,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ghia ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjbj,mrs4 ,wagner introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,intelligence 7,permanent ,select71 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to improve the ability of law enforcement agencies to access encrypted data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lawful ,access to ,encrypted ,data ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,data at rest,sec4 #aja4 ,data at rest4,,title ,,ii--,data in motion,sec4 #bja4 ,assistance4,sec4 #bjb4 ,capability4,sec4 #bjc4 ,,calea amendment4,,title ,,iii--,assistance capability directives,sec4 #cja4 ,assistance capability directives4,,title ,,iv--,pen register and trap and trace amendments,sec4 #dja4 ,capability requirements4,sec4 #djb4 ,defining technical assistance4,,title ,v--,,fisa amendments,sec4 #eja4 ,electronic surveillance within the ,united ,states for foreign intelligence purposes4,sec4 #ejb4 ,physical searches within the ,united ,states for foreign intelligence purposes4,sec4 #ejc4 ,pen register2 trap and trace4,sec4 #ejd4 ,business records4,sec4 #eje4 ,certain acquisitions inside the ,united ,states targeting ,united ,states persons outside the ,united ,states4,,title ,,vi--,prize competition,sec4 #fja4 ,findings4,sec4 #fjb4 ,definitions4,sec4 #fjc4 ,prize competition4,sec4 #fjd4 ,implementation4,sec4 #fje4 ,judges4,sec4 #fjf4 ,report to ,congress4,sec4 #fjg4 ,authorization of appropriations4,sec4 #fjh4 ,termination of authority4,,title ,,vii--,lawful access training,sec4 #gja4 ,lawful access training program4,title ,,viii--,effective date,sec4 #hja4 ,effective date4 ,i ,data at rest #aja4 ,data at rest 7a7 ,in general ,chapter #bje of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #caai4 ,assistance orders to third parties and capability requirements 7a7 ,definitions ,in this section-- 7#a7 the term consumer electronic device means a device that-- 7,a7 may be purchased by a member of the general public2 and 7,b7 can be configured to store #a gigabyte of data or more2 7#b7 the term court of competent jurisdiction means-- 7,a7 a district court of the ,united ,states 7including a magistrate judge of such a court7 or a ,united ,states court of appeals2 and 7,b7 a court of general criminal jurisdiction of a ,state authorized by the law of that ,state to issue search warrants2 7#c7 the term device manufacturer means a person who designs1 manufactures1 fabricates1 or assembles a finished consumer electronic device2 7#d7 the term governmental entity has the meaning given the term in section #bgaa2 7#e7 the term operating system provider means a person who designs1 markets1 or sells software that-- 7,a7 controls the operation of a consumer electronic device2 and 7,b7 directs the processing of programs on the consumer electronic device 7such as by assigning storage space in memory and controlling input and output functions72 7#f7 the term remote computing service has the meaning given the term in section #bgaa2 and 7#g7 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 7b7 ,court order for assistance 7#a7 ,in general ,a court of competent jurisdiction1 in support of a search warrant based upon probable cause issued by the court that authorizes the search of an electronic device or remotely stored electronic information1 shall1 upon receiving a motion described in paragraph 7#c7 that states reasonable grounds to believe that the assistance required by the order will aid in the execution of the warrant1 order a device manufacturer1 an operating system provider1 a provider of remote computing service1 or another person to furnish all information1 facilities1 and assistance necessary to access information stored on an electronic device or to access remotely stored electronic information1 as authorized by the search warrant4 7#b7 ,assistance ,the information1 facilities1 and assistance ordered to be furnished under paragraph 7#a7 shall include-- 7,a7 isolating the information authorized to be searched2 7,b7 decrypting or decoding information on the electronic device or remotely stored electronic information that is authorized to be searched1 or otherwise providing such information in an intelligible format1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7,c7 providing technical support as necessary to ensure effective execution of the warrant for the electronic devices particularly described by the warrant4 7#c7 ,motion ,an attorney for a governmental entity may move that the court issue an order under this subsection-- 7,a7 after a search warrant that authorizes the search of an electronic device or remotely stored electronic information has been issued2 or 7,b7 concurrently with an application for a search warrant described in subparagraph 7,a74 7#d7 ,compensation and exemption from liability 7,a7 ,in general ,subject to subparagraph 7,b71 a device manufacturer1 operating system provider1 provider of remote computing service1 or other person furnishing information1 facilities1 or assistance pursuant to an order issued under this subsection-- 7i7 shall be compensated for reasonable expenses directly incurred in complying with the order2 and 7ii7 may not be held civilly liable to any party for any action taken that is reasonably necessary to comply with the order4 7,b7 ,limitation ,reasonable expenses under subparagraph 7,a7 may not exceed #cjj4 7c7 ,capability ,to assist 7#a7 ,device manufacturers ,a device manufacturer that sold more than #a1jjj1jjj consumer electronic devices in the ,united ,states in #bjaf or any calendar year thereafter1 or that has received an assistance capability directive under section #ceac1 shall ensure that the manufacturer has the ability to provide the assistance described in subsection 7b77#b7 for any consumer electronic device that the manufacturer-- 7,a7 designs1 manufactures1 fabricates1 or assembles2 and 7,b7 intends for sale or distribution in the ,united ,states4 7#b7 ,providers of remote computing service2 operating