S.Amdt. 2744

1. Adds SEC. 408. GAO REPORT ON CELL-SITE SIMULATORS at the end of the bill

   Adds a section

   In S. 754 · Placed on Calendar Senate

   (b) Modification of Limitation on Dissemination of Certain Information Concerning Penetrations of Defense Contractor Networks.-- Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note) is amended by inserting at the end the following: "The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2015.".

   Inserted: SEC. 408. GAO REPORT ON CELL-SITE SIMULATORS.

   Inserted: (a) Definition.--In this section, the term "appropriate congressional committees" means--

   Inserted: (1) the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Inserted: (2) the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.

   Inserted: (b) Report.--Not later than September 30, 2017, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the use of cell-site simulators (commonly known as "IMSI catchers") by Federal, State, and local agencies inside the United States, which shall include to the extent that information is available--

   Inserted: (1) a list of each Federal, State, and local agency that uses cell-site simulators, and for what purposes;

   Inserted: (2) an explanation of the approval process that Federal, State, and local agencies require prior to use of cell-site simulators, including whether such agencies have written policies;

   Inserted: (3) the number of State and local agencies that are subject to non-disclosure agreements with respect to the use of cell-site simulators, and an analysis of whether the non-disclosure agreements are necessary in light of publicly available information about government use of the devices;

   Inserted: (4) the extent to which the Federal Government is providing or funding the purchase of cell-site simulators for State and local agencies, including which Federal grants are used for such purpose;

   Inserted: (5) an explanation of whether Federal, State, and local agencies obtain judicial approval prior to deployment of cell-site simulators, and if so, what type and with what frequency;

   Inserted: (6) an examination of whether court applications seeking approval for the use of cell-site simulators sufficiently explain how the devices work, including--

   Inserted: (A) whether the devices collect information about non-target phones;

   Show 7 more inserted paragraphsShow less

   Inserted: (B) the extent to which the devices disrupt service to non-target phones; and

   Inserted: (C) how each Federal, State, or local agency intends to address deletion of data not associated with the target phone;

   Inserted: (7) whether any Federal, State, or local agencies are using cell-site simulators to obtain the contents of communications or for purposes other than locating a particular cellular device;

   Inserted: (8) whether Federal, State, or local agencies have policies or procedures governing the deletion of information collected by cell-site simulators;

   Inserted: (9) an evaluation of whether Federal, State, or local agencies have adequate training and auditing mechanisms in place regarding the use of cell-site simulators;

   Inserted: (10) an evaluation of compliance by the Department of Justice its components with Department of Justice policy guidance governing the use of cell-site simulator technology; and

   Inserted: (11) an evaluation of compliance by the Department of Homeland Security and its components with Department of Homeland Security policy guidance governing the use of cell-site simulator technology.

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed