Cell-Site Simulator Warrant Act of 2021
This bill establishes a federal statutory framework to regulate the use of cell-site simulators. Cell-site simulators (commonly known as Stingrays) are devices that function as or simulate a cell-phone tower to identify, locate, or intercept transmissions from a cell phone for purposes other than providing ordinary commercial mobile services or private mobile services.
The framework generally prohibits the knowing use of a cell-site simulator domestically by an individual or entity or the use of a cell-site simulator by an element of the intelligence community outside the United States to conduct surveillance of a U.S. person. It imposes a civil fine on an individual or entity that violates the prohibition and restricts the use of unlawfully acquired information as evidence in a legal proceeding or official proceeding.
The framework contains exceptions to permit the use of a cell-site simulator in certain circumstances, such as by a law enforcement agency pursuant to a warrant or by an element of the intelligence community to conduct surveillance under the Foreign Intelligence Surveillance Act of 1978.
Finally, an individual who is the subject of unlawful use of a cell-site simulator may bring a private right of action.
To amend title 18, United States Code, to regulate the use of cell-site 
                  simulators, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cell-Site Simulator Warrant Act of 
2021''.

SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE.

    (a) Prohibition.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
    ``(a) Prohibition of Use.--
            ``(1) In general.--Except as provided in subsection (d), it 
        shall be unlawful--
                    ``(A) for any individual or entity to knowingly use 
                a cell-site simulator in the United States; or
                    ``(B) for an element of the intelligence community 
                to use a cell-site simulator outside the United States 
                if the subject of the surveillance is a United States 
                person.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to authorize a law enforcement agency of a 
        governmental entity to use a cell-site simulator outside the 
        United States.
    ``(b) Penalty.--Any individual or entity that violates subsection 
(a)(1) shall be fined not more than $250,000.
    ``(c) Prohibition of Use as Evidence.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        information acquired through the use of a cell-site simulator 
        in violation of subsection (a)(1), and no evidence derived 
        therefrom, may be received in evidence in any trial, hearing, 
        or other proceeding in or before any court, grand jury, 
        department, officer, agency, regulatory body, legislative 
        committee, or other authority of the United States, a State, or 
        a political subdivision thereof.
            ``(2) Exception for enforcement.--Information acquired 
        through the use of a cell-site simulator in violation of 
        subsection (a)(1) by a person, and evidence derived therefrom, 
        may be received in evidence in any trial, hearing, or other 
        proceeding described in paragraph (1) of this subsection 
        relating to the alleged violation of subsection (a)(1) in 
        connection with such use.
    ``(d) Exceptions.--
            ``(1) In general.--
                    ``(A) Warrant.--
                            ``(i) In general.--Subsection (a)(1) shall 
                        not apply to the use of a cell-site simulator 
                        by a law enforcement agency of a governmental 
                        entity under a warrant issued--
                                    ``(I) in accordance with this 
                                subparagraph; and
                                    ``(II) using the procedures 
                                described in, and in accordance with 
                                the requirements for executing and 
                                returning a warrant under, the Federal 
                                Rules of Criminal Procedure (or, in the 
                                case of a State court, issued using 
                                State warrant and execution and return 
                                procedures and, in the case of a court-
                                martial or other proceeding under 
                                chapter 47 of title 10 (the Uniform 
                                Code of Military Justice), issued under 
                                section 846 of that title and in 
                                accordance with the requirements for 
                                executing and returning such a warrant, 
                                in accordance with regulations 
                                prescribed by the President) by a court 
                                of competent jurisdiction.
                            ``(ii) Requirements.--A court may issue a 
                        warrant described in clause (i) (except, with 
                        respect to a State court, to the extent use of 
                        a cell-site simulator by a law enforcement 
                        agency of a governmental entity is prohibited 
                        by the law of the State) only if the law 
                        enforcement agency--
                                    ``(I) demonstrates that other 
                                investigative procedures, including 
                                electronic location tracking methods 
                                that solely collect records of the 
                                investigative target--
                                            ``(aa) have been tried and 
                                        have failed; or
                                            ``(bb) reasonably appear to 
                                        be--

                                                    ``(AA) unlikely to 
                                                succeed if tried; or

                                                    ``(BB) too 
                                                dangerous;

                                    ``(II) specifies the likely area of 
                                effect of the cell-site simulator to be 
                                used and the time that the cell-site 
                                simulator will be in operation;
                                    ``(III) certifies that the 
                                requested area of effect and time of 
                                operation are the narrowest reasonably 
                                possible to obtain the necessary 
                                information; and
                                    ``(IV) demonstrates that the 
                                requested use of a cell-site simulator 
                                would be in compliance with applicable 
                                provisions of the Communications Act of 
                                1934 (47 U.S.C. 151 et seq.) and the 
                                rules of the Federal Communications 
                                Commission.
                            ``(iii) Considerations.--In considering an 
                        application for a warrant described in clause 
                        (i), the court shall--
                                    ``(I) weigh the need of the 
                                government to enforce the law and 
                                apprehend criminals against the 
                                likelihood and impact of any potential 
                                negative side effects disclosed by the 
                                government under subparagraph (C); and
                                    ``(II) not grant a request for a 
                                warrant that would put public safety at 
                                risk or unreasonably inconvenience the 
                                community.
                            ``(iv) Period of initial authorization.--No 
                        warrant described in clause (i) may authorize 
                        the use of a cell site simulator for any period 
                        longer than is necessary to achieve the 
                        objective of the authorization, nor in any 
                        event for longer than 30 days.
                            ``(v) Extensions.--
                                    ``(I) In general.--A court may 
                                grant extensions of a warrant described 
                                in clause (i), but only upon 
                                application for an extension made in 
                                accordance with clause (i) and the 
                                court considering the factors described 
                                in clause (iii) and determining the 
                                requirements under clause (ii) are met.
                                    ``(II) Period of extension.--The 
                                period of an extension of a warrant 
                                shall be no longer than the authorizing 
                                judge determines necessary to achieve 
                                the purposes for which the extension 
                                was granted, nor in any event for 
                                longer than 30 days.
                            ``(vi) Termination provision.--Each warrant 
                        described in clause (i), and each extension 
                        thereof, shall contain a provision that the 
                        authorization to use the cell site simulator 
                        shall be executed as soon as practicable and 
                        shall terminate upon attainment of the 
                        authorized objective, or in any event in 30 
                        days.
                            ``(vii) Start of 30-day periods.--The 30-
                        day periods described in clauses (iv), (v)(II), 
                        and (vi) shall begin on the earlier of--
                                    ``(I) the date on which a law 
                                enforcement agency first begins to use 
                                the cell site simulator as authorized 
                                by the warrant, or extension thereof; 
                                or
                                    ``(II) the date that is 10 days 
                                after the warrant, or extension 
                                thereof, is issued.
                    ``(B) Emergency.--
                            ``(i) In general.--Subject to clause (ii), 
                        subsection (a)(1) shall not apply to the use of 
                        a cell-site simulator by a law enforcement 
                        agency of a governmental entity, or use of a 
                        cell-site simulator as part of assistance 
                        provided by a component of the Department of 
                        Defense or an Armed Force to such a law 
                        enforcement agency, if--
                                    ``(I) the governmental entity 
                                reasonably determines an emergency 
                                exists that--
                                            ``(aa) involves--

                                                    ``(AA) immediate 
                                                danger of death or 
                                                serious physical injury 
                                                to any person;

                                                    ``(BB) 
                                                conspiratorial 
                                                activities 
                                                characteristic of 
                                                organized crime; or

                                                    ``(CC) an immediate 
                                                threat to a national 
                                                security interest; and

                                            ``(bb) requires use of a 
                                        cell-site simulator before a 
                                        warrant described in 
                                        subparagraph (A) can, with due 
                                        diligence, be obtained; and
                                    ``(II) except in an instance in 
                                which the governmental entity is trying 
                                to locate a lost or missing person, 
                                locate someone believed to have been 
                                abducted or kidnaped, 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 under designated 
                                under paragraph (4) of section 251(e) 
                                of the Communications Act of 1934 (47 
                                U.S.C. 251(e)), as added by the 
                                National Suicide Hotline Designation 
                                Act of 2020 (Public Law 116-172; 134 
                                Stat. 832);
                                    ``(III) calls to the nationwide 
                                toll-free number for the poison control 
                                centers established under section 1271 
                                of the Public Health Service Act (42 
                                U.S.C. 300d-71);
                                    ``(IV) calls using 
                                telecommunications relay services; or
                                    ``(V) any other communications or 
                                transmissions.
