,,ii #aaith ,,congress #ast ,session ,s4 #bebb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbe ,mr4 ,wyden 7for himself and ,mr4 ,daines7 introduced the following bill2 which was read twice and 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-,site ,simulator ,warrant ,act of #bjbe4 #b4 ,prohibition on cell-site simulator use 7a7 ,prohibition ,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 7#a7 ,in general ,except as provided in subsection 7d71 it shall be unlawful-- 7,a7 for any individual or entity to knowingly use a cell-site simulator in the ,united ,states2 or 7,b7 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 person4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to authorize a law enforcement agency of a governmental entity to use a cell-site simulator outside the ,united ,states4 7b7 ,penalty ,any individual or entity that violates subsection 7a77#a7 shall be fined not more than #bej1jjj4 7c7 ,prohibition of use as evidence 7#a7 ,in general ,except as provided in paragraph 7#b71 no information acquired through the use of a cell-site simulator in violation of subsection 7a77#a71 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 7#b7 ,exception for enforcement ,information acquired through the use of a cell-site simulator in violation of subsection 7a77#a7 by a person1 and evidence derived therefrom1 may be received in evidence in any trial1 hearing1 or other proceeding described in paragraph 7#a7 of this subsection relating to the alleged violation of subsection 7a77#a7 in connection with such use4 7d7 ,exceptions 7#a7 ,in general 7,a7 ,warrant 7i7 ,in general ,subsection 7a77#a7 shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity under a warrant issued-- 7,i7 in accordance with this subparagraph2 and 7,,ii7 using the procedures described in1 and in accordance with the requirements for executing and returning a warrant under1 the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant and execution and return procedures and1 in the case of a court-martial or other proceeding under chapter #dg of title #aj 7the ,uniform ,code of ,military ,justice71 issued under section #hdf of that title and in accordance with the requirements for executing and returning such a warrant1 in accordance with regulations prescribed by the ,president7 by a court of competent jurisdiction4 7ii7 ,requirements ,a court may issue a warrant described in clause 7i7 7except1 with respect to a ,state court1 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 ,state7 only if the law enforcement agency-- 7,i7 demonstrates that other investigative procedures1 including electronic location tracking methods that solely collect records of the investigative target-- 7aa7 have been tried and have failed2 or 7bb7 reasonably appear to be-- 7,,aa7 unlikely to succeed if tried2 or 7,,bb7 too dangerous2 7,,ii7 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 operation2 7,,iii7 certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information2 and 7,,iv7 demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and the rules of the ,federal ,communications ,commission4 7iii7 ,considerations ,in considering an application for a warrant described in clause 7i71 the court shall-- 7,i7 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 7,c72 and 7,,ii7 not grant a request for a warrant that would put public safety at risk or unreasonably inconvenience the community4 7iv7 ,period of initial authorization ,no warrant described in clause 7i7 may authorize the use of a cell site simulator for any period longer than is necessary to achieve the objective of the authorization1 nor in any event for longer than #cj days4 7v7 ,extensions 7,i7 ,in general ,a court may grant extensions of a warrant described in clause 7i71 but only upon application for an extension made in accordance with clause 7i7 and the court considering the factors described in clause 7iii7 and determining the requirements under clause 7ii7 are met4 7,,ii7 ,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 granted1 nor in any event for longer than #cj days4 7vi7 ,termination provision ,each warrant described in clause 7i71 and each extension thereof1 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 objective1 or in any event in #cj days4 7vii7 ,start of #cj-;day periods ,the #cj-;day periods described in clauses 7iv71 7v77,,ii71 and 7vi7 shall begin on the earlier of-- 7,i7 the date on which a law enforcement agency first begins to use the cell site simulator as authorized by the warrant1 or extension thereof2 or 7,,ii7 the date that is #aj days after the warrant1 or extension thereof1 is issued4 7,b7 ,emergency 7i7 ,in general ,subject to clause 7ii71 subsection 7a77#a7 shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity1 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 agency1 if-- 7,i7 the governmental entity reasonably determines an emergency exists that-- 7aa7 involves-- 7,,aa7 immediate danger of death or serious physical injury to any person2 7,,bb7 conspiratorial activities characteristic of organized crime2 or 7,,cc7 an immediate threat to a national security interest2 and 7bb7 requires use of a cell-site simulator before a warrant described in subparagraph 7,a7 can1 with due diligence1 be obtained2 and 7,,ii7 except in an instance in which the governmental entity is trying to locate a lost or missing person1 locate someone believed to have been