[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4051 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4051

To improve the ability of law enforcement agencies to access encrypted 
                     data, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2020

Mr. Graham (for himself, Mr. Cotton, and Mrs. Blackburn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve the ability of law enforcement agencies to access encrypted 
                     data, 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 ``Lawful Access to Encrypted Data 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--DATA AT REST

Sec. 101. Data at rest.
                        TITLE II--DATA IN MOTION

Sec. 201. Assistance.
Sec. 202. Capability.
Sec. 203. CALEA amendment.
              TITLE III--ASSISTANCE CAPABILITY DIRECTIVES

Sec. 301. Assistance capability directives.
          TITLE IV--PEN REGISTER AND TRAP AND TRACE AMENDMENTS

Sec. 401. Capability requirements.
Sec. 402. Defining technical assistance.
                        TITLE V--FISA AMENDMENTS

Sec. 501. Electronic surveillance within the United States for foreign 
                            intelligence purposes.
Sec. 502. Physical searches within the United States for foreign 
                            intelligence purposes.
Sec. 503. Pen register; trap and trace.
Sec. 504. Business records.
Sec. 505. Certain acquisitions inside the United States targeting 
                            United States persons outside the United 
                            States.
                      TITLE VI--PRIZE COMPETITION

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Prize competition.
Sec. 604. Implementation.
Sec. 605. Judges.
Sec. 606. Report to Congress.
Sec. 607. Authorization of appropriations.
Sec. 608. Termination of authority.
                   TITLE VII--LAWFUL ACCESS TRAINING

Sec. 701. Lawful access training program.
                       TITLE VIII--EFFECTIVE DATE

Sec. 801. Effective date.

                         TITLE I--DATA AT REST

SEC. 101. DATA AT REST.

    (a) In General.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3119. Assistance orders to third parties and capability 
              requirements
    ``(a) Definitions.--In this section--
            ``(1) the term `consumer electronic device' means a device 
        that--
                    ``(A) may be purchased by a member of the general 
                public; and
                    ``(B) can be configured to store 1 gigabyte of data 
                or more;
            ``(2) the term `court of competent jurisdiction' means--
                    ``(A) a district court of the United States 
                (including a magistrate judge of such a court) or a 
                United States court of appeals; and
                    ``(B) a court of general criminal jurisdiction of a 
                State authorized by the law of that State to issue 
                search warrants;
            ``(3) the term `device manufacturer' means a person who 
        designs, manufactures, fabricates, or assembles a finished 
        consumer electronic device;
            ``(4) the term `governmental entity' has the meaning given 
        the term in section 2711;
            ``(5) the term `operating system provider' means a person 
        who designs, markets, or sells software that--
                    ``(A) controls the operation of a consumer 
                electronic device; and
                    ``(B) directs the processing of programs on the 
                consumer electronic device (such as by assigning 
                storage space in memory and controlling input and 
                output functions);
            ``(6) the term `remote computing service' has the meaning 
        given the term in section 2711; and
            ``(7) the term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.
    ``(b) Court Order for Assistance.--
            ``(1) In general.--A court of competent jurisdiction, in 
        support of a search warrant based upon probable cause issued by 
        the court that authorizes the search of an electronic device or 
        remotely stored electronic information, shall, upon receiving a 
        motion described in paragraph (3) that states reasonable 
        grounds to believe that the assistance required by the order 
        will aid in the execution of the warrant, order a device 
        manufacturer, an operating system provider, a provider of 
        remote computing service, or another person to furnish all 
        information, facilities, and assistance necessary to access 
        information stored on an electronic device or to access 
        remotely stored electronic information, as authorized by the 
        search warrant.
            ``(2) Assistance.--The information, facilities, and 
        assistance ordered to be furnished under paragraph (1) shall 
        include--
                    ``(A) isolating the information authorized to be 
                searched;
                    ``(B) decrypting or decoding information on the 
                electronic device or remotely stored electronic 
                information that is authorized to be searched, or 
                otherwise providing such information in an intelligible 
                format, unless the independent actions of an 
                unaffiliated entity make it technically impossible to 
                do so; and
                    ``(C) providing technical support as necessary to 
                ensure effective execution of the warrant for the 
                electronic devices particularly described by the 
                warrant.
            ``(3) Motion.--An attorney for a governmental entity may 
        move that the court issue an order under this subsection--
                    ``(A) after a search warrant that authorizes the 
                search of an electronic device or remotely stored 
                electronic information has been issued; or
                    ``(B) concurrently with an application for a search 
                warrant described in subparagraph (A).
            ``(4) Compensation and exemption from liability.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                device manufacturer, operating system provider, 
                provider of remote computing service, or other person 
                furnishing information, facilities, or assistance 
                pursuant to an order issued under this subsection--
                            ``(i) shall be compensated for reasonable 
                        expenses directly incurred in complying with 
                        the order; and
                            ``(ii) may not be held civilly liable to 
                        any party for any action taken that is 
                        reasonably necessary to comply with the order.
                    ``(B) Limitation.--Reasonable expenses under 
                subparagraph (A) may not exceed $300.
    ``(c) Capability To Assist.--
            ``(1) Device manufacturers.--A device manufacturer that 
        sold more than 1,000,000 consumer electronic devices in the 
        United States in 2016 or any calendar year thereafter, or that 
        has received an assistance capability directive under section 
        3513, shall ensure that the manufacturer has the ability to 
        provide the assistance described in subsection (b)(2) for any 
        consumer electronic device that the manufacturer--
                    ``(A) designs, manufactures, fabricates, or 
                assembles; and
                    ``(B) intends for sale or distribution in the 
                United States.
            ``(2) Providers of remote computing service; operating 
        system providers.--A provider of remote computing service or 
        operating system provider that provided service to more than 
        1,000,000 subscribers or users in the United States in 2016 or 
        any calendar year thereafter, or that has received an 
        assistance capability directive under section 3513, shall 
        ensure that the provider has the ability to provide the 
        assistance described in subparagraphs (A) and (B) of subsection 
        (b)(2) for any remotely stored data that the provider processes 
        or stores.
            ``(3) Contracting authorized.--A device manufacturer, 
        provider of remote computing service, or operating system 
        provider may satisfy the obligations under this subsection by 
        contracting with any other United States person or entity to 
        provide the required assistance.
            ``(4) Costs.--A device manufacturer, provider of remote 
        computing service, or operating system provider to which this 
        subsection applies shall bear the costs associated with the 
        development of the capability required under this subsection, 
        including any contracting costs incurred by the device 
        manufacturer, provider of remote computing service, or 
        operating system provider under paragraph (3), unless the 
        manufacturer or provider has received an assistance capability 
        directive under section 3513.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 205 of title 18, United States Code, is amended by adding at 
the end the following:

