II 

116TH CONGRESS 

2D SESSION S. 4051 

To improve the ability of law enforcement agencies to access encrypted data, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2020 

Mr. GRAHAM (for himself, Mr. COTTON, and Mrs. BLACKBURN) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To improve the ability of law enforcement agencies to access 

encrypted data, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawful Access to 

5 Encrypted Data Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DATA AT REST 

Sec. 101. Data at rest. 


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TITLE II—DATA IN MOTION 

Sec. 201. Assistance. 

Sec. 202. Capability. 

Sec. 203. CALEA amendment. 

TITLE III—ASSISTANCE CAPABILITY DIRECTIVES 

Sec. 301. Assistance capability directives. 

TITLE IV—PEN REGISTER AND TRAP AND TRACE AMENDMENTS 

Sec. 401. Capability requirements. 

Sec. 402. Defining technical assistance. 

TITLE V—FISA AMENDMENTS 

Sec. 501. Electronic surveillance within the United States for foreign intelligence purposes. 

Sec. 502. Physical searches within the United States for foreign intelligence 

purposes. 

Sec. 503. Pen register; trap and trace. 

Sec. 504. Business records. 

Sec. 505. Certain acquisitions inside the United States targeting United States 

persons outside the United States. 

TITLE VI—PRIZE COMPETITION 

Sec. 601. Findings. 

Sec. 602. Definitions. 

Sec. 603. Prize competition. 

Sec. 604. Implementation. 

Sec. 605. Judges. 

Sec. 606. Report to Congress. 

Sec. 607. Authorization of appropriations. 

Sec. 608. Termination of authority. 

TITLE VII—LAWFUL ACCESS TRAINING 

Sec. 701. Lawful access training program. 

TITLE VIII—EFFECTIVE DATE 

Sec. 801. Effective date. 

1 TITLE I—DATA AT REST 

2 SEC. 101. DATA AT REST. 

3 (a) IN GENERAL.—Chapter 205 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 


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1 ‘‘§ 3119. Assistance orders to third parties and capa2 bility requirements 

3 ‘‘(a) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘consumer electronic device’ 

5 means a device that— 

6 ‘‘(A) may be purchased by a member of 

7 the general public; and 

8 ‘‘(B) can be configured to store 1 gigabyte 

9 of data or more; 

10 ‘‘(2) the term ‘court of competent jurisdiction’ 

11 means— 

12 ‘‘(A) a district court of the United States 

13 (including a magistrate judge of such a court) 

14 or a United States court of appeals; and 

15 ‘‘(B) a court of general criminal jurisdic16 tion of a State authorized by the law of that 

17 State to issue search warrants; 

18 ‘‘(3) the term ‘device manufacturer’ means a 

19 person who designs, manufactures, fabricates, or as20 sembles a finished consumer electronic device; 

21 ‘‘(4) the term ‘governmental entity’ has the 

22 meaning given the term in section 2711; 

23 ‘‘(5) the term ‘operating system provider’ 

24 means a person who designs, markets, or sells soft25 ware that— 


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1 ‘‘(A) controls the operation of a consumer 

2 electronic device; and 

3 ‘‘(B) directs the processing of programs on 

4 the consumer electronic device (such as by as5 signing storage space in memory and control6 ling input and output functions); 

7 ‘‘(6) the term ‘remote computing service’ has 

8 the meaning given the term in section 2711; and 

9 ‘‘(7) the term ‘State’ means any State of the 

10 United States, the District of Columbia, the Com11 monwealth of Puerto Rico, and any territory or pos12 session of the United States. 

13 ‘‘(b) COURT ORDER FOR ASSISTANCE.— 

14 ‘‘(1) IN GENERAL.—A court of competent juris15 diction, in support of a search warrant based upon 

16 probable cause issued by the court that authorizes 

17 the search of an electronic device or remotely stored 

18 electronic information, shall, upon receiving a mo19 tion described in paragraph (3) that states reason20 able grounds to believe that the assistance required 

21 by the order will aid in the execution of the warrant, 

22 order a device manufacturer, an operating system 

23 provider, a provider of remote computing service, or 

24 another person to furnish all information, facilities, 

25 and assistance necessary to access information 


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1 stored on an electronic device or to access remotely 

2 stored electronic information, as authorized by the 

3 search warrant. 