system providers ,a provider of remote computing service or operating system provider that provided service to more than #a1jjj1jjj subscribers or users in the ,united ,states in #bjaf or any calendar year thereafter1 or that has received an assistance capability directive under section #ceac1 shall ensure that the provider has the ability to provide the assistance described in subparagraphs 7,a7 and 7,b7 of subsection 7b77#b7 for any remotely stored data that the provider processes or stores4 7#c7 ,contracting authorized ,a device manufacturer1 provider of remote computing service1 or operating system provider may satisfy the obligations under this subsection by contracting with any other ,united ,states person or entity to provide the required assistance4 7#d7 ,costs ,a device manufacturer1 provider of remote computing service1 or operating system provider to which this subsection applies shall bear the costs associated with the development of the capability required under this subsection1 including any contracting costs incurred by the device manufacturer1 provider of remote computing service1 or operating system provider under paragraph 7#c71 unless the manufacturer or provider has received an assistance capability directive under section #ceac4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bje of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #caai4 ,assistance orders to third parties and capability requirements4 4 7c7 ,applicability ,the obligation under section #caai7;c77#a7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to a consumer electronic device manufactured on or after the effective date in section #hja of this ,act4 ,,ii ,data in motion #bja4 ,assistance ,section #beah7d7 of title #ah1 ,united ,states ,code1 is amended1 in the undesignated matter following paragraph 7e71 by striking with a minimum of interference with the services that such service provider1 landlord1 custodian1 or person is according the person whose communications are to be intercepted4 ,any provider of wire or electronic communication service1 landlord1 custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance4 and inserting the following3 in a manner designed to uphold the nondisclosure obligations under section #beaa7b77;a77ii74 ,such furnishing of information1 facilities1 and technical assistance shall include-- 7i7 isolating all communications authorized to be intercepted2 7ii7 decrypting1 decoding1 or otherwise providing in an intelligible format the communications authorized to be intercepted1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7iii7 delivering all communications authorized to be intercepted securely1 reliably1 and concurrently with their transmission4 ,any provider of wire or electronic communication service1 landlord1 custodian1 or other person furnishing such information1 facilities1 or technical assistance shall be compensated therefor by the applicant for reasonable expenses directly incurred in providing such information1 facilities1 or assistance4 4 #bjb4 ,capability 7a7 ,in general ,chapter #aai of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bebd4 ,capability requirements 7a7 ,in general ,a provider of wire or electronic communication service that had more than #a1jjj1jjj monthly active users in the ,united ,states in ,january #bjaf or any month thereafter1 or has received an assistance capability directive under section #ceac1 shall ensure that the provider has the ability to provide the information1 facilities1 and technical assistance described in section #beah7d74 7b7 ,calculation of monthly active users ,for purposes of subsection 7a71 the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year4 7c7 ,costs ,a provider of wire or electronic communication service to which subsection 7a7 applies shall bear any costs associated with the development of the capability required under that subsection1 unless the provider has received an assistance capability directive under section #ceac4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aai of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bebd4 ,capability requirements4 4 #bjc4 ,,calea amendment 7a7 ,in general ,section #ajc7;b77#c7 of the ,communications ,assistance for ,law ,enforcement ,act 7#dg ,u4,s4,c4 #ajjb7;b77#c77 is amended-- 7#a7 by striking 1 or ensuring the government's ability to decrypt12 7#b7 by striking the encryption was provided and inserting the means of encryption or other encoding was implemented by or facilitated2 and 7#c7 by striking and the carrier possesses the information necessary to decrypt the communication4 ,,iii ,assistance capability directives #cja4 ,assistance capability directives 7a7 ,in general ,chapter #bbc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ceac4 ,assistance capability directives 7a7 ,definitions ,the definitions in sections #beaj and #caai shall apply to this section4 7b7 ,contents of directives and procedure for issuing 7#a7 ,authority 7,a7 ,in general ,if the ,attorney ,general makes the applicable finding with respect to a person under paragraph 7#c71 the ,attorney ,general may direct the person to create or maintain any of the assistance capabilities described in section #beah1 #bebd1 #caai1 #cabg1 or #cabh4 7,b7 ,written directive ,a directive issued under subparagraph 7,a7 shall be in writing4 7#b7 ,required reporting ,not later than #cj days after the date on which a person receives a directive from the ,attorney ,general under paragraph 7#a71 the person shall report to the ,attorney ,general1 or a designee of the ,attorney ,general1 on1 at a minimum-- 7,a7 any technical capabilities that the person knows or expects to be necessary to implement and comply with an anticipated court order or other lawful authorization under section #beah1 #caai1 or #cabc2 and 7,b7 the timeline of the person for developing and deploying the technical capabilities described in subparagraph 7,a74 7#c7 ,findings ,the ,attorney ,general may issue a directive to a person under paragraph 7#a7 only if the ,attorney ,general