I) in accordance with this
subparagraph; and
``(II) using the procedures
described in, and in accordance with
the requirements for executing and
returning a warrant under, the Federal
Rules of Criminal Procedure (or, in the
case of a State court, issued using
State warrant and execution and return
procedures and, in the case of a court-
martial or other proceeding under
chapter 47 of title 10 (the Uniform
Code of Military Justice), issued under
section 846 of that title and in
accordance with the requirements for
executing and returning such a warrant,
in accordance with regulations
prescribed by the President) by a court
of competent jurisdiction.
``(ii) Requirements.--A court may issue a
warrant described in clause (i) (except, with
respect to a State court, to the extent use of
a cell-site simulator by a law enforcement
agency of a governmental entity is prohibited
by the law of the State) only if the law
enforcement agency--
``(I) demonstrates that other
investigative procedures, including
electronic location tracking methods
that solely collect records of the
investigative target--
``(aa) have been tried and
have failed; or
``(bb) reasonably appear to
be--
``(AA) unlikely to
succeed if tried; or
``(BB) too
dangerous;
``(II) specifies the likely area of
effect of the cell-site simulator to be
used and the time that the cell-site
simulator will be in operation;
``(III) certifies that the
requested area of effect and time of
operation are the narrowest reasonably
possible to obtain the necessary
information; and
``(IV) demonstrates that the
requested use of a cell-site simulator
would be in compliance with applicable
provisions of the Communications Act of
1934 (47 U.S.C. 151 et seq.) and the
rules of the Federal Communications
Commission.
``(iii) Considerations.--In considering an
application for a warrant described in clause
(i), the court shall--
``(I) weigh the need of the
government to enforce the law and
apprehend criminals against the
likelihood and impact of any potential
negative side effects disclosed by the
government under subparagraph (C); and
``(II) not grant a request for a
warrant that would put public safety at
risk or unreasonably inconvenience the
community.
``(iv) Period of initial authorization.--No
warrant described in clause (i) may authorize
the use of a cell site simulator for any period
longer than is necessary to achieve the
objective of the authorization, nor in any
event for longer than 30 days.
``(v) Extensions.--
``(I) In general.--A court may
grant extensions of a warrant described
in clause (i), but only upon
application for an extension made in
accordance with clause (i) and the
court considering the factors described
in clause (iii) and determining the
requirements under clause (ii) are met.
``(II) Period of extension.--The
period of an extension of a warrant
shall be no longer than the authorizing
judge determines necessary to achieve
the purposes for which the extension
was granted, nor in any event for
longer than 30 days.
``(vi) Termination provision.--Each warrant
described in clause (i), and each extension
thereof, shall contain a provision that the
authorization to use the cell site simulator
shall be executed as soon as practicable and
shall terminate upon attainment of the
authorized objective, or in any event in 30
days.
``(vii) Start of 30-day periods.--The 30-
day periods described in clauses (iv), (v)(II),
and (vi) shall begin on the earlier of--
``(I) the date on which a law
enforcement agency first begins to use
the cell site simulator as authorized
by the warrant, or extension thereof;
or
``(II) the date that is 10 days
after the warrant, or extension
thereof, is issued.
``(B) Emergency.--
``(i) In general.--Subject to clause (ii),
subsection (a)(1) shall not apply to the use of
a cell-site simulator by a law enforcement
agency of a governmental entity, or use of a
cell-site simulator as part of assistance
provided by a component of the Department of
Defense or an Armed Force to such a law
enforcement agency, if--
``(I) the governmental entity
reasonably determines an emergency
exists that--
``(aa) involves--
``(AA) immediate
danger of death or
serious physical injury
to any person;
``(BB)
conspiratorial
activities
characteristic of
organized crime; or
``(CC) an immediate
threat to a national
security interest; and
``(bb) requires use of a
cell-site simulator before a
warrant described in
subparagraph (A) can, with due
diligence, be obtained; and
``(II) except in an instance in
which the governmental entity is trying
to locate a lost or missing person,
locate someone believed to have been
abducted or kidnapped, or find victims,
dead or alive, in an area where a
natural disaster, terrorist attack, or
other mass casualty event has taken
place--
``(aa) there are grounds
upon which a warrant described
in subparagraph (A) could be
entered to authorize such use;
and
``(bb) the governmental
entity applies for a warrant
described in subparagraph (A)
approving such use not later
than 48 hours after such use
begins, and takes such steps to
expedite the consideration of
such application as may be
possible.