``3119. Assistance orders to third parties and capability 
                            requirements.''.
    (c) Applicability.--The obligation under section 3119(c)(1) of 
title 18, United States Code, as added by subsection (a), shall apply 
with respect to a consumer electronic device manufactured on or after 
the effective date in section 801 of this Act.

                        TITLE II--DATA IN MOTION

SEC. 201. ASSISTANCE.

    Section 2518(4) of title 18, United States Code, is amended, in the 
undesignated matter following paragraph (e), by striking ``with a 
minimum of interference with the services that such service provider, 
landlord, custodian, or person is according the person whose 
communications are to be intercepted. Any provider of wire or 
electronic communication service, landlord, custodian or other person 
furnishing such facilities or technical assistance shall be compensated 
therefor by the applicant for reasonable expenses incurred in providing 
such facilities or assistance.'' and inserting the following: ``in a 
manner designed to uphold the nondisclosure obligations under section 
2511(2)(a)(ii).
Such furnishing of information, facilities, and technical assistance 
shall include--
                            ``(i) isolating all communications 
                        authorized to be intercepted;
                            ``(ii) decrypting, decoding, or otherwise 
                        providing in an intelligible format the 
                        communications authorized to be intercepted, 
                        unless the independent actions of an 
                        unaffiliated entity make it technically 
                        impossible to do so; and
                            ``(iii) delivering all communications 
                        authorized to be intercepted securely, 
                        reliably, and concurrently with their 
                        transmission.
Any provider of wire or electronic communication service, landlord, 
custodian, or other person furnishing such information, facilities, or 
technical assistance shall be compensated therefor by the applicant for 
reasonable expenses directly incurred in providing such information, 
facilities, or assistance.''.

SEC. 202. CAPABILITY.

    (a) In General.--Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2524. Capability requirements
    ``(a) In General.--A provider of wire or electronic communication 
service that had more than 1,000,000 monthly active users in the United 
States in January 2016 or any month thereafter, or has received an 
assistance capability directive under section 3513, shall ensure that 
the provider has the ability to provide the information, facilities, 
and technical assistance described in section 2518(4).
    ``(b) Calculation of Monthly Active Users.--For purposes of 
subsection (a), the number of monthly active users of a wire or 
electronic communication service shall be calculated by taking the 
average of the number of individual users or subscribers of the service 
that are active per month in any calendar year.
    ``(c) Costs.--A provider of wire or electronic communication 
service to which subsection (a) applies shall bear any costs associated 
with the development of the capability required under that subsection, 
unless the provider has received an assistance capability directive 
under section 3513.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 18, United States Code, is amended by adding at 
the end the following:

``2524. Capability requirements.''.

SEC. 203. CALEA AMENDMENT.

    (a) In General.--Section 103(b)(3) of the Communications Assistance 
for Law Enforcement Act (47 U.S.C. 1002(b)(3)) is amended--
            (1) by striking ``, or ensuring the government's ability to 
        decrypt,'';
            (2) by striking ``the encryption was provided'' and 
        inserting ``the means of encryption or other encoding was 
        implemented by or facilitated''; and
            (3) by striking ``and the carrier possesses the information 
        necessary to decrypt the communication''.