finds-- 7,a7 in the case of assistance capabilities described in section #beah1 #bebd1 or #cabh that during the preceding calendar year1 communications occurring over services the person offers1 provides1 or has access to were subject to not fewer than #e court orders issued under-- 7i7 chapter #aai of this title2 or 7ii7 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq472 or 7,b7 in the case of assistance capabilities described in section #caai1 that1 during the preceding calendar year1 data stored in any device1 service1 or operating system sold or licensed by the person was subject to not fewer than #e ,federal or ,state search warrants4 7#d7 ,release from liability ,no civil cause of action shall lie in any court against a person who receives a directive under paragraph 7#a7 for any action or omission reasonably necessary to comply with the directive4 7#e7 ,effective date and expiration date of directives 7,a7 ,in general ,subject to subparagraph 7,b71 a directive issued under paragraph 7#a7 shall contain-- 7i7 a date on which the directive takes effect2 and 7ii7 a date when the directive expires4 7,b7 ,limits ,a directive issued under paragraph 7#a7 may not-- 7i7 take effect earlier than #ahj days after the date on which the directive is issued2 or 7ii7 expire later than #b years after the date on which the directive takes effect4 7#f7 ,reporting ,not later than #cj days after the date on which a directive issued under paragraph 7#a7 takes effect1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a copy of the directive4 7#g7 ,no technical demands ,a directive issued to a person under paragraph 7#a7 may not specify technical means by which the person is required to implement the required capabilities4 7c7 ,challenges of directives and appeal 7#a7 ,petition ,not later than #cj days after the date on which the ,attorney ,general issues a directive to a person under subsection 7b71 the person may file a petition to modify or set aside the directive in the ,united ,states ,district ,court for the ,district of ,columbia4 7#b7 ,consideration of petition 7,a7 ,grant ,the court may grant a petition filed under paragraph 7#a7 only if-- 7i7 the directive does not meet the requirements of this section2 7ii7 the person filing the petition demonstrates1 by clear and convincing evidence1 that it is technically impossible for the person to make any change to the way the hardware1 software1 or other property of the person behaves in order to comply with the directive2 or 7iii7 the directive is otherwise unlawful4 7,b7 ,denial ,if none of the bases for granting a petition under subparagraph 7,a7 are met1 the court shall deny the petition4 7,c7 ,ex parte review 7i7 ,in general ,in considering a petition filed under paragraph 7#a71 the court may review any information that the ,attorney ,general1 upon filing an affidavit under oath that disclosure of the information would harm the national security of the ,united ,states or harm the enforcement of criminal law1 chooses to provide to the court solely for ex parte review4 7ii7 ,no waiver of privilege ,the exercise of the authority under clause 7i7 does not waive any applicable privilege4 7#c7 ,initial review 7,a7 ,deadline ,not later than #cj days after the date on which a petition is filed under paragraph 7#a71 the court shall conduct an initial review of the petition4 7,b7 ,review ,if the court determines that the petition does not consist of claims1 defenses1 or other legal contentions that are warranted by existing law or by a non-frivolous argument for extending1 modifying1 or reversing existing law or for establishing new law1 the court shall immediately-- 7i7 deny the petition2 7ii7 affirm the directive or any part of the directive that is the subject of the petition2 and 7iii7 order the recipient to comply with the directive or part thereof4 7,c7 ,written statement ,upon making a determination under subparagraph 7,b7 or promptly thereafter1 the court shall provide a written statement for the record of the reasons for the determination4 7#d7 ,plenary review 7,a7 ,deadline ,if the court determines that a petition filed under paragraph 7#a7 requires plenary review-- 7i7 not later than #fj days after the petition is filed1 the court shall affirm1 modify1 or set aside the directive that is the subject of the petition2 or 7ii7 if the court does not set aside the directive by the date specified under clause 7i71 the court shall immediately1 or in any event not later than #e days thereafter-- 7,i7 affirm or affirm with modifications the directive2 and 7,,ii7 order the person who received the directive to comply with the directive in its entirety or as modified4 7,b7 ,written statement ,upon making a determination under subparagraph 7,a7 or promptly thereafter1 the court shall provide a written statement for the record of the reasons for the determination4 7#e7 ,appeals 7,a7 ,right of appeal ,the ,attorney ,general or a person who receives a directive under subsection 7b7 may appeal a final order of the district court under this subsection not later than #cj days after entry of the order4 7,b7 ,procedure ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall expedite the consideration of any appeal brought under this paragraph1 and the expense or effort required to comply with a directive issued under subsection 7b7 shall not be a basis for staying a final order of the district court under this subsection pending appeal4 7d7 ,enforcement of directives 7#a7 ,failure to comply ,if a person fails to comply with a directive issued under subsection 7b71 the ,attorney ,general may file a petition for an order to compel the person to comply with the directive in the ,united ,states ,district ,court for the ,district of ,columbia1 which shall have jurisdiction to review the petition4 7#b7 ,ex parte review 7,a7 ,in general ,in considering a petition filed under paragraph 7#a71 the court may review any information that the ,attorney ,general1 upon filing an affidavit under oath that disclosure of the information would harm