``(ii) Termination of emergency use.--
``(I) In general.--A law
enforcement agency of a governmental
entity shall immediately terminate use
of a cell-site simulator under clause
(i) of this subparagraph at the earlier
of the time the information sought is
obtained or the time the application
for a warrant described in subparagraph
(A) is denied.
``(II) Warrant denied.--If an
application for a warrant described in
clause (i)(II)(bb) is denied--
``(aa) any information or
evidence derived from use of
the cell-site simulator shall
be--
``(AA) subject to
subsection (c); and
``(BB) promptly
destroyed by the
applicable law
enforcement agency; and
``(bb) the applicable law
enforcement agency shall serve
an inventory on each person
named in the application.
``(C) Disclosures required in application.--In any
application for a warrant authorizing the use of a
cell-site simulator under subparagraph (A) or (B), the
governmental entity shall include the following:
``(i) A disclosure of any potential
disruption of the ability of the subject of the
surveillance or bystanders to use commercial
mobile radio services or private mobile
services, including using advanced
communications services, to make or receive, as
applicable--
``(I) emergency calls (including 9-
1-1 calls);
``(II) calls to the universal
telephone number within the United
States for the purpose of the national
suicide prevention and mental health
crisis hotline system designated under
paragraph (4) of section 251(e) of the
Communications Act of 1934 (47 U.S.C.
251(e));
``(III) calls to the nationwide
toll-free number for the poison control
centers established under section 1271
of the Public Health Service Act (42
U.S.C. 300d-71);
``(IV) calls using
telecommunications relay services; or
``(V) any other communications or
transmissions.
``(ii) A certification that the specific
model of the cell-site simulator to be used has
been inspected by a third party that is an
accredited testing laboratory recognized by the
Federal Communications Commission to verify the
accuracy of the disclosure under clause (i).
``(iii) A disclosure of the methods and
precautions that will be used to minimize
disruption, including--
``(I) any limit on the length of
time the cell-site simulator can be in
continuous operation; and
``(II) any user-defined limit on
the transmission range of the cell-site
simulator.
``(iv) A disclosure as to whether the cell-
site simulator will primarily be used at a
gathering where constitutionally protected
activity, including speech, will occur.
``(D) Notice.--
``(i) In general.--Within a reasonable
time, but, subject to clause (ii), not later
than 90 days after the filing of an application
for a warrant authorizing the use of a cell-
site simulator which is denied or the
termination of the period of such a warrant, or
extensions thereof, the issuing or denying
judge shall cause to be served on the persons
named in the warrant or the application, and,
as the judge may determine, in the discretion
of the judge, is in the interest of justice,
other persons about whose devices the
government obtained information with the cell
site simulator, an inventory which shall
include notice of--
``(I) the fact of the entry of the
warrant or the application;
``(II) the date of the entry and
the period of authorized, approved or
disapproved use of a cell-site
simulator, or the denial of the
application; and
``(III) whether, during the
period--
``(aa) information about
their device was, or was not,
obtained by the government;
``(bb) their location was,
or was not, tracked; and
``(cc) their communications
were, or were not, intercepted.
``(ii) Delay of notice.--On an ex parte
showing of good cause to a court of competent
jurisdiction, the serving of the inventory
required under clause (i) may be postponed.
``(2) Foreign intelligence surveillance.--Use of a cell-
site simulator by an element of the intelligence community
shall not be subject to subsection (a)(1) if it is conducted in
a manner that is in accordance with--
``(A) title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
(including testing or training authorized under
paragraph (1) or (3) of section 105(g) of such Act (50
U.S.C. 1805(g)) (including such testing or training
conducted in conjunction with a component of the
Department of Defense or an Armed Force), if any
information obtained during such testing or training
(including metadata) is destroyed after its use for
such testing or training); or
``(B) section 704(c)(1)(E) of such Act (50 U.S.C.
1881c(c)(1)(E)).