4 ‘‘(2) ASSISTANCE.—The information, facilities, 

5 and assistance ordered to be furnished under para6 graph (1) shall include— 

7 ‘‘(A) isolating the information authorized 

8 to be searched; 

9 ‘‘(B) decrypting or decoding information 

10 on the electronic device or remotely stored elec11 tronic information that is authorized to be 

12 searched, or otherwise providing such informa13 tion in an intelligible format, unless the inde14 pendent actions of an unaffiliated entity make 

15 it technically impossible to do so; and 

16 ‘‘(C) providing technical support as nec17 essary to ensure effective execution of the war18 rant for the electronic devices particularly de19 scribed by the warrant. 

20 ‘‘(3) MOTION.—An attorney for a governmental 

21 entity may move that the court issue an order under 

22 this subsection— 

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1 motely stored electronic information has been 

2 issued; or 

3 ‘‘(B) concurrently with an application for a 

4 search warrant described in subparagraph (A). 

5 ‘‘(4) COMPENSATION AND EXEMPTION FROM LI6 ABILITY.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), a device manufacturer, operating 

9 system provider, provider of remote computing 

10 service, or other person furnishing information, 

11 facilities, or assistance pursuant to an order 

12 issued under this subsection— 

13 ‘‘(i) shall be compensated for reason14 able expenses directly incurred in com15 plying with the order; and 

16 ‘‘(ii) may not be held civilly liable to 

17 any party for any action taken that is rea18 sonably necessary to comply with the 

19 order. 

20 ‘‘(B) LIMITATION.—Reasonable expenses 

21 under subparagraph (A) may not exceed $300. 

22 ‘‘(c) CAPABILITY TO ASSIST.— 

23 ‘‘(1) DEVICE MANUFACTURERS.—A device man24 ufacturer that sold more than 1,000,000 consumer 

25 electronic devices in the United States in 2016 or 


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1 any calendar year thereafter, or that has received an 

2 assistance capability directive under section 3513, 

3 shall ensure that the manufacturer has the ability to 

4 provide the assistance described in subsection (b)(2) 

5 for any consumer electronic device that the manufac6 turer— 

7 ‘‘(A) designs, manufactures, fabricates, or 

8 assembles; and 

9 ‘‘(B) intends for sale or distribution in the 

10 United States. 

11 ‘‘(2) PROVIDERS OF REMOTE COMPUTING SERV12 ICE; OPERATING SYSTEM PROVIDERS.—A provider of 

13 remote computing service or operating system pro14 vider that provided service to more than 1,000,000 

15 subscribers or users in the United States in 2016 or 

16 any calendar year thereafter, or that has received an 

17 assistance capability directive under section 3513, 

18 shall ensure that the provider has the ability to pro19 vide the assistance described in subparagraphs (A) 

20 and (B) of subsection (b)(2) for any remotely stored 

21 data that the provider processes or stores. 

22 ‘‘(3) CONTRACTING AUTHORIZED.—A device 

23 manufacturer, provider of remote computing service, 

24 or operating system provider may satisfy the obliga25 tions under this subsection by contracting with any 


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1 other United States person or entity to provide the 

2 required assistance. 

3 ‘‘(4) COSTS.—A device manufacturer, provider 

4 of remote computing service, or operating system 

5 provider to which this subsection applies shall bear 

6 the costs associated with the development of the ca7 pability required under this subsection, including 

8 any contracting costs incurred by the device manu9 facturer, provider of remote computing service, or 

10 operating system provider under paragraph (3), un11 less the manufacturer or provider has received an 

12 assistance capability directive under section 3513.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 205 of title 18, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

‘‘3119. Assistance orders to third parties and capability requirements.’’. 

17 (c) APPLICABILITY.—The obligation under section 

18 3119(c)(1) of title 18, United States Code, as added by 

19 subsection (a), shall apply with respect to a consumer elec20 tronic device manufactured on or after the effective date 

21 in section 801 of this Act. 