the national security of the ,united ,states or harm the enforcement of criminal law1 chooses to provide to the court solely for ex parte review4 7,b7 ,no waiver of privilege ,the exercise of the authority under subparagraph 7,a7 does not waive any applicable privilege4 7#c7 ,order to comply 7,a7 ,in general ,not later than #cj days after a petition is filed under paragraph 7#a71 the court shall issue an order requiring the person to comply with the directive or any part of the directive1 as issued or as modified1 if the court finds that the directive meets the requirements of this section and is otherwise lawful4 7,b7 ,written statement ,upon making a determination under subparagraph 7,a7 or promptly thereafter1 the court shall provide a written statement for the record of the reasons for the determination4 7#d7 ,penalty ,failure to obey an order issued under paragraph 7#c7 shall constitute contempt of court4 7#e7 ,process ,any process under this subsection may be served in any judicial district in which the recipient may be found or does business4 7#f7 ,appeals 7,a7 ,right of appeal ,the ,attorney ,general or a person who receives a directive under subsection 7b7 may appeal a final order of the district court under this subsection not later than #cj days after entry of the order4 7,b7 ,procedure ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall expedite the consideration of any appeal brought under this paragraph1 and the expense or effort required to comply with a directive issued under subsection 7b7 shall not be a basis for staying a final order of the district court order under this subsection pending appeal4 7e7 ,cost reimbursement 7#a7 ,in general ,subject to paragraph 7#c71 a person who receives a directive under subsection 7b7 shall be compensated therefor by the ,united ,states for reasonable expenses directly incurred in complying with the directive4 7#b7 ,amount ,the amount of compensation provided under paragraph 7#a7-- 7,a7 shall be mutually agreed upon by the ,attorney ,general and the person complying with the directive2 or 7,b7 in the absence of an agreement under subparagraph 7,a71 shall be determined by the ,united ,states ,district ,court for the ,district of ,columbia4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bbc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ceac4 ,assistance capability directives4 4 ,,iv ,pen register and trap and trace amendments #dja4 ,capability requirements 7a7 ,in general ,chapter #bjf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cabh4 ,capability requirements 7a7 ,pen register capability 7#a7 ,in general ,a wire or electronic communication service provider that had more than #a1jjj1jjj monthly active users in the ,united ,states in ,january #bjaf or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs 7#c7 and 7#g7 of section #cabg directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section #cabc7;d77#b74 7#b7 ,calculation of monthly active users ,for purposes of paragraph 7#a71 the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year4 7b7 ,trap and trace capability 7#a7 ,in general ,a provider of wire or electronic communication service that had more than #a1jjj1jjj monthly users in the ,united ,states in ,january #bjaf or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs 7#d7 and 7#g7 of section #cabg directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section #cabc7;d77#b74 7#b7 ,calculation of monthly active users ,for purposes of paragraph 7#a71 the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year4 7c7 ,compensation 7#a7 ,in general ,subject to paragraph 7#b71 a provider of wire or electronic communication service that provides the information described in paragraph 7#c71 7#d71 or 7#g7 of section #cabg directly to a law enforcement agency shall be compensated for reasonable expenses directly incurred in providing the information4 7#b7 ,limitation ,reasonable expenses under paragraph 7#a7 may not exceed #aej4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bjf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cabh4 ,capability requirements4 4 #djb4 ,defining technical assistance ,section #cabg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 the term technical assistance includes-- 7,a7 isolating all dialing1 routing1 addressing1 and signaling information authorized to be acquired2 7,b7 decrypting1 decoding1 or otherwise providing in an intelligible format the dialing1 routing1 addressing1 and signaling information authorized to be acquired1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7,c7 delivering all dialing1 routing1 addressing1 and signaling information authorized to be acquired securely1 reliably1 and concurrently with its transmission4 4 ,v ,,fisa amendments #eja4 ,electronic surveillance within the ,united ,states for foreign intelligence purposes ,title ,i of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7#a7 in section #aja 7#ej ,u4,s4,c4 #ahja71 by adding at the end the following3 7q7 ,technical assistance includes-- 7#a7 isolating all communications or information authorized to be acquired2 7#b7 decrypting1 decoding1 or otherwise providing in an intelligible format the communications or information authorized to be acquired1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7#c7 delivering all communications or information authorized to be acquired securely1 reliably1 and concurrently with their transmission4 2 and 7#b7 in section #aje7;c77#b77;,b71 by striking produce a minimum of interference with the services that such carrier1 landlord1 custodian1 or other person is providing that target of electronic surveillance and inserting in a manner designed to minimize the possibility of alerting the target whose communications are to be intercepted4 #ejb4 ,physical searches within the ,united ,states for foreign intelligence purposes ,title ,,iii of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahba et seq47 is amended-- 7#a7 in section #cja 7#ej ,u4,s4,c4 #ahba71 by adding at the end the following3 7#f7 ,assistance includes-- 7,a7 isolating all information1 material1 or property to be seized1 reproduced1 or altered2 7,b7 decrypting1 decoding1 or otherwise providing in an intelligible format the information1 material1 or property to be seized1 reproduced1 or altered1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7,c7 providing technical support as necessary to ensure effective execution of an order under this title4 2 and 7#b7 in section #cjd7;c77#b77;,b7 7#ej ,u4,s4,c4 #ahbd7;c77#b77;,b771 by striking produce a minimum of interference with the services that such landlord1 custodian1 or other person is providing the target of the physical search and inserting in a manner designed to minimize the possibility of alerting the target of the physical search4 #ejc4 ,pen register2 trap and trace ,section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following3 7#e7 ,the term technical assistance includes-- 7,a7 isolating all dialing1 routing1 addressing1 and signaling information authorized to be acquired2 7,b7 decrypting1 decoding1 or otherwise providing in an intelligible format the dialing1 routing1 addressing1 and signaling information authorized to be acquired1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7,c7 delivering all dialing1 routing1 addressing1 and signaling information authorized to be acquired securely1 reliably1 and concurrently with its transmission4 4 #ejd4 ,business records ,section #eja7k7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7k77 is amended by adding at the end the following3 7#e7 ,technical assistance ,the term technical assistance includes-- 7,a7 isolating the tangible things 7including call detail records7 required to be produced2 7,b7 decrypting1 decoding1 or otherwise providing in an intelligible format the tangible things required to be produced1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 and 7,c7 delivering all tangible things required to be produced securely1 reliably1 and no later than the date on which an order under this title requires their production4 4 #eje4 ,certain acquisitions inside the ,united ,states targeting ,united ,states persons outside the ,united ,states ,section #gjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;b7 is amended by adding at the end the following3 7h7 ,assistance defined ,for purposes of this section1 the term assistance includes-- 7#a7 isolating all communications or information authorized to be acquired2 7#b7 decrypting1 decoding1 or otherwise providing in an intelligible format the communications or information authorized to be acquired1 unless the independent actions of an unaffiliated entity make it technically impossible to do so2 7#c7 delivering the communications or information authorized to be acquired securely1 reliably1 and concurrently with their transmission2 and 7#d7 providing technical support as necessary to ensure effective execution of an order under this section4 4 ,,vi ,prize competition #fja4 ,findings ,congress finds the following3 7#a7 ,the rapidly growing use of warrant-proof encryption in everyday devices1 platforms1 and systems allows illegal actors engaged in dangerous criminal activity--including child sexual abuse1 terrorism1 and international narcotics trafficking--to use encryption to shield their illicit activities from authorities4 7#b7 ,because of warrant-proof encryption1 the government often cannot obtain the electronic evidence and intelligence necessary to investigate and prosecute threats to public safety and national security1 even with a warrant or court order4 ,this provides a lawless space that criminals1 terrorists1 and other bad actors can exploit for their nefarious ends4 7#c7 ,many service providers1 device manufacturers1 and application developers who use encryption fail to implement technology that would allow the government to obtain electronic evidence necessary to investigate and prosecute threats to public safety and national security4 7#d7 ,the ,fourth ,amendment to the ,constitution of the ,united ,states strikes a balance between the individual citizen's reasonable expectation of privacy on one hand1 and on the other1 the legitimate need for the government to gain access to the most intimate spaces in citizens' lives in order to protect the public from criminal actors4 7#e7 ,the ,framers of the ,constitution provided specific barriers to government intrusion into the individual's private1 intimate space--namely1 that the government must show by probable cause that evidence of a crime exists in that intimate space1 and must have a neutral magistrate1 detached from the law enforcement interest1 approve law enforcement's request and issue a warrant4 7#f7 ,once the government satisfies the burden of showing probable cause to a neutral magistrate1 the government is entitled to search and seize evidence of a crime in an individual's private space4 7#g7 ,that careful balancing of interests established by the ,framers has continued to be calibrated throughout the history of the ,united ,states as different challenges have arisen1 including1 most notably1 technological advances in daily life4 ,for example1 ,congress has imposed additional statutory requirements that the government must meet and that a judge must find satisfied before a court can authorize interception of communications4 ,but the individual's right to privacy has never been absolute4 7#h7 ,if not addressed1 criminal anonymity actuated by end-to-end encryption technology will continue to pose a serious risk to the public4 7#i7 ,nevertheless1 advances in technology continue without due consideration of issues of lawful access4 7#aj7 ,moreover1 very little1 if any1 resources from the private sector or from educational and research institutions are devoted to finding technological solutions to providing lawful access within different encrypted technological platforms4 7#aa7 ,more resources should be devoted to incentivizing the best minds in the ,united ,states to research the issues described in this section and decide how to best provide the most