``(3) Research.--Subsection (a)(1) shall not apply to the
use of a cell-site simulator in order to engage, in good-faith,
in research or teaching by a person that is not--
``(A) a law enforcement agency of a governmental
entity;
``(B) an element of the intelligence community; or
``(C) acting as an agent thereof.
``(4) Protective services.--
``(A) In general.--Subsection (a)(1) shall not
apply to the use of a cell-site simulator in the
performance of protective duties pursuant to section
3056 of this title, or as otherwise authorized by law.
``(B) Prohibition on use as evidence.--No
information acquired through the use of a cell-site
simulator under the authority under subparagraph (A),
and no evidence derived therefrom, may be received in
evidence in any trial, hearing, or other proceeding in
or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or
other authority of the United States, a State, or a
political subdivision thereof.
``(C) No bar to other authorized use.--Nothing in
subparagraph (A) or (B) shall be construed to prohibit
the United States Secret Service from using a cell-site
simulator in accordance with a provision of this
section other than subparagraph (A).
``(5) Contraband interdiction by correctional facilities.--
Subsection (a)(1) shall not apply to the use of a contraband
interdiction system if the correctional facility or the entity
operating the contraband interdiction system for the benefit of
the correctional facility--
``(A) has--
``(i) taken reasonable steps to restrict
transmissions by the contraband interdiction
system to cellular devices physically located
within the property of the correctional
facility;
``(ii) posted signs around the correctional
facility informing visitors and staff that the
correctional facility employs such a contraband
interdiction system; and
``(iii) complied with any relevant
regulations promulgated by the Federal
Communications Commission and, as applicable,
policies issued by the National
Telecommunications and Information
Administration;
``(B) annually tests and evaluates compliance with
subparagraph (A) in accordance with best practices,
which shall be issued by the Federal Communications
Commission; and
``(C) not later than 10 business days after
identifying an issue relating to the use of the
contraband interdiction system, whether in the course
of normal business operations or conducting testing and
evaluation, submits to the Federal Communications
Commission a report describing the issues identified
and the steps taken to address the issues.
``(6) Testing and training by law enforcement.--Subsection
(a)(1) shall not apply to the use of a cell-site simulator by a
law enforcement agency of a governmental entity in the normal
course of official duties that is not targeted against the
communications of any particular person or persons, under
procedures approved by the Attorney General, solely to--
``(A) test the capability of electronic equipment,
if--
``(i) it is not reasonable to obtain the
consent of the persons incidentally subjected
to the surveillance;
``(ii) the test is limited in extent and
duration to that necessary to determine to
capability of the equipment;
``(iii) any information obtained during
such testing (including metadata) is retained
and used only for the purpose of determining
the capability of the equipment, is disclosed
only to test personnel, and is destroyed before
or immediately upon completion of the test; and
``(iv) the test is for a period of not
longer than 90 days, unless the law enforcement
agency obtains the prior approval of the
Attorney General; or
``(B) train law enforcement personnel in the use of
electronic surveillance equipment, if--
``(i) it is not reasonable to--
``(I) obtain the consent of the
persons incidentally subjected to the
surveillance;
``(II) train persons in the course
of otherwise authorized law enforcement
activities; or
``(III) train persons in the use of
such equipment without engaging in
surveillance;
``(ii) such surveillance is limited in
extent and duration to that necessary to train
the personnel in the use of the equipment; and
``(iii) any information obtained during
such training (including metadata) is destroyed
after its use for such training.
``(7) FCC testing.--Subsection (a)(1) shall not apply to
the use of a cell-site simulator by the Federal Communications
Commission, or an accredited testing laboratory recognized by
the Federal Communications Commission, in order to test the
cell-site simulator.
``(8) Rule of construction.--Nothing in this subsection
shall be construed to exempt a State or local government from
complying with regulations promulgated by the Federal
Communications Commission, including the requirement to obtain
authorization to transmit on spectrum regulated by the Federal
Communications Commission.
