,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #ccda  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bj1 #bjag,mr4 
,farenthold introduced the following    
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #ah1 ,united ,states    
,code1 to regulate the use of cell-site 
simulators1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,cell ,location ,privacy ,act of   
#bjag4  #b4 ,prohibition on cell-site   
simulator use  7a7 ,in general ,chapter 
#bje of title #ah1 ,united ,states      
,code1 is amended by adding at the end  
the following3  #caai4 ,cell-site       
simulators  7a7 ,prohibition of use     
,except as provided in subsection 7d71  
anyone who knowingly uses a cell-site   
simulator shall be punished as provided 
in subsection 7b74  7b7 ,penalty ,the   
punishment for an offense under         
subsection 7a7 is a fine under this     
title or imprisonment for not more than 
#aj years1 or both4  7c7 ,prohibition of

 use as evidence ,no information        
acquired through the use of a cell-site 
simulator in violation of subsection    
7a71 and no evidence derived therefrom1 
may be received in evidence in any      
trial1 hearing1 or other proceeding in  
or before any court1 grand jury1        
department1 officer1 agency1 regulatory 
body1 legislative committee1 or other   
authority of the ,united ,states1 a     
,state1 or a political subdivision      
thereof4  7d7 ,exceptions ,subsection   
7a7 does not apply to the following3    
7#a7 ,warrant ,use of a cell-site       
simulator by a governmental entity under
 a warrant issued under the procedures  
described in the ,federal ,rules of     
,criminal ,procedure 7or1 in the case of
 a ,state court1 issued under ,state    
warrant procedures7 by a court of       
competent jurisdiction4  7#b7 ,foreign  
intelligence surveillance ,use of a     
cell-site simulator by a governmental   
entity to conduct electronic            
surveillance under the ,foreign         

,intelligence ,service ,act of #aigh    
7#ej ,u4,s4,c4 #ahja et seq474  7#c7    
,emergency ,subject to subsection 7e71  
use of a cell-site simulator by a       
governmental entity1 if-- 7,a7 such     
governmental entity reasonably          
determines an emergency exists that--   
7i7 involves-- 7,i7 immediate danger of 
death or serious physical injury to any 
person2  7,,ii7 conspiratorial          
activities threatening the national     
security interest2 or  7,,iii7          
conspiratorial activities characteristic
 of organized crime2 and  7ii7 requires 
use of a cell-site simulator before a   
warrant can1 with due diligence1 be     
obtained2  7,b7 there are grounds upon  
which a warrant could be entered to     
authorize such use2 and  7,c7 such      
governmental entity applies for a       
warrant approving such use not later    
than #dh hours after such use begins4   
7e7 ,termination of emergency use  7#a7 
,in general ,a governmental entity shall
 immediately terminate use of a         

cell-site simulator under subsection    
7d77#c7 when the information sought is  
obtained or when the application for a  
warrant is denied1 whichever is earlier4
  7#b7 ,prohibition on use as evidence  
,if an application for a warrant under  
subsection 7d77#c7 is denied1 any       
information or evidence derived from use
 of the cell-site simulator shall be    
subject to subsection 7c7 and an        
inventory shall be served on each person
 named in the application4  7f7         
,definitions ,as used in this section-- 
7#a7 the terms defined in section #bgaa 
have1 respectively1 the definitions     
given such terms in that section2 and   
7#b7 the term cell-site simulator means 
any device that simulates facilities for
 the provision of electronic            
communication service4  4  7b7          
,conforming amendments ,section #cabg of
 title #ah1 ,united ,states ,code1 is   
amended--  7#a7 in paragraph 7#c7 by    
striking but such term does not include 
any and inserting except such term does 

not include any cell-site simulator1 as 
that term is defined in section #caai1  
or2 and  7#b7 in paragraph 7#d7 by      
striking of any communication and       
inserting of any communication1 except  
such term does not include any cell-site
 simulator1 as that term is defined in  
section #caai4