              TITLE III--ASSISTANCE CAPABILITY DIRECTIVES

SEC. 301. ASSISTANCE CAPABILITY DIRECTIVES.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3513. Assistance capability directives
    ``(a) Definitions.--The definitions in sections 2510 and 3119 shall 
apply to this section.
    ``(b) Contents of Directives and Procedure for Issuing.--
            ``(1) Authority.--
                    ``(A) In general.--If the Attorney General makes 
                the applicable finding with respect to a person under 
                paragraph (3), the Attorney General may direct the 
                person to create or maintain any of the assistance 
                capabilities described in section 2518, 2524, 3119, 
                3127, or 3128.
                    ``(B) Written directive.--A directive issued under 
                subparagraph (A) shall be in writing.
            ``(2) Required reporting.--Not later than 30 days after the 
        date on which a person receives a directive from the Attorney 
        General under paragraph (1), the person shall report to the 
        Attorney General, or a designee of the Attorney General, on, at 
        a minimum--
                    ``(A) any technical capabilities that the person 
                knows or expects to be necessary to implement and 
                comply with an anticipated court order or other lawful 
                authorization under section 2518, 3119, or 3123; and
                    ``(B) the timeline of the person for developing and 
                deploying the technical capabilities described in 
                subparagraph (A).
            ``(3) Findings.--The Attorney General may issue a directive 
        to a person under paragraph (1) only if the Attorney General 
        finds--
                    ``(A) in the case of assistance capabilities 
                described in section 2518, 2524, or 3128 that during 
                the preceding calendar year, communications occurring 
                over services the person offers, provides, or has 
                access to were subject to not fewer than 5 court orders 
                issued under--
                            ``(i) chapter 119 of this title; or
                            ``(ii) the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 1801 et 
                        seq.); or
                    ``(B) in the case of assistance capabilities 
                described in section 3119, that, during the preceding 
                calendar year, data stored in any device, service, or 
                operating system sold or licensed by the person was 
                subject to not fewer than 5 Federal or State search 
                warrants.
            ``(4) Release from liability.--No civil cause of action 
        shall lie in any court against a person who receives a 
        directive under paragraph (1) for any action or omission 
        reasonably necessary to comply with the directive.
            ``(5) Effective date and expiration date of directives.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                directive issued under paragraph (1) shall contain--
                            ``(i) a date on which the directive takes 
                        effect; and
                            ``(ii) a date when the directive expires.
                    ``(B) Limits.--A directive issued under paragraph 
                (1) may not--
                            ``(i) take effect earlier than 180 days 
                        after the date on which the directive is 
                        issued; or
                            ``(ii) expire later than 2 years after the 
                        date on which the directive takes effect.
            ``(6) Reporting.--Not later than 30 days after the date on 
        which a directive issued under paragraph (1) takes effect, the 
        Attorney General shall submit to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives a copy of the directive.
            ``(7) No technical demands.--A directive issued to a person 
        under paragraph (1) may not specify technical means by which 
        the person is required to implement the required capabilities.
    ``(c) Challenges of Directives and Appeal.--
            ``(1) Petition.--Not later than 30 days after the date on 
        which the Attorney General issues a directive to a person under 
        subsection (b), the person may file a petition to modify or set 
        aside the directive in the United States District Court for the 
        District of Columbia.
            ``(2) Consideration of petition.--
                    ``(A) Grant.--The court may grant a petition filed 
                under paragraph (1) only if--
                            ``(i) the directive does not meet the 
                        requirements of this section;
                            ``(ii) the person filing the petition 
                        demonstrates, by clear and convincing evidence, 
                        that it is technically impossible for the 
                        person to make any change to the way the 
                        hardware, software, or other property of the 
                        person behaves in order to comply with the 
                        directive; or
                            ``(iii) the directive is otherwise 
                        unlawful.
                    ``(B) Denial.--If none of the bases for granting a 
                petition under subparagraph (A) are met, the court 
                shall deny the petition.
                    ``(C) Ex parte review.--
                            ``(i) In general.--In considering a 
                        petition filed under paragraph (1), the court 
                        may review any information that the Attorney 
                        General, upon filing an affidavit under oath 
                        that disclosure of the information would harm 
                        the national security of the United States or 
                        harm the enforcement of criminal law, chooses 
                        to provide to the court solely for ex parte 
                        review.
                            ``(ii) No waiver of privilege.--The 
                        exercise of the authority under clause (i) does 
                        not waive any applicable privilege.
            ``(3) Initial review.--
                    ``(A) Deadline.--Not later than 30 days after the 
                date on which a petition is filed under paragraph (1), 
                the court shall conduct an initial review of the 
                petition.
                    ``(B) Review.--If the court determines that the 
                petition does not consist of claims, defenses, or other 
                legal contentions that are warranted by existing law or 
                by a non-frivolous argument for extending, modifying, 
                or reversing existing law or for establishing new law, 
                the court shall immediately--
                            ``(i) deny the petition;
                            ``(ii) affirm the directive or any part of 
                        the directive that is the subject of the 
                        petition; and
                            ``(iii) order the recipient to comply with 
                        the directive or part thereof.
                    ``(C) Written statement.--Upon making a 
                determination under subparagraph (B) or promptly 
                thereafter, the court shall provide a written statement 
                for the record of the reasons for the determination.
            ``(4) Plenary review.--
                    ``(A) Deadline.--If the court determines that a 
                petition filed under paragraph (1) requires plenary 
                review--
                            ``(i) not later than 60 days after the 
                        petition is filed, the court shall affirm, 
                        modify, or set aside the directive that is the 
                        subject of the petition; or
                            ``(ii) if the court does not set aside the 
                        directive by the date specified under clause 
                        (i), the court shall immediately, or in any 
                        event not later than 5 days thereafter--
                                    ``(I) affirm or affirm with 
                                modifications the directive; and
                                    ``(II) order the person who 
                                received the directive to comply with 
                                the directive in its entirety or as 
                                modified.
                    ``(B) Written statement.--Upon making a 
                determination under subparagraph (A) or promptly 
                thereafter, the court shall provide a written statement 
                for the record of the reasons for the determination.
            ``(5) Appeals.--
                    ``(A) Right of appeal.--The Attorney General or a 
                person who receives a directive under subsection (b) 
                may appeal a final order of the district court under 
                this subsection not later than 30 days after entry of 
                the order.
                    ``(B) Procedure.--The United States Court of 
                Appeals for the District of Columbia Circuit shall 
                expedite the consideration of any appeal brought under 
                this paragraph, and the expense or effort required to 
                comply with a directive issued under subsection (b) 
                shall not be a basis for staying a final order of the 
                district court under this subsection pending appeal.
    ``(d) Enforcement of Directives.--
            ``(1) Failure to comply.--If a person fails to comply with 
        a directive issued under subsection (b), the Attorney General 
        may file a petition for an order to compel the person to comply 
        with the directive in the United States District Court for the 
        District of Columbia, which shall have jurisdiction to review 
        the petition.
            ``(2) Ex parte review.--
                    ``(A) In general.--In considering a petition filed 
                under paragraph (1), the court may review any 
                information that the Attorney General, upon filing an 
                affidavit under oath that disclosure of the information 
                would harm the national security of the United States 
                or harm the enforcement of criminal law, chooses to 
                provide to the court solely for ex parte review.
                    ``(B) No waiver of privilege.--The exercise of the 
                authority under subparagraph (A) does not waive any 
                applicable privilege.
            ``(3) Order to comply.--
                    ``(A) In general.--Not later than 30 days after a 
                petition is filed under paragraph (1), the court shall 
                issue an order requiring the person to comply with the 
                directive or any part of the directive, as issued or as 
                modified, if the court finds that the directive meets 
                the requirements of this section and is otherwise 
                lawful.
                    ``(B) Written statement.--Upon making a 
                determination under subparagraph (A) or promptly 
                thereafter, the court shall provide a written statement 
                for the record of the reasons for the determination.
            ``(4) Penalty.--Failure to obey an order issued under 
        paragraph (3) shall constitute contempt of court.
            ``(5) Process.--Any process under this subsection may be 
        served in any judicial district in which the recipient may be 
        found or does business.
            ``(6) Appeals.--
                    ``(A) Right of appeal.--The Attorney General or a 
                person who receives a directive under subsection (b) 
                may appeal a final order of the district court under 
                this subsection not later than 30 days after entry of 
                the order.
                    ``(B) Procedure.--The United States Court of 
                Appeals for the District of Columbia Circuit shall 
                expedite the consideration of any appeal brought under 
                this paragraph, and the expense or effort required to 
                comply with a directive issued under subsection (b) 
                shall not be a basis for staying a final order of the 
                district court order under this subsection pending 
                appeal.
    ``(e) Cost Reimbursement.--
            ``(1) In general.--Subject to paragraph (3), a person who 
        receives a directive under subsection (b) shall be compensated 
        therefor by the United States for reasonable expenses directly 
        incurred in complying with the directive.
            ``(2) Amount.--The amount of compensation provided under 
        paragraph (1)--
                    ``(A) shall be mutually agreed upon by the Attorney 
                General and the person complying with the directive; or
                    ``(B) in the absence of an agreement under 
                subparagraph (A), shall be determined by the United 
                States District Court for the District of Columbia.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3513. Assistance capability directives.''.