``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and
Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of
this section (which shall not include such a use by a component of the
Department of Defense or an Armed Force providing assistance to a law
enforcement agency of a governmental entity under such subsection
(d)(1)(B)), under section 105(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or
(ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully
using a specific model of a cell-site simulator for which the
disclosures required under clauses (i) and (ii) of subsection (d)(1)(C)
were included with respect to the specific model in connection with--
``(1) for use by an element of the intelligence community
under title I of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), an application for an order
under such Act that was approved; or
``(2) for use by a law enforcement agency of a governmental
entity, an application for a warrant--
``(A) under the Federal Rules of Criminal Procedure
that was approved by a judge of the judicial district
in which the law enforcement agency intends to use the
cell-site simulator; or
``(B) using State warrant procedures that was
approved by a judge of the State in which the law
enforcement agency intends to use the cell-site
simulator.
``(f) Minimization.--
``(1) In general.--The Attorney General shall adopt
specific procedures that are reasonably designed to minimize
the acquisition and retention, and prohibit the dissemination,
of information obtained through the use of a cell-site
simulator under an exception under paragraph (1) or (2) of
subsection (d) that pertains to any person who is not an
authorized subject of the use.
``(2) Publication.--The Attorney General shall make
publicly available on the website of the Department of Justice
the procedures adopted under paragraph (1) and any revisions to
such procedures.
``(3) Use by agencies.--If a law enforcement agency of a
governmental entity or element of the intelligence community
acquires information pertaining to a person who is not an
authorized subject of the use of a cell-site simulator under an
exception under paragraph (1) or (2) of subsection (d), the law
enforcement agency or element of the intelligence community
shall--
``(A) minimize the acquisition and retention, and
prohibit the dissemination, of the information in
accordance with the procedures adopted under paragraph
(1); and
``(B) destroy the information (including metadata)
at the earliest possible opportunity.
``(g) Disclosure to Defendant.--Any information acquired through
the operation of a cell-site simulator, or derived from such
information, shall be disclosed to the defendant in any action in which
the information is introduced into evidence.
``(h) Scope of Collection.--
``(1) Authorized use.--Information collected under this
section may only include information identifying nearby
electronic devices communicating with the cell-site simulator
and the strength and direction of transmissions from those
electronic devices.
``(2) Compliance with wiretapping requirements to obtain
contents.--In the case of any interception of a wire or
electronic communication by the cell-site simulator--
``(A) with respect to an interception by a law
enforcement agency of a governmental entity, the
provisions of chapter 119 shall apply in addition to
the provisions of this section; and
``(B) with respect to an interception by an element
of the intelligence community, the element of the
intelligence community may only conduct the
surveillance using the cell-site simulator in
accordance with an order authorizing the use issued in
accordance with title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in
addition to complying with the provisions of this
section.
``(3) Compliance with tracking device requirements.--
``(A) In general.--If a cell-site simulator is to
be used by a law enforcement agency of a governmental
entity to locate or track the movement of a person or
object, the provisions of section 3117 and rule 41 of
the Federal Rules of Criminal Procedure shall apply in
addition to the provisions of this section.
``(B) Court.--For purposes of applying section 3117
and rule 41 of the Federal Rules of Criminal Procedure
to the use of a cell-site simulator, a court may
authorize such use within the jurisdiction of the
court, and outside that jurisdiction if--
``(i) the use commences within that
jurisdiction; or
``(ii) at the time the application is
presented to the court, the governmental entity
certifies that it has probable cause to believe
that the target is physically located within
that jurisdiction.
``(i) Civil Action.--Any person subject to an unlawful operation of
a cell-site simulator may bring a civil action for appropriate relief
(including declaratory and injunctive relief, actual damages, statutory
damages of not more than $500 for each violation, and attorney fees)
against the person, including a governmental entity, that conducted
that unlawful operation before a court of competent jurisdiction.