                            ``(ii) A certification that the specific 
                        model of the cell-site simulator to be used has 
                        been inspected by a third party that is an 
                        accredited testing laboratory recognized by the 
                        Federal Communications Commission to verify the 
                        accuracy of the disclosure under clause (i).
                            ``(iii) A disclosure of the methods and 
                        precautions that will be used to minimize 
                        disruption, including--
                                    ``(I) any limit on the length of 
                                time the cell-site simulator can be in 
                                continuous operation; and
                                    ``(II) any user-defined limit on 
                                the transmission range of the cell-site 
                                simulator.
                            ``(iv) A disclosure as to whether the cell-
                        site simulator will primarily be used at a 
                        gathering where constitutionally protected 
                        activity, including speech, will occur.
                    ``(D) Notice.--
                            ``(i) In general.--Within a reasonable 
                        time, but, subject to clause (ii), not later 
                        than 90 days after the filing of an application 
                        for a warrant authorizing the use of a cell-
                        site simulator which is denied or the 
                        termination of the period of such a warrant, or 
                        extensions thereof, the issuing or denying 
                        judge shall cause to be served on the persons 
                        named in the warrant or the application, and, 
                        as the judge may determine, in the discretion 
                        of the judge, is in the interest of justice, 
                        other persons about whose devices the 
                        government obtained information with the cell 
                        site simulator, an inventory which shall 
                        include notice of--
                                    ``(I) the fact of the entry of the 
                                warrant or the application;
                                    ``(II) the date of the entry and 
                                the period of authorized, approved or 
                                disapproved use of a cell-site 
                                simulator, or the denial of the 
                                application; and
                                    ``(III) whether, during the 
                                period--
                                            ``(aa) information about 
                                        their device was, or was not, 
                                        obtained by the government;
                                            ``(bb) their location was, 
                                        or was not, tracked; and
                                            ``(cc) their communications 
                                        were, or were not, intercepted.
                            ``(ii) Delay of notice.--On an ex parte 
                        showing of good cause to a court of competent 
                        jurisdiction, the serving of the inventory 
                        required under clause (i) may be postponed.
            ``(2) Foreign intelligence surveillance.--Use of a cell-
        site simulator by an element of the intelligence community 
        shall not be subject to subsection (a)(1) if it is conducted in 
        a manner that is in accordance with--
                    ``(A) title I of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
                (including testing or training authorized under 
                paragraph (1) or (3) of section 105(g) of such Act (50 
                U.S.C. 1805(g)) (including such testing or training 
                conducted in conjunction with a component of the 
                Department of Defense or an Armed Force), if any 
                information obtained during such testing or training 
                (including metadata) is destroyed after its use for 
                such testing or training); or
                    ``(B) section 704(c)(1)(E) of such Act (50 U.S.C. 
                1881c(c)(1)(E)).
            ``(3) Research.--Subsection (a)(1) shall not apply to the 
        use of a cell-site simulator in order to engage, in good-faith, 
        in research or teaching by a person that is not--
                    ``(A) a law enforcement agency of a governmental 
                entity;
                    ``(B) an element of the intelligence community; or
                    ``(C) acting as an agent thereof.