secure products and services to customers while also providing law enforcement access to information the government needs to investigate criminals seeking to do the public harm and to protect national security4 #fjb4 ,definitions ,in this title3 7#a7 ,applicant ,the term applicant means an individual1 group of individuals1 organization1 nonprofit1 or university that applies to participate in the prize competition under this title4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7#c7 ,attorney ,general ,except as otherwise provided1 the term ,attorney ,general means the ,attorney ,general1 acting through the ,director of the ,national ,institute of ,justice4 7#d7 ,prize ,the term prize means a cash prize4 7#e7 ,prize competition ,the term prize competition means the prize competition established under section #fjc4 #fjc4 ,prize competition 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall1 subject to the availability of funds appropriated under this title1 establish in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 a prize competition-- 7#a7 to incentivize and encourage research and innovation into solutions providing law enforcement access to encrypted data pursuant to legal process2 and 7#b7 to award one or more prizes1 not later than #a year after the establishment of the prize competition1 for technological solutions that provide law enforcement access to encrypted data pursuant to legal process4 7b7 ,requirements ,technological solutions described in subsection 7a77#b7 shall include-- 7#a7 providing maximum security for the device1 platform1 or system1 consistent with the lawful access solution1 to reduce the opportunity for unlawful hacking2 and 7#b7 reducing or eliminating broad surveillance capabilities not targeted at specified facilities or individuals pursuant to a warrant or order within the lawful access solution4 7c7 ,eligibility 7#a7 ,in general ,to be eligible to win a prize under the prize competition1 an applicant-- 7,a7 shall have complied with-- 7i7 the requirements of the competition as described in the announcement for the competition2 and 7ii7 subsections 7g71 7h71 and 7i7 of section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 7relating to eligibility72 7,b7 in the case of a private entity1 shall be incorporated in the ,united ,states and maintain a primary place of business in the ,united ,states2 and 7,c7 in the case of an individual1 whether participating singly or in a group1 shall be a citizen of1 or an alien lawfully admitted for permanent residence in1 the ,united ,states4 7#b7 ,exclusions ,the following entities and individuals shall not be eligible to win a prize under the prize competition3 7,a7 ,a ,federal entity4 7,b7 ,a ,federal employee acting within the scope of employment4 7d7 ,prioritization ,in selecting the winner or winners of the prize competition1 the ,attorney ,general shall give priority to projects that-- 7#a7 incorporate a robust proof of concept model demonstrating the feasibility of the proposed technology achieving the intended goals of the competition as described in paragraph 7a72 and 7#b7 include a strategy1 submitted with the application or proposal1 to move the new technology1 hardware1 or other processes to market-scale deployment4 #fjd4 ,implementation 7a7 ,duties ,in implementing the prize competition1 the ,attorney ,general shall-- 7#a7 advertise the prize competition2 7#b7 solicit participants2 7#c7 use amounts made available under section #fjg7;a7-- 7,a7 to administer the prize competition2 and 7,b7 to award one or more prizes2 7#d7 develop criteria for the selection of winners2 7#e7 select judges under section #fje based on criteria developed by the ,attorney ,general2 7#f7 announce1 and award a prize to1 one or more winners2 7#g7 protect against unauthorized use or disclosure of any trade secret or confidential business information of a participant2 and 7#h7 promulgate any rules and regulations necessary to carry out this title1 including rules and regulations for submitting and reviewing applications4 7b7 ,award 7#a7 ,recommendation by judges ,after conducting a thorough review of each of the applicant submissions for the prize competition1 the judges appointed under section #fje shall-- 7,a7 submit in writing to the ,attorney ,general a recommendation for an award to one or more winners of the prize competition2 or 7,b7 if the judges determine that none of the applicant submissions merit an award1 submit in writing to the ,attorney ,general a recommendation that no applicant be awarded a prize1 including a detailed explanation stating the reasons why no applicant merits an award4 7#b7 ,selection by ,attorney ,general 7,a7 ,in general ,not later than #a year after the date on which the ,attorney ,general establishes the prize competition1 and after reviewing the recommendation submitted under paragraph 7#a71 the ,attorney ,general shall select one or more winners of the prize competition and award a prize to each winner4 7,b7 ,recommendation of no prize ,if the judges recommend under paragraph 7#a77;,b7 that no applicant be awarded a prize1 the ,attorney ,general may-- 7i7 select one or more award winners1 notwithstanding the recommendation of the judges1 and award a prize to each winner2 or 7ii7 award no prize to any applicant4 7,c7 ,notification of no prize ,if the ,attorney ,general determines not to award a prize to any applicant under subparagraph 7,b77ii71 the ,attorney ,general shall notify the appropriate congressional committees not later than #ij days after that determination4 7c7 ,assistance from other parties 7#a7 ,administration by third-party organization 7,a7 ,in general ,the ,attorney ,general may enter into an agreement1 including a grant1 contract1 or cooperative agreement1 with a non-profit or for-profit third-party organization1 under which the third-party organization administers the prize competition4 7,b7 ,consultation2 division of authority ,if the ,attorney ,general enters into a contract with a third-party organization under subparagraph 7,a71 