``(j) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this section, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(k) Definitions.--As used in this section--
``(1) the terms defined in section 2711 have, respectively,
the definitions given such terms in that section;
``(2) the term `advanced communications services' has the
meaning given that term in section 3 of the Communications Act
of 1934 (47 U.S.C. 153);
``(3) the term `cell-site simulator' means any device that
functions as or simulates a base station for commercial mobile
services or private mobile services in order to identify,
locate, or intercept transmissions from cellular devices for
purposes other than providing ordinary commercial mobile
services or private mobile services;
``(4) the term `commercial mobile radio service' has the
meaning given that term in section 20.3 of title 47, Code of
Federal Regulations, or any successor thereto;
``(5) the term `contraband interdiction system' means any
device that functions as or simulates a base station for
commercial mobile services or private mobile services for
purposes of identifying, locating, or intercepting
transmissions from contraband cellular devices in correctional
facilities;
``(6) the term `derived' means, with respect to information
or evidence, that the government would not have originally
possessed the information or evidence but for the use of a
cell-site simulator, and regardless of any claim that the
information or evidence is attenuated from the surveillance
would inevitably have been discovered, or was subsequently
reobtained through other means;
``(7) the term `electronic communication' has the meaning
given that term in section 2510;
``(8) the term `electronic device' has the meaning given
the term `computer' in section 1030(e);
``(9) the term `emergency call' has the meaning given that
term in section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401);
``(10) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
``(11) the term `mitigation' means the deletion of all
information collected about a person who is not the subject of
the warrant or investigation;
``(12) the term `private mobile service' has the meaning
given that term in section 332 of the Communications Act of
1934 (47 U.S.C. 332);
``(13) the term `telecommunications relay service' has the
meaning given that term in section 225 of the Communications
Act of 1934 (47 U.S.C. 225); and
``(14) the term `United States person' has the meaning
given that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) Foreign Intelligence Surveillance Act of 1978 Requirements.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended--
(1) in section 101 (50 U.S.C. 1801), by adding at the end
the following:
``(q) `Cell-site simulator' has the meaning given that term in
section 3119 of title 18, United States Code.'';
(2) in section 102(a) (50 U.S.C. 1802(a)), by adding at the
end the following:
``(5) The Government may only use a cell-site simulator pursuant to
the authority under clause (i) or (ii) of paragraph (1)(A) without
obtaining an order under this title authorizing such use if the
Government has implemented measures that are reasonably likely to limit
the collection activities to--
``(A) means of communications used exclusively between or
among foreign powers, as defined in paragraph (1), (2), or (3)
of section 101(a); or
``(B) property or premises under the open and exclusive
control of a foreign power, as defined in paragraph (1), (2),
or (3) of section 101(a).'';
(3) in section 105 (50 U.S.C. 1805), by adding at the end
the following:
``(k)(1) A judge having jurisdiction under section 103 may issue an
order under this section that authorizes the use of a cell-site
simulator only if the applicant--
``(A) demonstrates that other investigative procedures,
including electronic location tracking methods that solely
collect records of the investigative target--
``(i) have been tried and have failed; or
``(ii) reasonably appear to be--
``(I) unlikely to succeed if tried; or
``(II) too dangerous;
``(B) specifies the likely area of effect of the cell-site
simulator to be used and the time that the cell-site simulator
will be in operation;
``(C) certifies that the requested area of effect and time
of operation are the narrowest reasonably possible to obtain
the necessary information; and
``(D) demonstrates that the requested use of a cell-site
simulator would be in compliance with applicable provisions of
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the
rules of the Federal Communications Commission.
``(2) In any application for an order under this section
authorizing the use of a cell-site simulator, the applicant shall
include the following:
``(A) A disclosure of any potential disruption of the
ability of the subject of the surveillance or bystanders to use
commercial mobile radio services or private mobile services,
including using advanced communications services, to make or
receive, as applicable--
``(i) emergency calls (including 9-1-1 calls);
``(ii) calls to the universal telephone number
within the United States for the purpose of the
national suicide prevention and mental health crisis
hotline system under designated under paragraph (4) of
section 251(e) of the Communications Act of 1934 (47
U.S.C. 251(e));
``(iii) calls to the nationwide toll-free number
for the poison control centers established under
section 1271 of the Public Health Service Act (42
U.S.C. 300d-71);
``(iv) calls using telecommunications relay
services; or
``(v) any other communications or transmissions.
``(B) A certification that the specific model of the cell-
site simulator to be used has been inspected by a third party
that is an accredited testing laboratory recognized by the
Federal Communications Commission to verify the accuracy of the
disclosure under subparagraph (A).
``(C) A disclosure of the methods and precautions that will
be used to minimize disruption, including--
``(i) any limit on the length of time the cell-site
simulator can be in continuous operation; and
``(ii) any user-defined limit on the transmission
range of the cell-site simulator.
``(D) A disclosure as to whether the cell-site simulator
will primarily be used at a gathering where constitutionally
protected activity, including speech, will occur.