            ``(4) Protective services.--
                    ``(A) In general.--Subsection (a)(1) shall not 
                apply to the use of a cell-site simulator in the 
                performance of protective duties pursuant to section 
                3056 of this title, or as otherwise authorized by law.
                    ``(B) Prohibition on use as evidence.--No 
                information acquired through the use of a cell-site 
                simulator under the authority under subparagraph (A), 
                and no evidence derived therefrom, may be received in 
                evidence in any trial, hearing, or other proceeding in 
                or before any court, grand jury, department, officer, 
                agency, regulatory body, legislative committee, or 
                other authority of the United States, a State, or a 
                political subdivision thereof.
                    ``(C) No bar to other authorized use.--Nothing in 
                subparagraph (A) or (B) shall be construed to prohibit 
                the United States Secret Service from using a cell-site 
                simulator in accordance with a provision of this 
                section other than subparagraph (A).
            ``(5) Contraband interdiction by correctional facilities.--
        Subsection (a)(1) shall not apply to the use of a contraband 
        interdiction system if the correctional facility or the entity 
        operating the contraband interdiction system for the benefit of 
        the correctional facility--
                    ``(A) has--
                            ``(i) taken reasonable steps to restrict 
                        transmissions by the contraband interdiction 
                        system to cellular devices physically located 
                        within the property of the correctional 
                        facility;
                            ``(ii) posted signs around the correctional 
                        facility informing visitors and staff that the 
                        correctional facility employs such a contraband 
                        interdiction system; and
                            ``(iii) complied with any relevant 
                        regulations promulgated by the Federal 
                        Communications Commission and, as applicable, 
                        policies issued by the National 
                        Telecommunications and Information 
                        Administration;
                    ``(B) annually tests and evaluates compliance with 
                subparagraph (A) in accordance with best practices, 
                which shall be issued by the Federal Communications 
                Commission; and
                    ``(C) not later than 10 business days after 
                identifying an issue relating to the use of the 
                contraband interdiction system, whether in the course 
                of normal business operations or conducting testing and 
                evaluation, submits to the Federal Communications 
                Commission a report describing the issues identified 
                and the steps taken to address the issues.
            ``(6) Testing and training by law enforcement.--Subsection 
        (a)(1) shall not apply to the use of a cell-site simulator by a 
        law enforcement agency of a governmental entity in the normal 
        course of official duties that is not targeted against the 
        communications of any particular person or persons, under 
        procedures approved by the Attorney General, solely to--
                    ``(A) test the capability of electronic equipment, 
                if--
                            ``(i) it is not reasonable to obtain the 
                        consent of the persons incidentally subjected 
                        to the surveillance;
                            ``(ii) the test is limited in extent and 
                        duration to that necessary to determine to 
                        capability of the equipment;
                            ``(iii) any information obtained during 
                        such testing (including metadata) is retained 
                        and used only for the purpose of determining 
                        the capability of the equipment, is disclosed 
                        only to test personnel, and is destroyed before 
                        or immediately upon completion of the test; and
                            ``(iv) the test is for a period of not 
                        longer than 90 days, unless the law enforcement 
                        agency obtains the prior approval of the 
                        Attorney General; or
                    ``(B) train law enforcement personnel in the use of 
                electronic surveillance equipment, if--
                            ``(i) it is not reasonable to--
                                    ``(I) obtain the consent of the 
                                persons incidentally subjected to the 
                                surveillance;
                                    ``(II) train persons in the course 
                                of otherwise authorized law enforcement 
                                activities; or
                                    ``(III) train persons in the use of 
                                such equipment without engaging in 
                                surveillance;
                            ``(ii) such surveillance is limited in 
                        extent and duration to that necessary to train 
                        the personnel in the use of the equipment; and
                            ``(iii) any information obtained during 
                        such training (including metadata) is destroyed 
                        after its use for such training.