          TITLE IV--PEN REGISTER AND TRAP AND TRACE AMENDMENTS

SEC. 401. CAPABILITY REQUIREMENTS.

    (a) In General.--Chapter 206 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3128. Capability requirements
    ``(a) Pen Register Capability.--
            ``(1) In general.--A wire or electronic communication 
        service provider that had more than 1,000,000 monthly active 
        users in the United States in January 2016 or any month 
        thereafter shall ensure that the provider has the ability to 
        provide the information described in paragraphs (3) and (7) of 
        section 3127 directly to law enforcement agencies in an 
        intelligible format unobtrusively and in a manner designed to 
        uphold the nondisclosure obligations under section 3123(d)(2).
            ``(2) Calculation of monthly active users.--For purposes of 
        paragraph (1), the number of monthly active users of a wire or 
        electronic communication service shall be calculated by taking 
        the average of the number of individual users or subscribers of 
        the service that are active per month in any calendar year.
    ``(b) Trap and Trace Capability.--
            ``(1) In general.--A provider of wire or electronic 
        communication service that had more than 1,000,000 monthly 
        users in the United States in January 2016 or any month 
        thereafter shall ensure that the provider has the ability to 
        provide the information described in paragraphs (4) and (7) of 
        section 3127 directly to law enforcement agencies in an 
        intelligible format unobtrusively and in a manner designed to 
        uphold the nondisclosure obligations under section 3123(d)(2).
            ``(2) Calculation of monthly active users.--For purposes of 
        paragraph (1), the number of monthly active users of a wire or 
        electronic communication service shall be calculated by taking 
        the average of the number of individual users or subscribers of 
        the service that are active per month in any calendar year.
    ``(c) Compensation.--
            ``(1) In general.--Subject to paragraph (2), a provider of 
        wire or electronic communication service that provides the 
        information described in paragraph (3), (4), or (7) of section 
        3127 directly to a law enforcement agency shall be compensated 
        for reasonable expenses directly incurred in providing the 
        information.
            ``(2) Limitation.--Reasonable expenses under paragraph (1) 
        may not exceed $150.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 206 of title 18, United States Code, is amended by adding at 
the end the following:

``3128. Capability requirements.''.

SEC. 402. DEFINING TECHNICAL ASSISTANCE.

    Section 3127 of title 18, United States Code, is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the term `technical assistance' includes--
                    ``(A) isolating all dialing, routing, addressing, 
                and signaling information authorized to be acquired;
                    ``(B) decrypting, decoding, or otherwise providing 
                in an intelligible format the dialing, routing, 
                addressing, and signaling information authorized to be 
                acquired, unless the independent actions of an 
                unaffiliated entity make it technically impossible to 
                do so; and
                    ``(C) delivering all dialing, routing, addressing, 
                and signaling information authorized to be acquired 
                securely, reliably, and concurrently with its 
                transmission.''.

                        TITLE V--FISA AMENDMENTS

SEC. 501. ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN 
              INTELLIGENCE PURPOSES.