abducted or kidnapped1 or find victims1 dead or alive1 in an area where a natural disaster1 terrorist attack1 or other mass casualty event has taken place-- 7aa7 there are grounds upon which a warrant described in subparagraph 7,a7 could be entered to authorize such use2 and 7bb7 the governmental entity applies for a warrant described in subparagraph 7,a7 approving such use not later than #dh hours after such use begins1 and takes such steps to expedite the consideration of such application as may be possible4 7ii7 ,termination of emergency use 7,i7 ,in general ,a law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause 7i7 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 7,a7 is denied4 7,,ii7 ,warrant denied ,if an application for a warrant described in clause 7i77,,ii77bb7 is denied-- 7aa7 any information or evidence derived from use of the cell-site simulator shall be-- 7,,aa7 subject to subsection 7c72 and 7,,bb7 promptly destroyed by the applicable law enforcement agency2 and 7bb7 the applicable law enforcement agency shall serve an inventory on each person named in the application4 7,c7 ,disclosures required in application ,in any application for a warrant authorizing the use of a cell-site simulator under subparagraph 7,a7 or 7,b71 the governmental entity shall include the following3 7i7 ,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 services1 including using advanced communications services1 to make or receive1 as applicable-- 7,i7 emergency calls 7including #i-a-a calls72 7,,ii7 calls to the universal telephone number within the ,united ,states for the purpose of the national suicide prevention and mental health crisis hotline system designated under paragraph 7#d7 of section #bea7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bea7;e772 7,,iii7 calls to the nationwide toll-free number for the poison control centers established under section #abga of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;d-#ga72 7,,iv7 calls using telecommunications relay services2 or 7,v7 any other communications or transmissions4 7ii7 ,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 7i74 7iii7 ,a disclosure of the methods and precautions that will be used to minimize disruption1 including-- 7,i7 any limit on the length of time the cell-site simulator can be in continuous operation2 and 7,,ii7 any user-defined limit on the transmission range of the cell-site simulator4 7iv7 ,a disclosure as to whether the cell-site simulator will primarily be used at a gathering where constitutionally protected activity1 including speech1 will occur4 7,d7 ,notice 7i7 ,in general ,within a reasonable time1 but1 subject to clause 7ii71 not later than #ij 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 warrant1 or extensions thereof1 the issuing or denying judge shall cause to be served on the persons named in the warrant or the application1 and1 as the judge may determine1 in the discretion of the judge1 is in the interest of justice1 other persons about whose devices the government obtained information with the cell site simulator1 an inventory which shall include notice of-- 7,i7 the fact of the entry of the warrant or the application2 7,,ii7 the date of the entry and the period of authorized1 approved or disapproved use of a cell-site simulator1 or the denial of the application2 and 7,,iii7 whether1 during the period-- 7aa7 information about their device was1 or was not1 obtained by the government2 7bb7 their location was1 or was not1 tracked2 and 7cc7 their communications were1 or were not1 intercepted4 7ii7 ,delay of notice ,on an ex parte showing of good cause to a court of competent jurisdiction1 the serving of the inventory required under clause 7i7 may be postponed4 7#b7 ,foreign intelligence surveillance ,use of a cell-site simulator by an element of the intelligence community shall not be subject to subsection 7a77#a7 if it is conducted in a manner that is in accordance with-- 7,a7 title ,i of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 7including testing or training authorized under paragraph 7#a7 or 7#c7 of section #aje7;g7 of such ,act 7#ej ,u4,s4,c4 #ahje7;g77 7including such testing or training conducted in conjunction with a component of the ,department of ,defense or an ,armed ,force71 if any information obtained during such testing or training 7including metadata7 is destroyed after its use for such testing or training72 or 7,b7 section #gjd7;c77#a77;,e7 of such ,act 7#ej ,u4,s4,c4 #ahha;c7c77#a77;,e774 7#c7 ,research ,subsection 7a77#a7 shall not apply to the use of a cell-site simulator in order to engage1 in good-faith1 in research or teaching by a person that is not-- 7,a7 a law enforcement agency of a governmental entity2 7,b7 an element of the intelligence community2 or 7,c7 acting as an agent thereof4 7#d7 ,protective services 7,a7 ,in general ,subsection 7a77#a7 shall not apply to the use of a cell-site simulator in the performance of protective duties pursuant to section #cjef of this title1 or as otherwise authorized by law4 7,b7 ,prohibition on use as evidence ,no information acquired through the use of a cell-site simulator under the authority under subparagraph 7,a71 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 7,c7 ,no bar to other authorized use ,nothing in subparagraph 7,a7 or 7,b7 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 7,a74 7#e7 ,contraband interdiction by correctional facilities ,subsection 7a77#a7 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-- 7,a7 has-- 7i7 taken reasonable steps to restrict transmissions by the contraband interdiction system to cellular devices physically located within the property of the correctional facility2 7ii7 posted signs around the correctional facility informing visitors and staff that the correctional facility employs such a contraband interdiction system2 and 7iii7 complied with any relevant regulations promulgated by the ,federal ,communications ,commission and1 as applicable1 policies issued by the ,national ,telecommunications and ,information ,administration2 7,b7 annually tests and evaluates compliance with subparagraph 7,a7 in accordance with best practices1 which shall be issued by the ,federal ,communications ,commission2 and 7,c7 not later than #aj business days after identifying an issue relating to the use of the contraband interdiction system1 whether in the course of normal business operations or conducting testing and evaluation1 submits to the ,federal ,communications ,commission a report describing the issues identified and the steps taken to address the issues4 7#f7 ,testing and training by law enforcement ,subsection 7a77#a7 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 persons1 under procedures approved by the ,attorney ,general1 solely to-- 7,a7 test the capability of electronic equipment1 if-- 7i7 it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance2 7ii7 the test is limited in extent and duration to that necessary to determine to capability of the equipment2 7iii7 any information obtained during such testing 7including metadata7 is retained and used only for the purpose of determining the capability of the equipment1 is disclosed only to test personnel1 and is destroyed before or immediately upon completion of the test2 and 7iv7 the test is for a period of not longer than #ij days1 unless the law enforcement agency obtains the prior approval of the ,attorney ,general2 or 7,b7 train law enforcement personnel in the use of electronic surveillance equipment1 if-- 7i7 it is not reasonable to-- 7,i7 obtain the consent of the persons incidentally subjected to the surveillance2 7,,ii7 train persons in the course of otherwise authorized law enforcement activities2 or 7,,iii7 train persons in the use of such equipment without engaging in surveillance2 7ii7 such surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment2 and 7iii7 any information obtained during such training 7including metadata7 is destroyed after its use for such training4 7#g7 ,,fcc ,testing ,subsection 7a77#a7 shall not apply to the use of a cell-site simulator by the ,federal ,communications ,commission1 or an accredited testing laboratory recognized by the ,federal ,communications ,commission1 in order to test the cell-site simulator4 7#h7 ,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 ,commission1 including the requirement to obtain authorization to transmit on spectrum regulated by the ,federal ,communications ,commission4 7e7 ,limit on certain use not conducted pursuant to warrants and orders ,the use of a cell-site simulator under subsection 7d77#a77;,b7 of this section 7which 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 7d77#a77;,b771 under section #aje7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;e771 or under clause 7i7 or 7ii7 of section #ajb7;a77#a77;,a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjb7;a77#a77;,a77 may only be carried out lawfully using a specific model of a cell-site simulator for which the disclosures required under clauses 7i7 and 7ii7 of subsection 7d77#a77;,c7 were included with respect to the specific model in connection with-- 7#a7 for use by an element of the intelligence community under title ,i of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 an application for an order under such ,act that was approved2 or 7#b7 for use by a law enforcement agency of a governmental entity1 an application for a warrant-- 7,a7 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 simulator2 or 7,b7 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 simulator4 7f7 ,minimization 7#a7 ,in general ,the ,attorney ,general shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention1 and prohibit the dissemination1 of information obtained through the use of a cell-site simulator under an exception under paragraph 7#a7 or 7#b7 of subsection 7d7 that pertains to any person who is not an authorized subject of the use4 7#b7 ,publication ,the ,attorney ,general shall make publicly available on the website of the ,department of ,justice the procedures adopted under paragraph 7#a7 and any revisions to such procedures4 7#c7 ,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 7#a7 or 7#b7 of subsection 7d71 the law enforcement agency or element of the intelligence community shall-- 7,a7 minimize the acquisition and retention1 and prohibit the dissemination1 of the information in accordance with the procedures adopted under paragraph 7#a72 and 7,b7 destroy the information 7including metadata7 at the earliest possible opportunity4 7g7 ,disclosure to defendant ,any information acquired through the operation of a cell-site simulator1 or derived from such information1 shall be disclosed to the defendant in any action in which the information is introduced into evidence4 7h7 ,scope of collection 7#a7 ,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 