            ``(7) FCC testing.--Subsection (a)(1) shall not apply to 
        the use of a cell-site simulator by the Federal Communications 
        Commission, or an accredited testing laboratory recognized by 
        the Federal Communications Commission, in order to test the 
        cell-site simulator.
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be construed to exempt a State or local government from 
        complying with regulations promulgated by the Federal 
        Communications Commission, including the requirement to obtain 
        authorization to transmit on spectrum regulated by the Federal 
        Communications Commission.
    ``(e) Limit on Certain Use Not Conducted Pursuant to Warrants and 
Orders.--The use of a cell-site simulator under subsection (d)(1)(B) of 
this section (which shall not include such a use by a component of the 
Department of Defense or an Armed Force providing assistance to a law 
enforcement agency of a governmental entity under such subsection 
(d)(1)(B)), under section 105(e) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805(e)), or under clause (i) or 
(ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1802(a)(1)(A)) may only be carried out lawfully 
using a specific model of a cell-site simulator for which the 
disclosures required under clauses (i) and (ii) of subsection (d)(1)(C) 
were included with respect to the specific model in connection with--
            ``(1) for use by an element of the intelligence community 
        under title I of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), an application for an order 
        under such Act that was approved; or
            ``(2) for use by a law enforcement agency of a governmental 
        entity, an application for a warrant--
                    ``(A) under the Federal Rules of Criminal Procedure 
                that was approved by a judge of the judicial district 
                in which the law enforcement agency intends to use the 
                cell-site simulator; or
                    ``(B) using State warrant procedures that was 
                approved by a judge of the State in which the law 
                enforcement agency intends to use the cell-site 
                simulator.
    ``(f) Minimization.--
            ``(1) In general.--The Attorney General shall adopt 
        specific procedures that are reasonably designed to minimize 
        the acquisition and retention, and prohibit the dissemination, 
        of information obtained through the use of a cell-site 
        simulator under an exception under paragraph (1) or (2) of 
        subsection (d) that pertains to any person who is not an 
        authorized subject of the use.
            ``(2) Publication.--The Attorney General shall make 
        publicly available on the website of the Department of Justice 
        the procedures adopted under paragraph (1) and any revisions to 
        such procedures.
            ``(3) Use by agencies.--If a law enforcement agency of a 
        governmental entity or element of the intelligence community 
        acquires information pertaining to a person who is not an 
        authorized subject of the use of a cell-site simulator under an 
        exception under paragraph (1) or (2) of subsection (d), the law 
        enforcement agency or element of the intelligence community 
        shall--
                    ``(A) minimize the acquisition and retention, and 
                prohibit the dissemination, of the information in 
                accordance with the procedures adopted under paragraph 
                (1); and
                    ``(B) destroy the information (including metadata) 
                at the earliest possible opportunity.
    ``(g) Disclosure to Defendant.--Any information acquired through 
the operation of a cell-site simulator, or derived from such 
information, shall be disclosed to the defendant in any action in which 
the information is introduced into evidence.
    ``(h) Scope of Collection.--
            ``(1) Authorized use.--Information collected under this 
        section may only include information identifying nearby 
        electronic devices communicating with the cell-site simulator 
        and the strength and direction of transmissions from those 
        electronic devices.
            ``(2) Compliance with wiretapping requirements to obtain 
        contents.--In the case of any interception of a wire or 
        electronic communication by the cell-site simulator--
                    ``(A) with respect to an interception by a law 
                enforcement agency of a governmental entity, the 
                provisions of chapter 119 shall apply in addition to 
                the provisions of this section; and
                    ``(B) with respect to an interception by an element 
                of the intelligence community, the element of the 
                intelligence community may only conduct the 
                surveillance using the cell-site simulator in 
                accordance with an order authorizing the use issued in 
                accordance with title I of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in 
                addition to complying with the provisions of this 
                section.