    Title I of 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) `Technical assistance' includes--
            ``(1) isolating all communications or information 
        authorized to be acquired;
            ``(2) decrypting, decoding, or otherwise providing in an 
        intelligible format the communications or information 
        authorized to be acquired, unless the independent actions of an 
        unaffiliated entity make it technically impossible to do so; 
        and
            ``(3) delivering all communications or information 
        authorized to be acquired securely, reliably, and concurrently 
        with their transmission.''; and
            (2) in section 105(c)(2)(B), by striking ``produce a 
        minimum of interference with the services that such carrier, 
        landlord, custodian, or other person is providing that target 
        of electronic surveillance'' and inserting ``in a manner 
        designed to minimize the possibility of alerting the target 
        whose communications are to be intercepted''.

SEC. 502. PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 
              INTELLIGENCE PURPOSES.

     Title III of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1821 et seq.) is amended--
            (1) in section 301 (50 U.S.C. 1821), by adding at the end 
        the following:
            ``(6) `Assistance' includes--
                    ``(A) isolating all information, material, or 
                property to be seized, reproduced, or altered;
                    ``(B) decrypting, decoding, or otherwise providing 
                in an intelligible format the information, material, or 
                property to be seized, reproduced, or altered, unless 
                the independent actions of an unaffiliated entity make 
                it technically impossible to do so; and
                    ``(C) providing technical support as necessary to 
                ensure effective execution of an order under this 
                title.''; and
            (2) in section 304(c)(2)(B) (50 U.S.C. 1824(c)(2)(B)), by 
        striking ``produce a minimum of interference with the services 
        that such landlord, custodian, or other person is providing the 
        target of the physical search'' and inserting ``in a manner 
        designed to minimize the possibility of alerting the target of 
        the physical search''.

SEC. 503. PEN REGISTER; TRAP AND TRACE.

     Section 401 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1841) is amended by adding at the end the following:
            ``(5) The term `technical assistance' includes--
                    ``(A) isolating all dialing, routing, addressing, 
                and signaling information authorized to be acquired;
                    ``(B) decrypting, decoding, or otherwise providing 
                in an intelligible format the dialing, routing, 
                addressing, and signaling information authorized to be 
                acquired, unless the independent actions of an 
                unaffiliated entity make it technically impossible to 
                do so; and
                    ``(C) delivering all dialing, routing, addressing, 
                and signaling information authorized to be acquired 
                securely, reliably, and concurrently with its 
                transmission.''.

SEC. 504. BUSINESS RECORDS.

     Section 501(k) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861(k)) is amended by adding at the end the following:
            ``(5) Technical assistance.--The term `technical 
        assistance' includes--
                    ``(A) isolating the tangible things (including call 
                detail records) required to be produced;
                    ``(B) decrypting, decoding, or otherwise providing 
                in an intelligible format the tangible things required 
                to be produced, unless the independent actions of an 
                unaffiliated entity make it technically impossible to 
                do so; and
                    ``(C) delivering all tangible things required to be 
                produced securely, reliably, and no later than the date 
                on which an order under this title requires their 
                production.''.

SEC. 505. CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGETING 
              UNITED STATES PERSONS OUTSIDE THE UNITED STATES.

     Section 703 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881b) is amended by adding at the end the following:
    ``(h) Assistance Defined.-- For purposes of this section, the term 
`assistance' includes--
            ``(1) isolating all communications or information 
        authorized to be acquired;
            ``(2) decrypting, decoding, or otherwise providing in an 
        intelligible format the communications or information 
        authorized to be acquired, unless the independent actions of an 
        unaffiliated entity make it technically impossible to do so;
            ``(3) delivering the communications or information 
        authorized to be acquired securely, reliably, and concurrently 
        with their transmission; and
            ``(4) providing technical support as necessary to ensure 
        effective execution of an order under this section.''.

                      TITLE VI--PRIZE COMPETITION

SEC. 601. FINDINGS.

    Congress finds the following:
            (1) The rapidly growing use of warrant-proof encryption in 
        everyday devices, platforms, and systems allows illegal actors 
        engaged in dangerous criminal activity--including child sexual 
        abuse, terrorism, and international narcotics trafficking--to 
        use encryption to shield their illicit activities from 
        authorities.
            (2) Because of warrant-proof encryption, the government 
        often cannot obtain the electronic evidence and intelligence 
        necessary to investigate and prosecute threats to public safety 
        and national security, even with a warrant or court order. This 
        provides a ``lawless space'' that criminals, terrorists, and 
        other bad actors can exploit for their nefarious ends.
            (3) Many service providers, device manufacturers, and 
        application developers who use encryption fail to implement 
        technology that would allow the government to obtain electronic 
        evidence necessary to investigate and prosecute threats to 
        public safety and national security.
            (4) The Fourth Amendment to the Constitution of the United 
        States strikes a balance between the individual citizen's 
        reasonable expectation of privacy on one hand, and on the 
        other, the legitimate need for the government to gain access to 
        the most intimate spaces in citizens' lives in order to protect 
        the public from criminal actors.
            (5) The Framers of the Constitution provided specific 
        barriers to government intrusion into the individual's private, 
        intimate space--namely, that the government must show by 
        probable cause that evidence of a crime exists in that intimate 
        space, and must have a neutral magistrate, detached from the 
        law enforcement interest, approve law enforcement's request and 
        issue a warrant.
            (6) Once the government satisfies the burden of showing 
        probable cause to a neutral magistrate, the government is 
        entitled to search and seize evidence of a crime in an 
        individual's private space.
            (7) That careful balancing of interests established by the 
        Framers has continued to be calibrated throughout the history 
        of the United States as different challenges have arisen, 
        including, most notably, technological advances in daily life. 
        For example, Congress has imposed additional statutory 
        requirements that the government must meet and that a judge 
        must find satisfied before a court can authorize interception 
        of communications. But the individual's right to privacy has 
        never been absolute.
            (8) If not addressed, criminal anonymity actuated by end-
        to-end encryption technology will continue to pose a serious 
        risk to the public.
            (9) Nevertheless, advances in technology continue without 
        due consideration of issues of lawful access.
            (10) Moreover, very little, if any, resources from the 
        private sector or from educational and research institutions 
        are devoted to finding technological solutions to providing 
        lawful access within different encrypted technological 
        platforms.
            (11) More resources should be devoted to incentivizing the 
        best minds in the United States to research the issues 
        described in this section and decide how to best provide the 
        most secure products and services to customers while also 
        providing law enforcement access to information the government 
        needs to investigate criminals seeking to do the public harm 
        and to protect national security.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Applicant.--The term ``applicant'' means an individual, 
        group of individuals, organization, nonprofit, or university 
        that applies to participate in the prize competition under this 
        title.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        of the House of Representatives.
            (3) Attorney general.--Except as otherwise provided, the 
        term ``Attorney General'' means the Attorney General, acting 
        through the Director of the National Institute of Justice.
            (4) Prize.--The term ``prize'' means a cash prize.
            (5) Prize competition.--The term ``prize competition'' 
        means the prize competition established under section 603.