the third-party organization shall consult with the ,attorney ,general on1 and the ,attorney ,general shall have the authority to make the final decision with respect to-- 7i7 the development of criteria for the selection of prize competition winners under subsection 7a77#d72 and 7ii7 the selection of judges under section #fje4 7#b7 ,non-,federal funds ,the ,attorney ,general may solicit and receive non-,federal funds to administer the prize competition and award a prize4 #fje4 ,judges 7a7 ,appointment ,the ,attorney ,general shall appoint not fewer than #c judges who shall1 except as provided in section #fjd7;b77#a77;,b71 recommend one or more winners of the prize competition4 7b7 ,qualifications ,each judge appointed under subsection 7a7 shall-- 7#a7 have subject matter expertise in cryptology and encryption-related technology1 including relevant devices1 platforms1 and systems2 7#b7 have an understanding of-- 7,a7 protections afforded to ,united ,states citizens by the ,constitution of the ,united ,states against unreasonable searches and seizures by the government2 and 7,b7 the legal authorities that permit the government to search and seize the personal effects of ,united ,states citizens1 particularly with respect to-- 7i7 the search and seizure of individuals' data from technological devices1 platforms1 or systems2 and 7ii7 the interception of communications over technological devices1 platforms1 or systems2 and 7#c7 have experience with law enforcement capabilities for lawful access to data and limitations on lawful access to data across various technological devices1 platforms1 and systems that use encrypted technology4 #fjf4 ,report to ,congress ,not later than #ij days after the date on which the ,attorney ,general awards one or more prizes under section #fjd7;b77#b71 the ,attorney ,general shall submit to the appropriate congressional committees a report on the prize competition that includes-- 7#a7 a statement by the ,attorney ,general that describes the activities carried out by the ,attorney ,general with respect to the duties described in section #fjd7;a72 7#b7 if the ,attorney ,general has entered into an agreement with a third-party organization under section #fjd7;c77#a71 a statement by the ,attorney ,general that describes the activities carried out by the third-party organization with respect to the duties described in section #fjd7;c72 and 7#c7 a statement by the ,attorney ,general explaining the basis on which each winner of the prize competition was selected4 #fjg4 ,authorization of appropriations 7a7 ,authorization 7#a7 ,in general ,there are authorized to be appropriated such sums as may be necessary1 not to exceed #ej1jjj1jjj1 to carry out this title4 7#b7 ,minimization of administrative expenses ,the ,attorney ,general shall make all reasonable efforts to control the administrative expenses of the prize competition so that the majority of the amounts made available under paragraph 7#a7 are used for the prize or prizes awarded to the winner or winners of the prize competition under section #fjc4 7b7 ,approval of certain awards ,the value of a prize awarded to a winner of the prize competition under section #fjc may not exceed #a1jjj1jjj without the approval of the ,attorney ,general or the ,director of the ,national ,institute of ,justice4 7c7 ,reimbursement of expenses ,a judge appointed under section #fje shall serve without pay1 but may be reimbursed for actual and necessary traveling and subsistence expenses4 #fjh4 ,termination of authority ,the prize competition and all authority provided under this title shall terminate on ,december #ca1 #bjbb4 ,,vii ,lawful access training #gja4 ,lawful access training program 7a7 ,definitions ,in this section3 7#a7 ,cooperative agreement ,the term cooperative agreement means a legal instrument of financial assistance between a ,federal awarding agency or pass-through entity and a non-,federal entity1 consistent with sections #fcjb and #fcje of title #ca1 ,united ,states ,code4 7#b7 ,provider ,the term provider means-- 7,a7 a device manufacturer1 an operating system provider1 and a provider of remote computing service1 as those terms are defined in section #caai of title #ah1 ,united ,states ,code1 as added by title ,i of this ,act2 and 7,b7 a provider of electronic communication service1 as defined in section #beaj of title #ah1 ,united ,states ,code4 7#c7 ,training ,program ,the term ,training ,program means the lawful access training and assistance program established under subsection 7b74 7b7 ,establishment ,the ,attorney ,general shall establish a lawful access training and real-time assistance program that draws upon the resources of the ,national ,domestic ,communications ,center 7commonly known as the ,,ndcac7 and other relevant components of the ,department of ,justice as appropriate4 7c7 ,activities 7#a7 ,training 7,a7 ,in general ,the primary purpose of the ,training ,program shall be to provide training and assistance for law enforcement personnel1 with a particular emphasis on ,state and local personnel1 on relevant technology and communications platforms1 including how to submit appropriately tailored applications for digital evidence1 consistent with existing legal requirements and protections for privacy and civil liberties4 7,b7 ,consultation ,the ,attorney ,general may consult with providers regarding the training and assistance under subparagraph 7,a74 7,c7 ,contents ,training and assistance under the ,training ,program shall include-- 7i7 designing and providing training to distribute knowledge and expertise1 including-- 7,i7 consulting with the most qualified experts in law enforcement and the technology industry to assist in the development of all ,training ,program materials2 7,,ii7 identifying current effective law enforcement training programs and tools2 7,,iii7 identifying gaps in current law enforcement training programs and tools2 7,,iv7 producing and maintaining training materials and curricula that will be used in classroom training sessions as well as for