[Congressional Record Volume 161, Number 154 (Wednesday, October 21, 2015)]
[Senate]
[Page S7419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2744. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 754, to improve 
cybersecurity in the United States through enhanced sharing of 
information about cybersecurity threats, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 408. GAO REPORT ON CELL-SITE SIMULATORS.

       (a) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (b) Report.--Not later than September 30, 2017, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report regarding the 
     use of cell-site simulators (commonly known as ``IMSI 
     catchers'') by Federal, State, and local agencies inside the 
     United States, which shall include to the extent that 
     information is available--
       (1) a list of each Federal, State, and local agency that 
     uses cell-site simulators, and for what purposes;
       (2) an explanation of the approval process that Federal, 
     State, and local agencies require prior to use of cell-site 
     simulators, including whether such agencies have written 
     policies;
       (3) the number of State and local agencies that are subject 
     to non-disclosure agreements with respect to the use of cell-
     site simulators, and an analysis of whether the non-
     disclosure agreements are necessary in light of publicly 
     available information about government use of the devices;
       (4) the extent to which the Federal Government is providing 
     or funding the purchase of cell-site simulators for State and 
     local agencies, including which Federal grants are used for 
     such purpose;
       (5) an explanation of whether Federal, State, and local 
     agencies obtain judicial approval prior to deployment of 
     cell-site simulators, and if so, what type and with what 
     frequency;
       (6) an examination of whether court applications seeking 
     approval for the use of cell-site simulators sufficiently 
     explain how the devices work, including--
       (A) whether the devices collect information about non-
     target phones;
       (B) the extent to which the devices disrupt service to non-
     target phones; and
       (C) how each Federal, State, or local agency intends to 
     address deletion of data not associated with the target 
     phone;
       (7) whether any Federal, State, or local agencies are using 
     cell-site simulators to obtain the contents of communications 
     or for purposes other than locating a particular cellular 
     device;
       (8) whether Federal, State, or local agencies have policies 
     or procedures governing the deletion of information collected 
     by cell-site simulators;
       (9) an evaluation of whether Federal, State, or local 
     agencies have adequate training and auditing mechanisms in 
     place regarding the use of cell-site simulators;
       (10) an evaluation of compliance by the Department of 
     Justice its components with Department of Justice policy 
     guidance governing the use of cell-site simulator technology; 
     and
       (11) an evaluation of compliance by the Department of 
     Homeland Security and its components with Department of 
     Homeland Security policy guidance governing the use of cell-
     site simulator technology.
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