SEC. 603. PRIZE COMPETITION.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall, subject to the 
availability of funds appropriated under this title, establish in 
accordance with section 24 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3719) a prize competition--
            (1) to incentivize and encourage research and innovation 
        into solutions providing law enforcement access to encrypted 
        data pursuant to legal process; and
            (2) to award one or more prizes, not later than 1 year 
        after the establishment of the prize competition, for 
        technological solutions that provide law enforcement access to 
        encrypted data pursuant to legal process.
    (b) Requirements.--Technological solutions described in subsection 
(a)(2) shall include--
            (1) providing maximum security for the device, platform, or 
        system, consistent with the lawful access solution, to reduce 
        the opportunity for unlawful hacking; and
            (2) reducing or eliminating broad surveillance capabilities 
        not targeted at specified facilities or individuals pursuant to 
        a warrant or order within the lawful access solution.
    (c) Eligibility.--
            (1) In general.--To be eligible to win a prize under the 
        prize competition, an applicant--
                    (A) shall have complied with--
                            (i) the requirements of the competition as 
                        described in the announcement for the 
                        competition; and
                            (ii) subsections (g), (h), and (i) of 
                        section 24 of the Stevenson-Wydler Technology 
                        Innovation Act of 1980 (15 U.S.C. 3719) 
                        (relating to eligibility);
                    (B) in the case of a private entity, shall be 
                incorporated in the United States and maintain a 
                primary place of business in the United States; and
                    (C) in the case of an individual, whether 
                participating singly or in a group, shall be a citizen 
                of, or an alien lawfully admitted for permanent 
                residence in, the United States.
            (2) Exclusions.--The following entities and individuals 
        shall not be eligible to win a prize under the prize 
        competition:
                    (A) A Federal entity.
                    (B) A Federal employee acting within the scope of 
                employment.
    (d) Prioritization.--In selecting the winner or winners of the 
prize competition, the Attorney General shall give priority to projects 
that--
            (1) incorporate a robust proof of concept model 
        demonstrating the feasibility of the proposed technology 
        achieving the intended goals of the competition as described in 
        paragraph (a); and
            (2) include a strategy, submitted with the application or 
        proposal, to move the new technology, hardware, or other 
        processes to market-scale deployment.

SEC. 604. IMPLEMENTATION.

    (a) Duties.--In implementing the prize competition, the Attorney 
General shall--
            (1) advertise the prize competition;
            (2) solicit participants;
            (3) use amounts made available under section 607(a)--
                    (A) to administer the prize competition; and
                    (B) to award one or more prizes;
            (4) develop criteria for the selection of winners;
            (5) select judges under section 605 based on criteria 
        developed by the Attorney General;
            (6) announce, and award a prize to, one or more winners;
            (7) protect against unauthorized use or disclosure of any 
        trade secret or confidential business information of a 
        participant; and
            (8) promulgate any rules and regulations necessary to carry 
        out this title, including rules and regulations for submitting 
        and reviewing applications.
    (b) Award.--
            (1) Recommendation by judges.--After conducting a thorough 
        review of each of the applicant submissions for the prize 
        competition, the judges appointed under section 605 shall--
                    (A) submit in writing to the Attorney General a 
                recommendation for an award to one or more winners of 
                the prize competition; or
                    (B) if the judges determine that none of the 
                applicant submissions merit an award, submit in writing 
                to the Attorney General a recommendation that no 
                applicant be awarded a prize, including a detailed 
                explanation stating the reasons why no applicant merits 
                an award.
            (2) Selection by attorney general.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Attorney General establishes the 
                prize competition, and after reviewing the 
                recommendation submitted under paragraph (1), the 
                Attorney General shall select one or more winners of 
                the prize competition and award a prize to each winner.
                    (B) Recommendation of no prize.--If the judges 
                recommend under paragraph (1)(B) that no applicant be 
                awarded a prize, the Attorney General may--
                            (i) select one or more award winners, 
                        notwithstanding the recommendation of the 
                        judges, and award a prize to each winner; or
                            (ii) award no prize to any applicant.
                    (C) Notification of no prize.--If the Attorney 
                General determines not to award a prize to any 
                applicant under subparagraph (B)(ii), the Attorney 
                General shall notify the appropriate congressional 
                committees not later than 90 days after that 
                determination.
    (c) Assistance From Other Parties.--
            (1) Administration by third-party organization.--
                    (A) In general.--The Attorney General may enter 
                into an agreement, including a grant, contract, or 
                cooperative agreement, with a non-profit or for-profit 
                third-party organization, under which the third-party 
                organization administers the prize competition.
                    (B) Consultation; division of authority.--If the 
                Attorney General enters into a contract with a third-
                party organization under subparagraph (A), the third-
                party organization shall consult with the Attorney 
                General on, and the Attorney General shall have the 
                authority to make the final decision with respect to--
                            (i) the development of criteria for the 
                        selection of prize competition winners under 
                        subsection (a)(4); and
                            (ii) the selection of judges under section 
                        605.
            (2) Non-federal funds.--The Attorney General may solicit 
        and receive non-Federal funds to administer the prize 
        competition and award a prize.

