S.Amdt. 4159

SA 4159. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. REPORT ON SURVEILLANCE THREAT POSED BY FOREIGN
GOVERNMENTS AND CRIMINALS USING CELL-SITE
SIMULATORS NEAR FACILITIES OF THE DEPARTMENT OF
DEFENSE.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the surveillance threat posed by foreign governments and
criminals using cell-site simulators near facilities of the
Department of Defense to target the Government-issued and
personal mobile telephones of personnel of the Department.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) A detailed plan for addressing the threat described in
subsection (a) for facilities of the Department located in
the United States and for facilities of the Department
located outside the United States.
(2) An estimate of the initial and ongoing costs necessary
to address such threat and the time it would take to do so.
(3) A description of any legal, regulatory, or policy
impediments, if any, impeding the Secretary from addressing
such threat, and proposals to address such impediments.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Publication.--The Secretary shall make available to the
public on an internet website the unclassified portion of the
report submitted under subsection (a).
(e) Definitions.--In this section:
(1) The term ``cell-site simulator'' means any device that
functions as or simulates a base station for commercial
mobile services or private mobile services in order to
identify, locate, or intercept transmissions from cellular
devices for purposes other than providing ordinary commercial
mobile services or private mobile services.
(2) The term ``commercial mobile service'' has the meaning
given such term in section 332 of the Communications Act of
1934 (47 U.S.C. 332).
(3) The term ``private mobile service'' has the meaning
given that term in section 332 of the Communications Act of
1934 (47 U.S.C. 332).
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