            ``(3) Compliance with tracking device requirements.--
                    ``(A) In general.--If a cell-site simulator is to 
                be used by a law enforcement agency of a governmental 
                entity to locate or track the movement of a person or 
                object, the provisions of section 3117 and rule 41 of 
                the Federal Rules of Criminal Procedure shall apply in 
                addition to the provisions of this section.
                    ``(B) Court.--For purposes of applying section 3117 
                and rule 41 of the Federal Rules of Criminal Procedure 
                to the use of a cell-site simulator, a court may 
                authorize such use within the jurisdiction of the 
                court, and outside that jurisdiction if--
                            ``(i) the use commences within that 
                        jurisdiction; or
                            ``(ii) at the time the application is 
                        presented to the court, the governmental entity 
                        certifies that it has probable cause to believe 
                        that the target is physically located within 
                        that jurisdiction.
    ``(i) Civil Action.--Any person subject to an unlawful operation of 
a cell-site simulator may bring a civil action for appropriate relief 
(including declaratory and injunctive relief, actual damages, statutory 
damages of not more than $500 for each violation, and attorney fees) 
against the person, including a governmental entity, that conducted 
that unlawful operation before a court of competent jurisdiction.
    ``(j) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this section, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
    ``(k) Definitions.--As used in this section--
            ``(1) the terms defined in section 2711 have, respectively, 
        the definitions given such terms in that section;
            ``(2) the term `advanced communications services' has the 
        meaning given that term in section 3 of the Communications Act 
        of 1934 (47 U.S.C. 153);
            ``(3) the term `cell-site simulator' means any device that 
        functions as or simulates a base station for commercial mobile 
        services or private mobile services in order to identify, 
        locate, or intercept transmissions from cellular devices for 
        purposes other than providing ordinary commercial mobile 
        services or private mobile services;
            ``(4) the term `commercial mobile radio service' has the 
        meaning given that term in section 20.3 of title 47, Code of 
        Federal Regulations, or any successor thereto;
            ``(5) the term `contraband interdiction system' means any 
        device that functions as or simulates a base station for 
        commercial mobile services or private mobile services for 
        purposes of identifying, locating, or intercepting 
        transmissions from contraband cellular devices in correctional 
        facilities;
            ``(6) the term `derived' means, with respect to information 
        or evidence, that the government would not have originally 
        possessed the information or evidence but for the use of a 
        cell-site simulator, and regardless of any claim that the 
        information or evidence is attenuated from the surveillance 
        would inevitably have been discovered, or was subsequently 
        reobtained through other means;
            ``(7) the term `electronic communication' has the meaning 
        given that term in section 2510;
            ``(8) the term `electronic device' has the meaning given 
        the term `computer' in section 1030(e);
            ``(9) the term `emergency call' has the meaning given that 
        term in section 6001 of the Middle Class Tax Relief and Job 
        Creation Act of 2012 (47 U.S.C. 1401));
            ``(10) the term `intelligence community' has the meaning 
        given that term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003);
            ``(11) the term `mitigation' means the deletion of all 
        information collected about a person who is not the subject of 
        the warrant or investigation;
            ``(12) the term `private mobile service' has the meaning 
        given that term in section 332 of the Communications Act of 
        1934 (47 U.S.C. 332);
            ``(13) the term `telecommunications relay service' has the 
        meaning given that term in section 225 of the Communications 
        Act of 1934 (47 U.S.C. 225); and
            ``(14) the term `United States person' has the meaning 
        given that term in section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801).''.