SEC. 605. JUDGES.

    (a) Appointment.-- The Attorney General shall appoint not fewer 
than 3 judges who shall, except as provided in section 604(b)(1)(B), 
recommend one or more winners of the prize competition.
    (b) Qualifications.--Each judge appointed under subsection (a) 
shall--
            (1) have subject matter expertise in cryptology and 
        encryption-related technology, including relevant devices, 
        platforms, and systems;
            (2) have an understanding of--
                    (A) protections afforded to United States citizens 
                by the Constitution of the United States against 
                unreasonable searches and seizures by the government; 
                and
                    (B) the legal authorities that permit the 
                government to search and seize the personal effects of 
                United States citizens, particularly with respect to--
                            (i) the search and seizure of individuals' 
                        data from technological devices, platforms, or 
                        systems; and
                            (ii) the interception of communications 
                        over technological devices, platforms, or 
                        systems; and
            (3) have experience with law enforcement capabilities for 
        lawful access to data and limitations on lawful access to data 
        across various technological devices, platforms, and systems 
        that use encrypted technology.

SEC. 606. REPORT TO CONGRESS.

     Not later than 90 days after the date on which the Attorney 
General awards one or more prizes under section 604(b)(2), the Attorney 
General shall submit to the appropriate congressional committees a 
report on the prize competition that includes--
            (1) a statement by the Attorney General that describes the 
        activities carried out by the Attorney General with respect to 
        the duties described in section 604(a);
            (2) if the Attorney General has entered into an agreement 
        with a third-party organization under section 604(c)(1), a 
        statement by the Attorney General that describes the activities 
        carried out by the third-party organization with respect to the 
        duties described in section 604(c); and
            (3) a statement by the Attorney General explaining the 
        basis on which each winner of the prize competition was 
        selected.

SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary, not to exceed $50,000,000, to 
        carry out this title.
            (2) Minimization of administrative expenses.--The Attorney 
        General shall make all reasonable efforts to control the 
        administrative expenses of the prize competition so that the 
        majority of the amounts made available under paragraph (1) are 
        used for the prize or prizes awarded to the winner or winners 
        of the prize competition under section 603.
    (b) Approval of Certain Awards.--The value of a prize awarded to a 
winner of the prize competition under section 603 may not exceed 
$1,000,000 without the approval of the Attorney General or the Director 
of the National Institute of Justice.
    (c) Reimbursement of Expenses.--A judge appointed under section 605 
shall serve without pay, but may be reimbursed for actual and necessary 
traveling and subsistence expenses.

SEC. 608. TERMINATION OF AUTHORITY.

    The prize competition and all authority provided under this title 
shall terminate on December 31, 2022.

                   TITLE VII--LAWFUL ACCESS TRAINING

SEC. 701. LAWFUL ACCESS TRAINING PROGRAM.