devices4 7#b7 ,compliance with wiretapping requirements to obtain contents ,in the case of any interception of a wire or electronic communication by the cell-site simulator-- 7,a7 with respect to an interception by a law enforcement agency of a governmental entity1 the provisions of chapter #aai shall apply in addition to the provisions of this section2 and 7,b7 with respect to an interception by an element of the intelligence community1 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 #aigh 7#ej ,u4,s4,c4 #ahja et seq471 in addition to complying with the provisions of this section4 7#c7 ,compliance with tracking device requirements 7,a7 ,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 object1 the provisions of section #caag and rule #da of the ,federal ,rules of ,criminal ,procedure shall apply in addition to the provisions of this section4 7,b7 ,court ,for purposes of applying section #caag and rule #da of the ,federal ,rules of ,criminal ,procedure to the use of a cell-site simulator1 a court may authorize such use within the jurisdiction of the court1 and outside that jurisdiction if-- 7i7 the use commences within that jurisdiction2 or 7ii7 at the time the application is presented to the court1 the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction4 7i7 ,civil action ,any person subject to an unlawful operation of a cell-site simulator may bring a civil action for appropriate relief 7including declaratory and injunctive relief1 actual damages1 statutory damages of not more than #ejj for each violation1 and attorney fees7 against the person1 including a governmental entity1 that conducted that unlawful operation before a court of competent jurisdiction4 7j7 ,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 section1 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 violation1 the department or agency shall1 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 warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 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 determination4 7k7 ,definitions ,as used in this section-- 7#a7 the terms defined in section #bgaa have1 respectively1 the definitions given such terms in that section2 7#b7 the term advanced communications services has the meaning given that term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec72 7#c7 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 identify1 locate1 or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services2 7#d7 the term commercial mobile radio service has the meaning given that term in section #bj4c of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7#e7 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 identifying1 locating1 or intercepting transmissions from contraband cellular devices in correctional facilities2 7#f7 the term derived means1 with respect to information or evidence1 that the government would not have originally possessed the information or evidence but for the use of a cell-site simulator1 and regardless of any claim that the information or evidence is attenuated from the surveillance would inevitably have been discovered1 or was subsequently reobtained through other means2 7#g7 the term electronic communication has the meaning given that term in section #beaj2 7#h7 the term electronic device has the meaning given the term computer in section #ajcj7;e72 7#i7 the term emergency call has the meaning given that term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja72 7#aj7 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7#aa7 the term mitigation means the deletion of all information collected about a person who is not the subject of the warrant or investigation2 7#ab7 the term private mobile service has the meaning given that term in section #ccb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb72 7#ac7 the term telecommunications relay service has the meaning given that term in section #bbe of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbe72 and 7#ad7 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 7b7 ,foreign ,intelligence ,surveillance ,act of #aigh requirements ,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 ,cell-site simulator has the meaning given that term in section #caai of title #ah1 ,united ,states ,code4 2 7#b7 in section #ajb7;a7 7#ej ,u4,s4,c4 #ahjb7;a771 by adding at the end the following3 7#e7 ,the ,government may only use a cell-site simulator pursuant to the authority under clause 7i7 or 7ii7 of paragraph 7#a77;,a7 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-- 7,a7 means of communications used exclusively between or among foreign powers1 as defined in paragraph 7#a71 7#b71 or 7#c7 of section #aja7;a72 or 7,b7 property or premises under the open and exclusive control of a foreign power1 as defined in paragraph 7#a71 7#b71 or 7#c7 of section #aja7;a74 2 7#c7 in section #aje 7#ej ,u4,s4,c4 #ahje71 by adding at the end the following3 7k7 7#a7 ,a judge having jurisdiction under section #ajc may issue an order under this section that authorizes the use of a cell-site simulator only if the applicant-- 7,a7 demonstrates that other investigative procedures1 including electronic location tracking methods that solely collect records of the investigative target-- 7i7 have been tried and have failed2 or 7ii7 reasonably appear to be-- 7,i7 unlikely to succeed if tried2 or 7,,ii7 too dangerous2 7,b7 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 