distribution to law enforcement agencies for reference2 7,v7 in coordination with providers1 delivering information and guidance on accessing digital evidence from specific providers to improve outcomes with regard to particular technology devices1 platforms1 or systems2 and 7,,vi7 establishing and promoting the use of a consistent set of clear standards for securing and minimizing data collected by law enforcement2 7ii7 serving as a centralized repository of knowledge and expertise about provider systems and procedures for submitting requests for data2 7iii7 coordinating with ,federal1 ,state1 and international training programs1 as well as any private-sector and nonprofit initiatives2 7iv7 building and maintaining analytic and forensic tools to assist law enforcement agencies in interpreting data that has been obtained from service providers and devices2 7v7 hiring and employing technical specialists that can help develop and maintain analytic and forensic tools2 7vi7 conducting relevant research and analysis to identify the greatest challenges with respect to the ability of law enforcement agencies to access and analyze digital evidence2 and 7vii7 providing a call center for law enforcement officials to seek advice and assistance regarding accessing and analyzing digital evidence4 7#b7 ,other functions ,in carrying out the ,training ,program1 the ,attorney ,general shall develop and coordinate additional functions to improve lawful access to digital evidence1 including the following3 7,a7 ,identifying and providing resources ,the ,attorney ,general shall-- 7i7 work with the ,office of ,justice ,programs to identify grants and other grant-making bodies to support law enforcement access to digital evidence2 and 7ii7 include programs in the training activities that inform law enforcement agencies of the grants described in clause 7i7 and other resources that support-- 7,i7 training programs2 7,,ii7 development and distribution of analytical tools2 and 7,,iii7 maintenance of crime labs4 7,b7 ,development of authentication system ,the ,attorney ,general shall work with providers and law enforcement agencies from ,federal1 ,state1 and local systems to identify options for1 and develop1 a system for verifying that an individual requesting data from a provider is a law enforcement official entitled to such access pursuant to lawful authority4 7,c7 ,coordinating international efforts ,the ,attorney ,general shall coordinate with international partners to-- 7i7 help set baseline standards and practices to lawfully access digital evidence2 7ii7 promote standards to ensure the protection of privacy and civil liberties1 and to the extent practical and helpful1 harmonize efforts across borders4 7,d7 ,developing master database ,the ,attorney ,general shall-- 7i7 develop a master database to track investigations in the ,united ,states in which a law enforcement agency secured the legal authority to access digital data but otherwise cannot gain access to that data in an intelligible format due to encryption2 and 7ii7 through the training activities described in paragraph 7#a71 encourage the robust participation from ,state and local authorities that is necessary to populate the database described in clause 7i7 of this subparagraph4 7,e7 ,other activities ,the ,attorney ,general1 in carrying out the ,training ,program1 shall provide any additional activities and services determined appropriate by the ,attorney ,general4 7d7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,attorney ,general to carry out this section #ej1jjj1jjj for fiscal year #bjbj1 which shall remain available until expended4 7#b7 ,limitation ,not more than #e percent of the amount appropriated under paragraph 7#a7 may be used to carry out activities under subsection 7e77#b74 7e7 ,cooperative agreement 7#a7 ,assistance ,the ,attorney ,general may enter into a cooperative agreement with providers or other persons to-- 7,a7 provide regular training to law enforcement agencies through the ,training ,program on information that is potentially available from devices1 operating systems1 remote computing services1 or electronic communication services1 and on provider policies1 in order to facilitate tailored and specific applications from law enforcement agencies2 7,b7 maintain up-to-date and comprehensive guidance for law enforcement agencies regarding accessing information from providers2 7,c7 develop or maintain online mechanisms to-- 7i7 receive law enforcement requests for data2 and 7ii7 provide dated1 electronic confirmation of receipt of a request described in clause 7i72 and 7,d7 assist with other tasks as determined necessary by the ,,ndcac4 7#b7 ,donations 7,a7 ,in general ,the ,,ndcac may solicit and accept donations for the ,training ,program from providers or other persons to be used to carry out this section4 7,b7 ,private funding requirement ,the ,,ndcac may not carry out the ,training ,program during a fiscal year1 including fiscal year #bjbj1 unless and until the ,,ndcac has received funding for that fiscal year under subparagraph 7,a7 in an amount equal to the amount authorized to be appropriated for fiscal year #bjbj under subsection 7d77#a74 7f7 ,report 7#a7 ,in general ,not later than #a year after the effective date in section #hja of this ,act1 and once thereafter not later than #b years after that effective date1 the ,,ndcac shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the ,training ,program4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include-- 7,a7 ongoing efforts to identify and respond to gaps in training and distribution of technical tools2 7,b7 the state of cooperation with providers2 7,c7 novel uses of legal authorities2 7,d7 any new policies and best practices being seriously considered or adopted2 and 7,e7 funding contributed by private individuals1 organizations1 and entities4 ,,viii ,effective date #hja4 ,effective date ,titles ,i through ,v of this ,act1 and the amendments made by those titles1 shall take effect #a year after the date of enactment of this ,act4