    (a) Definitions.--In this section:
            (1) Cooperative agreement.--The term ``cooperative 
        agreement'' means a legal instrument of financial assistance 
        between a Federal awarding agency or pass-through entity and a 
        non-Federal entity, consistent with sections 6302 and 6305 of 
        title 31, United States Code.
            (2) Provider.--The term ``provider'' means--
                    (A) a device manufacturer, an operating system 
                provider, and a provider of remote computing service, 
                as those terms are defined in section 3119 of title 18, 
                United States Code, as added by title I of this Act; 
                and
                    (B) a provider of electronic communication service, 
                as defined in section 2510 of title 18, United States 
                Code.
            (3) Training program.--The term ``Training Program'' means 
        the lawful access training and assistance program established 
        under subsection (b).
    (b) Establishment.--The Attorney General shall establish a lawful 
access training and real-time assistance program that draws upon the 
resources of the National Domestic Communications Center (commonly 
known as the ``NDCAC'') and other relevant components of the Department 
of Justice as appropriate.
    (c) Activities.--
            (1) Training.--
                    (A) In general.--The primary purpose of the 
                Training Program shall be to provide training and 
                assistance for law enforcement personnel, with a 
                particular emphasis on State and local personnel, on 
                relevant technology and communications platforms, 
                including how to submit appropriately tailored 
                applications for digital evidence, consistent with 
                existing legal requirements and protections for privacy 
                and civil liberties.
                    (B) Consultation.--The Attorney General may consult 
                with providers regarding the training and assistance 
                under subparagraph (A).
                    (C) Contents.--Training and assistance under the 
                Training Program shall include--
                            (i) designing and providing training to 
                        distribute knowledge and expertise, including--
                                    (I) consulting with the most 
                                qualified experts in law enforcement 
                                and the technology industry to assist 
                                in the development of all Training 
                                Program materials;
                                    (II) identifying current effective 
                                law enforcement training programs and 
                                tools;
                                    (III) identifying gaps in current 
                                law enforcement training programs and 
                                tools;
                                    (IV) producing and maintaining 
                                training materials and curricula that 
                                will be used in classroom training 
                                sessions as well as for distribution to 
                                law enforcement agencies for reference;
                                    (V) in coordination with providers, 
                                delivering information and guidance on 
                                accessing digital evidence from 
                                specific providers to improve outcomes 
                                with regard to particular technology 
                                devices, platforms, or systems; and
                                    (VI) establishing and promoting the 
                                use of a consistent set of clear 
                                standards for securing and minimizing 
                                data collected by law enforcement;
                            (ii) serving as a centralized repository of 
                        knowledge and expertise about provider systems 
                        and procedures for submitting requests for 
                        data;
                            (iii) coordinating with Federal, State, and 
                        international training programs, as well as any 
                        private-sector and nonprofit initiatives;
                            (iv) building and maintaining analytic and 
                        forensic tools to assist law enforcement 
                        agencies in interpreting data that has been 
                        obtained from service providers and devices;
                            (v) hiring and employing technical 
                        specialists that can help develop and maintain 
                        analytic and forensic tools;
                            (vi) conducting relevant research and 
                        analysis to identify the greatest challenges 
                        with respect to the ability of law enforcement 
                        agencies to access and analyze digital 
                        evidence; and
                            (vii) providing a call center for law 
                        enforcement officials to seek advice and 
                        assistance regarding accessing and analyzing 
                        digital evidence.
            (2) Other functions.--In carrying out the Training Program, 
        the Attorney General shall develop and coordinate additional 
        functions to improve lawful access to digital evidence, 
        including the following:
                    (A) Identifying and providing resources.--The 
                Attorney General shall--
                            (i) work with the Office of Justice 
                        Programs to identify grants and other grant-
                        making bodies to support law enforcement access 
                        to digital evidence; and
                            (ii) include programs in the training 
                        activities that inform law enforcement agencies 
                        of the grants described in clause (i) and other 
                        resources that support--
                                    (I) training programs;
                                    (II) development and distribution 
                                of analytical tools; and
                                    (III) maintenance of crime labs.
                    (B) Development of authentication system.--The 
                Attorney General shall work with providers and law 
                enforcement agencies from Federal, State, and local 
                systems to identify options for, and develop, a system 
                for verifying that an individual requesting data from a 
                provider is a law enforcement official entitled to such 
                access pursuant to lawful authority.
                    (C) Coordinating international efforts.--The 
                Attorney General shall coordinate with international 
                partners to--
                            (i) help set baseline standards and 
                        practices to lawfully access digital evidence;
                            (ii) promote standards to ensure the 
                        protection of privacy and civil liberties, and 
                        to the extent practical and helpful, harmonize 
                        efforts across borders.
                    (D) Developing master database.--The Attorney 
                General shall--
                            (i) develop a master database to track 
                        investigations in the United States in which a 
                        law enforcement agency secured the legal 
                        authority to access digital data but otherwise 
                        cannot gain access to that data in an 
                        intelligible format due to encryption; and
                            (ii) through the training activities 
                        described in paragraph (1), encourage the 
                        robust participation from State and local 
                        authorities that is necessary to populate the 
                        database described in clause (i) of this 
                        subparagraph.
                    (E) Other activities.--The Attorney General, in 
                carrying out the Training Program, shall provide any 
                additional activities and services determined 
                appropriate by the Attorney General.
    (d) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Attorney General to carry out this 
        section $50,000,000 for fiscal year 2020, which shall remain 
        available until expended.
            (2) Limitation.--Not more than 5 percent of the amount 
        appropriated under paragraph (1) may be used to carry out 
        activities under subsection (e)(2).
    (e) Cooperative Agreement.--
            (1) Assistance.--The Attorney General may enter into a 
        cooperative agreement with providers or other persons to--
                    (A) provide regular training to law enforcement 
                agencies through the Training Program on information 
                that is potentially available from devices, operating 
                systems, remote computing services, or electronic 
                communication services, and on provider policies, in 
                order to facilitate tailored and specific applications 
                from law enforcement agencies;
                    (B) maintain up-to-date and comprehensive guidance 
                for law enforcement agencies regarding accessing 
                information from providers;
                    (C) develop or maintain online mechanisms to--
                            (i) receive law enforcement requests for 
                        data; and
                            (ii) provide dated, electronic confirmation 
                        of receipt of a request described in clause 
                        (i); and
                    (D) assist with other tasks as determined necessary 
                by the NDCAC.
            (2) Donations.--
                    (A) In general.--The NDCAC may solicit and accept 
                donations for the Training Program from providers or 
                other persons to be used to carry out this section.
                    (B) Private funding requirement.--The NDCAC may not 
                carry out the Training Program during a fiscal year, 
                including fiscal year 2020, unless and until the NDCAC 
                has received funding for that fiscal year under 
                subparagraph (A) in an amount equal to the amount 
                authorized to be appropriated for fiscal year 2020 
                under subsection (d)(1).
    (f) Report.--
            (1) In general.--Not later than 1 year after the effective 
        date in section 801 of this Act, and once thereafter not later 
        than 2 years after that effective date, the NDCAC shall submit 
        to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives a 
        report on the Training Program.
            (2) Contents.-- The report submitted under paragraph (1) 
        shall include--
                    (A) ongoing efforts to identify and respond to gaps 
                in training and distribution of technical tools;
                    (B) the state of cooperation with providers;
                    (C) novel uses of legal authorities;
                    (D) any new policies and best practices being 
                seriously considered or adopted; and
                    (E) funding contributed by private individuals, 
                organizations, and entities.

                       TITLE VIII--EFFECTIVE DATE

SEC. 801. EFFECTIVE DATE.

    Titles I through V of this Act, and the amendments made by those 
titles, shall take effect 1 year after the date of enactment of this 
Act.
                                 <all>