[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2522 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2522
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Mr. Wyden (for himself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to regulate the use of cell-site
simulators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell-Site Simulator Warrant Act of
2025''.
SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE.
(a) Prohibition.--Chapter 205 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3119. Cell-site simulators
``(a) Prohibition of Use.--
``(1) In general.--Except as provided in subsection (d), it
shall be unlawful--
``(A) for any individual or entity to knowingly use
a cell-site simulator in the United States; or
``(B) 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
person.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to authorize a law enforcement agency of a
governmental entity to use a cell-site simulator outside the
United States.
``(b) Penalty.--Any individual or entity that violates subsection
(a)(1) shall be fined not more than $250,000.
``(c) Prohibition of Use as Evidence.--
``(1) In general.--Except as provided in paragraph (2), no
information acquired through the use of a cell-site simulator
in violation of subsection (a)(1), and no evidence derived
therefrom, may be received in evidence in any trial, hearing,
or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof.
``(2) Exception for enforcement.--Information acquired
through the use of a cell-site simulator in violation of
subsection (a)(1) by a person, and evidence derived therefrom,
may be received in evidence in any trial, hearing, or other
proceeding described in paragraph (1) of this subsection
relating to the alleged violation of subsection (a)(1) in
connection with such use.
``(d) Exceptions.--
``(1) In general.--
``(A) Warrant.--
``(i) In general.--Subsection (a)(1) shall
not apply to the use of a cell-site simulator
by a law enforcement agency of a governmental
entity under a warrant issued--
``(I) in accordance with this
subparagraph; and
``(II) using the procedures
described in, and in accordance with
the requirements for executing and
returning a warrant under, the Federal
Rules of Criminal Procedure (or, in the
case of a State court, issued using
State warrant and execution and return
procedures and, in the case of a court-
martial or other proceeding under
chapter 47 of title 10 (the Uniform
Code of Military Justice), issued under
section 846 of that title and in
accordance with the requirements for
executing and returning such a warrant,
in accordance with regulations
prescribed by the President) by a court
of competent jurisdiction.
``(ii) Requirements.--A court may issue a
warrant described in clause (i) (except, with
respect to a State court, 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 State) only if the law
enforcement agency--
``(I) demonstrates that other
investigative procedures, including
electronic location tracking methods
that solely collect records of the
investigative target--
``(aa) have been tried and
have failed; or
``(bb) reasonably appear to
be--
``(AA) unlikely to
succeed if tried; or
``(BB) too
dangerous;
``(II) 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 operation;
``(III) certifies that the
requested area of effect and time of
operation are the narrowest reasonably
possible to obtain the necessary
information; and
``(IV) demonstrates that the
requested use of a cell-site simulator
would be in compliance with applicable
provisions of the Communications Act of
1934 (47 U.S.C. 151 et seq.) and the
rules of the Federal Communications
Commission.
``(iii) Considerations.--In considering an
application for a warrant described in clause
(i), the court shall--
``(I) 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 (C); and
``(II) not grant a request for a
warrant that would put public safety at
risk or unreasonably inconvenience the
community.
``(iv) Period of initial authorization.--No
warrant described in clause (i) may authorize
the use of a cell site simulator for any period
longer than is necessary to achieve the
objective of the authorization, nor in any
event for longer than 30 days.
``(v) Extensions.--
``(I) In general.--A court may
grant extensions of a warrant described
in clause (i), but only upon
application for an extension made in
accordance with clause (i) and the
court considering the factors described
in clause (iii) and determining the
requirements under clause (ii) are met.
``(II) 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 granted, nor in any event for
longer than 30 days.
``(vi) Termination provision.--Each warrant
described in clause (i), and each extension
thereof, 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 objective, or in any event in 30
days.
``(vii) Start of 30-day periods.--The 30-
day periods described in clauses (iv), (v)(II),
and (vi) shall begin on the earlier of--
``(I) the date on which a law
enforcement agency first begins to use
the cell site simulator as authorized
by the warrant, or extension thereof;
or
``(II) the date that is 10 days
after the warrant, or extension
thereof, is issued.
``(B) Emergency.--
``(i) In general.--Subject to clause (ii),
subsection (a)(1) shall not apply to the use of
a cell-site simulator by a law enforcement
agency of a governmental entity, 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 agency, if--
``(I) the governmental entity
reasonably determines an emergency
exists that--
``(aa) involves--
``(AA) immediate
danger of death or
serious physical injury
to any person;
``(BB)
conspiratorial
activities
characteristic of
organized crime; or
``(CC) an immediate
threat to a national
security interest; and
``(bb) requires use of a
cell-site simulator before a
warrant described in
subparagraph (A) can, with due
diligence, be obtained; and
``(II) except in an instance in
which the governmental entity is trying
to locate a lost or missing person,
locate someone believed to have been
abducted or kidnapped, or find victims,
dead or alive, in an area where a
natural disaster, terrorist attack, or
other mass casualty event has taken
place--
``(aa) there are grounds
upon which a warrant described
in subparagraph (A) could be
entered to authorize such use;
and
``(bb) the governmental
entity applies for a warrant
described in subparagraph (A)
approving such use not later
than 48 hours after such use
begins, and takes such steps to
expedite the consideration of
such application as may be
possible.
``(ii) Termination of emergency use.--
``(I) In general.--A law
enforcement agency of a governmental
entity shall immediately terminate use
of a cell-site simulator under clause
(i) 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
(A) is denied.
``(II) Warrant denied.--If an
application for a warrant described in
clause (i)(II)(bb) is denied--
``(aa) any information or
evidence derived from use of
the cell-site simulator shall
be--
``(AA) subject to
subsection (c); and
``(BB) promptly
destroyed by the
applicable law
enforcement agency; and
``(bb) the applicable law
enforcement agency shall serve
an inventory on each person
named in the application.
``(C) Disclosures required in application.--In any
application for a warrant authorizing the use of a
cell-site simulator under subparagraph (A) or (B), the
governmental entity shall include the following:
``(i) 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
services, including using advanced
communications services, to make or receive, as
applicable--
``(I) emergency calls (including 9-
1-1 calls);
``(II) 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 (4) of section 251(e) of the
Communications Act of 1934 (47 U.S.C.
251(e));
``(III) calls to the nationwide
toll-free number for the poison control
centers established under section 1271
of the Public Health Service Act (42
U.S.C. 300d-71);
``(IV) calls using
telecommunications relay services; or
``(V) any other communications or
transmissions.
``(ii) 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 (i).
``(iii) A disclosure of the methods and
precautions that will be used to minimize
disruption, including--
``(I) any limit on the length of
time the cell-site simulator can be in
continuous operation; and
``(II) any user-defined limit on
the transmission range of the cell-site
simulator.
``(iv) A disclosure as to whether the cell-
site simulator will primarily be used at a
gathering where constitutionally protected
activity, including speech, will occur.
``(D) Notice.--
``(i) In general.--Within a reasonable
time, but, subject to clause (ii), not later
than 90 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 warrant, or
extensions thereof, the issuing or denying
judge shall cause to be served on the persons
named in the warrant or the application,