``(3) In considering an application for an order under this section
that authorizes the use of a cell-site simulator, the court shall--
``(A) weigh the need of the Government to obtain the
information sought against the likelihood and impact of any
potential negative side effects disclosed by the Government
under paragraph (2); and
``(B) not grant a request for an order that would put
public safety at risk or unreasonably inconvenience the
community.''; and
(4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) if the applicant is seeking to use a cell-
site simulator (as defined in section 101), the
requirements that would apply for the use of a cell-
site simulator in the United States under section
105(k) have been satisfied.''.
(c) Conforming Amendment.--Section 3127 of title 18, United States
Code, is amended--
(1) in paragraph (3) by striking ``but such term does not
include any'' and inserting ``except such term does not include
any cell-site simulator, as that term is defined in section
3119, or''; and
(2) in paragraph (4) by striking ``of any communication''
and inserting ``of any communication, except such term does not
include any cell-site simulator, as that term is defined in
section 3119''.
(d) Inspector General Reports.--
(1) Definition.--In this subsection, the term ``covered
Federal entity'' means--
(A) a law enforcement agency of a department or
agency of the Federal Government; and
(B) an element of the intelligence community (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
(2) Reports.--The Inspector General of the Department of
Justice, the Inspector General of the Department of Homeland
Security, the Inspector General of the Department of Defense,
and the Inspector General of the Intelligence Community shall
annually submit to Congress a joint report, and publish an
unclassified version of the report on the website of each such
inspector general, on--
(A) the overall compliance of covered Federal
entities with this Act and the amendments made by this
Act;
(B) the number of applications by covered Federal
entities for use of a cell-site simulator that were
applied for and the number that were granted;
(C) the number of emergency uses of a cell-site
simulator under section 3119(d)(1)(B) of title 18,
United States Code, as added by this Act;
(D) the number of such emergency uses for which a
court subsequently issued a warrant authorizing the use
and the number of such emergency uses in which an
application for a warrant was denied;
(E) the number of devices that were targeted with a
cell-site simulator, which shall be provided separately
for targeting conducted pursuant to a warrant or court
order and targeting conducted pursuant to an authority
to use a cell-site simulator without a warrant or
order;
(F) the number of devices that were not the target
of the use of a cell-site simulator about which
information was obtained with the cell-site simulator,
which shall--
(i) be provided separately for use
conducted pursuant to a warrant or court order
and use conducted pursuant to an authority to
use a cell-site simulator without a warrant or
order; and
(ii) include the number of such devices
about which the information was not destroyed
as a result of the minimization requirements
under section 3119(f) of title 18, United
States Code, as added by this section, which
shall be provided separately for use conducted
pursuant to a warrant or court order and use
conducted pursuant to an authority to use a
cell-site simulator without a warrant or order;
(G) which components of a law enforcement agency of
a department or agency of the Federal Government are
using cell-site simulators and how many are available
to that component; and
(H) instances in which a law enforcement agency of
a department or agency of the Federal Government made
cell-site simulators available to a State or unit of
local government.
(3) Form of reports.--Each report submitted under paragraph
(2) shall be submitted in unclassified form, but may include a
classified annex.
(e) FCC Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission
shall initiate any proceeding that may be necessary to
promulgate or modify regulations promulgated by the Federal
Communications Commission to implement this Act and the
amendments made by this Act.
(2) Construction.--Nothing in this Act or an amendment made
by this Act shall be construed to expand or contract the
authority of the Federal Communications Commission.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a), (b), (c), and (d) of this section, and the
amendments made by such subsections, shall apply on and after
the date that is 2 years after the date of enactment of this
Act.
(2) Exceptions.--
(A) Definition.--In this paragraph, the term
``cell-site simulator'' has the meaning given that term
in section 3119 of title 18, United States Code, as
added by subsection (a).
(B) Extension for existing cell-site simulators.--
For any model of a cell-site simulator in use before
the date of enactment of this Act, including such use
in a contraband interdiction system at a correctional
facility, if the Attorney General certifies that
additional time is necessary to obtain independent
tests of the model of cell-site simulator, subsections
(a), (b), (c), and (d) of this section, and the
amendments made by such subsections, shall apply to the
use of the model of cell-site simulator on and after
the date that is 3 years after the date of enactment of
this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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