    (b) Foreign Intelligence Surveillance Act of 1978 Requirements.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended--
            (1) in section 101 (50 U.S.C. 1801), by adding at the end 
        the following:
    ``(q) `Cell-site simulator' has the meaning given that term in 
section 3119 of title 18, United States Code.'';
            (2) in section 102(a) (50 U.S.C. 1802(a)), by adding at the 
        end the following:
    ``(5) The Government may only use a cell-site simulator pursuant to 
the authority under clause (i) or (ii) of paragraph (1)(A) without 
obtaining an order under this title authorizing such use if the 
Government has implemented measures that are reasonably likely to limit 
the collection activities to--
            ``(A) means of communications used exclusively between or 
        among foreign powers, as defined in paragraph (1), (2), or (3) 
        of section 101(a); or
            ``(B) property or premises under the open and exclusive 
        control of a foreign power, as defined in paragraph (1), (2), 
        or (3) of section 101(a).'';
            (3) in section 105 (50 U.S.C. 1805), by adding at the end 
        the following:
    ``(k)(1) A judge having jurisdiction under section 103 may issue an 
order under this section that authorizes the use of a cell-site 
simulator only if the applicant--
            ``(A) demonstrates that other investigative procedures, 
        including electronic location tracking methods that solely 
        collect records of the investigative target--
                    ``(i) have been tried and have failed; or
                    ``(ii) reasonably appear to be--
                            ``(I) unlikely to succeed if tried; or
                            ``(II) too dangerous;
            ``(B) specifies the likely area of effect of the cell-site 
        simulator to be used and the time that the cell-site simulator 
        will be in operation;
            ``(C) certifies that the requested area of effect and time 
        of operation are the narrowest reasonably possible to obtain 
        the necessary information; and
            ``(D) demonstrates that the requested use of a cell-site 
        simulator would be in compliance with applicable provisions of 
        the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
        rules of the Federal Communications Commission.
    ``(2) In any application for an order under this section 
authorizing the use of a cell-site simulator, the applicant shall 
include the following:
            ``(A) A disclosure of any potential disruption of the 
        ability of the subject of the surveillance or bystanders to use 
        commercial mobile radio services or private mobile services, 
        including using advanced communications services, to make or 
        receive, as applicable--
                    ``(i) emergency calls (including 9-1-1 calls);
                    ``(ii) calls to the universal telephone number 
                within the United States for the purpose of the 
                national suicide prevention and mental health crisis 
                hotline system under designated under paragraph (4) of 
                section 251(e) of the Communications Act of 1934 (47 
                U.S.C. 251(e)), as added by the National Suicide 
                Hotline Designation Act of 2020 (Public Law 116-172; 
                134 Stat. 832);
                    ``(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 paragraph (1).
            ``(C) A disclosure of the methods and precautions that will 
        be used to minimize disruption, including--
                    ``(i) any limit on the length of time the cell-site 
                simulator can be in continuous operation; and
                    ``(ii) any user-defined limit on the transmission 
                range of the cell-site simulator.
            ``(D) A disclosure as to whether the cell-site simulator 
        will primarily be used at a gathering where constitutionally 
        protected activity, including speech, will occur.
    ``(3) In considering an application for an order under this section 
that authorizes the use of a cell-site simulator, the court shall--
            ``(A) weigh the need of the Government to obtain the 
        information sought against the likelihood and impact of any 
        potential negative side effects disclosed by the Government 
        under paragraph (2); and
            ``(B) not grant a request for an order that would put 
        public safety at risk or unreasonably inconvenience the 
        community.''; and
            (4) in section 704(c)(1) (50 U.S.C. 1881c(c)(1))--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) if the applicant is seeking to use a cell-
                site simulator (as defined in section 101), the 
                requirements that would apply for the use of a cell-
                site simulator in the United States under section 
                105(k) have been satisfied.''.
    (c) Conforming Amendment.--Section 3127 of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking ``but such term does not 
        include any'' and inserting ``except such term does not include 
        any cell-site simulator, as that term is defined in section 
        3119, or''; and
            (2) in paragraph (4) by striking ``of any communication'' 
        and inserting ``of any communication, except such term does not 
        include any cell-site simulator, as that term is defined in 
        section 3119''.