operation2 7,c7 certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information2 and 7,d7 demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and the rules of the ,federal ,communications ,commission4 7#b7 ,in any application for an order under this section authorizing the use of a cell-site simulator1 the applicant shall include the following3 7,a7 ,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 services1 including using advanced communications services1 to make or receive1 as applicable-- 7i7 emergency calls 7including #i-a-a calls72 7ii7 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 7#d7 of section #bea7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bea7;e772 7iii7 calls to the nationwide toll-free number for the poison control centers established under section #abga of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;d-#ga72 7iv7 calls using telecommunications relay services2 or 7v7 any other communications or transmissions4 7,b7 ,a certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the ,federal ,communications ,commission to verify the accuracy of the disclosure under subparagraph 7,a74 7,c7 ,a disclosure of the methods and precautions that will be used to minimize disruption1 including-- 7i7 any limit on the length of time the cell-site simulator can be in continuous operation2 and 7ii7 any user-defined limit on the transmission range of the cell-site simulator4 7,d7 ,a disclosure as to whether the cell-site simulator will primarily be used at a gathering where constitutionally protected activity1 including speech1 will occur4 7#c7 ,in considering an application for an order under this section that authorizes the use of a cell-site simulator1 the court shall-- 7,a7 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 7#b72 and 7,b7 not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community4 2 and 7#d7 in section #gjd7;c77#a7 7#ej ,u4,s4,c4 #ahha;c7c77#a77-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 if the applicant is seeking to use a cell-site simulator 7as defined in section #aja71 the requirements that would apply for the use of a cell-site simulator in the ,united ,states under section #aje7k7 have been satisfied4 4 7c7 ,conforming amendment ,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 7d7 ,inspector ,general reports 7#a7 ,definition ,in this subsection1 the term covered ,federal entity means-- 7,a7 a law enforcement agency of a department or agency of the ,federal ,government2 and 7,b7 an element of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc774 7#b7 ,reports ,the ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,department of ,homeland ,security1 the ,inspector ,general of the ,department of ,defense1 and the ,inspector ,general of the ,intelligence ,community shall annually submit to ,congress a joint report1 and publish an unclassified version of the report on the website of each such inspector general1 on-- 7,a7 the overall compliance of covered ,federal entities with this ,act and the amendments made by this ,act2 7,b7 the number of applications by covered ,federal entities for use of a cell-site simulator that were applied for and the number that were granted2 7,c7 the number of emergency uses of a cell-site simulator under section #caai7;d77#a77;,b7 of title #ah1 ,united ,states ,code1 as added by this ,act2 7,d7 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 denied2 7,e7 the number of devices that were targeted with a cell-site simulator1 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 order2 7,f7 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 simulator1 which shall-- 7i7 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 order2 and 7ii7 include the number of such devices about which the information was not destroyed as a result of the minimization requirements under section #caai7;f7 of title #ah1 ,united ,states ,code1 as added by this section1 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 order2 7,g7 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 component2 and 7,h7 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 government4 7#c7 ,form of reports ,each report submitted under paragraph 7#b7 shall be submitted in unclassified form1 but may include a classified annex4 7e7 ,,fcc regulations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 ,act4 7#b7 ,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 ,commission4 7f7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 subsections 7a71 7b71 7c71 and 7d7 of this section1 and the amendments made by such subsections1 shall apply on and after the date that is #b years after the date of enactment of this ,act4 7#b7 ,exceptions 7,a7 ,definition ,in this paragraph1 the term cell-site simulator has the meaning given that term in section #caai of title #ah1 ,united ,states ,code1 as added by subsection 7a74 7,b7 ,extension for existing cell-site simulators ,for any model of a cell-site simulator in use before the date of enactment of this ,act1 including such use in a contraband interdiction system at a correctional facility1 if the ,attorney ,general certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator1 subsections 7a71 7b71 7c71 and 7d7 of this section1 and the amendments made by such subsections1 shall apply to the use of the model of cell-site simulator on and after the date that is #c years after the date of enactment of this ,act4