[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1116-S1120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4414. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell-Site Simulator Warrant
Act of 2026''.
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
[[Page S1117]]
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).
[[Page S1118]]
``(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
[[Page S1119]]
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.
[[Page S1120]]
(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.
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