    (d) Inspector General Reports.--
            (1) Definition.--In this subsection, the term ``covered 
        Federal entity'' means--
                    (A) a law enforcement agency of a department or 
                agency of the Federal Government; and
                    (B) an element of the intelligence community (as 
                defined in section 3 of the National Security Act of 
                1947 (50 U.S.C. 3003)).
            (2) Reports.--The Inspector General of the Department of 
        Justice, the Inspector General of the Department of Homeland 
        Security, the Inspector General of the Department of Defense, 
        and the Inspector General of the Intelligence Community shall 
        annually submit to Congress a joint report, and publish an 
        unclassified version of the report on the website of each such 
        inspector general, on--
                    (A) the overall compliance of covered Federal 
                entities with this Act and the amendments made by this 
                Act;
                    (B) the number of applications by covered Federal 
                entities for use of a cell-site simulator that were 
                applied for and the number that were granted;
                    (C) the number of emergency uses of a cell-site 
                simulator under section 3119(d)(1)(B) of title 18, 
                United States Code, as added by this Act;
                    (D) the number of such emergency uses for which a 
                court subsequently issued a warrant authorizing the use 
                and the number of such emergency uses in which an 
                application for a warrant was denied;
                    (E) the number of devices that were targeted with a 
                cell-site simulator, which shall be provided separately 
                for targeting conducted pursuant to a warrant or court 
                order and targeting conducted pursuant to an authority 
                to use a cell-site simulator without a warrant or 
                order;
                    (F) the number of devices that were not the target 
                of the use of a cell-site simulator about which 
                information was obtained with the cell-site simulator, 
                which shall--
                            (i) be provided separately for use 
                        conducted pursuant to a warrant or court order 
                        and use conducted pursuant to an authority to 
                        use a cell-site simulator without a warrant or 
                        order; and
                            (ii) include the number of such devices 
                        about which the information was not destroyed 
                        as a result of the minimization requirements 
                        under section 3119(f) of title 18, United 
                        States Code, as added by this section, which 
                        shall be provided separately for use conducted 
                        pursuant to a warrant or court order and use 
                        conducted pursuant to an authority to use a 
                        cell-site simulator without a warrant or order;
                    (G) which components of a law enforcement agency of 
                a department or agency of the Federal Government are 
                using cell-site simulators and how many are available 
                to that component; and
                    (H) instances in which a law enforcement agency of 
                a department or agency of the Federal Government made 
                cell-site simulators available to a State or unit of 
                local government.
            (3) Form of reports.--Each report submitted under paragraph 
        (2) shall be submitted in unclassified form, but may include a 
        classified annex.
    (e) FCC Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall initiate any proceeding that may be necessary to 
        promulgate or modify regulations promulgated by the Federal 
        Communications Commission to implement this Act and the 
        amendments made by this Act.
            (2) Construction.--Nothing in this Act or an amendment made 
        by this Act shall be construed to expand or contract the 
        authority of the Federal Communications Commission.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (a), (b), (c), and (d) of this section, and the 
        amendments made by such subsections, shall apply on and after 
        the date that is 2 years after the date of enactment of this 
        Act.
            (2) Exceptions.--
                    (A) Definition.--In this paragraph, the term 
                ``cell-site simulator'' has the meaning given that term 
                in section 3119 of title 18, United States Code, as 
                added by subsection (a).
                    (B) Extension for existing cell-site simulators.--
                For any model of a cell-site simulator in use before 
                the date of enactment of this Act, including such use 
                in a contraband interdiction system at a correctional 
                facility, if the Attorney General certifies that 
                additional time is necessary to obtain independent 
                tests of the model of cell-site simulator, subsections 
                (a), (b), (c), and (d) of this section, and the 
                amendments made by such subsections, shall apply to the 
                use of the model of cell-site simulator on and after 
                the date that is 3 years after the date of enactment of 
                this Act.
                                 <all>
Cell-Site Simulator Warrant Act of 2021
A bill to amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes.
Cell-Site Simulator Warrant Act of 2021
Sen. Wyden, Ron