22 TITLE II—DATA IN MOTION 

23 SEC. 201. ASSISTANCE. 

24 Section 2518(4) of title 18, United States Code, is 

25 amended, in the undesignated matter following paragraph 


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1 (e), by striking ‘‘with a minimum of interference with the 

2 services that such service provider, landlord, custodian, or 

3 person is according the person whose communications are 

4 to be intercepted. Any provider of wire or electronic com5 munication service, landlord, custodian or other person 

6 furnishing such facilities or technical assistance shall be 

7 compensated therefor by the applicant for reasonable ex8 penses incurred in providing such facilities or assistance.’’ 

9 and inserting the following: ‘‘in a manner designed to up10 hold the nondisclosure obligations under section 

11 2511(2)(a)(ii). 

12 Such furnishing of information, facilities, and technical as13 sistance shall include— 

14 ‘‘(i) isolating all communications au15 thorized to be intercepted; 

16 ‘‘(ii) decrypting, decoding, or other17 wise providing in an intelligible format the 

18 communications authorized to be inter19 cepted, unless the independent actions of 

20 an unaffiliated entity make it technically 

21 impossible to do so; and 

22 ‘‘(iii) delivering all communications 

23 authorized to be intercepted securely, reli24 ably, and concurrently with their trans25 mission. 


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1 Any provider of wire or electronic communication service, 

2 landlord, custodian, or other person furnishing such infor3 mation, facilities, or technical assistance shall be com4 pensated therefor by the applicant for reasonable expenses 

5 directly incurred in providing such information, facilities, 

6 or assistance.’’. 

7 SEC. 202. CAPABILITY. 

8 (a) IN GENERAL.—Chapter 119 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 2524. Capability requirements 

12 ‘‘(a) IN GENERAL.—A provider of wire or electronic 

13 communication service that had more than 1,000,000 

14 monthly active users in the United States in January 2016 

15 or any month thereafter, or has received an assistance ca16 pability directive under section 3513, shall ensure that the 

17 provider has the ability to provide the information, facili18 ties, and technical assistance described in section 2518(4). 

19 ‘‘(b) CALCULATION OF MONTHLY ACTIVE USERS.— 

20 For purposes of subsection (a), the number of monthly 

21 active users of a wire or electronic communication service 

22 shall be calculated by taking the average of the number 

23 of individual users or subscribers of the service that are 

24 active per month in any calendar year. 


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1 ‘‘(c) COSTS.—A provider of wire or electronic commu2 nication service to which subsection (a) applies shall bear 

3 any costs associated with the development of the capability 

4 required under that subsection, unless the provider has re5 ceived an assistance capability directive under section 

6 3513.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections for chapter 119 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

‘‘2524. Capability requirements.’’. 

11 SEC. 203. CALEA AMENDMENT. 

12 (a) IN GENERAL.—Section 103(b)(3) of the Commu13 nications Assistance for Law Enforcement Act (47 U.S.C. 

14 1002(b)(3)) is amended— 

15 (1) by striking ‘‘, or ensuring the government’s 

16 ability to decrypt,’’; 

17 (2) by striking ‘‘the encryption was provided’’ 

18 and inserting ‘‘the means of encryption or other en19 coding was implemented by or facilitated’’; and 

20 (3) by striking ‘‘and the carrier possesses the 

21 information necessary to decrypt the communica22 tion’’. 


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1 TITLE III—ASSISTANCE 

2 CAPABILITY DIRECTIVES 

3 SEC. 301. ASSISTANCE CAPABILITY DIRECTIVES. 

4 (a) IN GENERAL.—Chapter 223 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3513. Assistance capability directives 

8 ‘‘(a) DEFINITIONS.—The definitions in sections 2510 

9 and 3119 shall apply to this section. 

10 ‘‘(b) CONTENTS OF DIRECTIVES AND PROCEDURE

11 FOR ISSUING.— 

12 ‘‘(1) AUTHORITY.— 

13 ‘‘(A) IN GENERAL.—If the Attorney Gen14 eral makes the applicable finding with respect 

15 to a person under paragraph (3), the Attorney 

16 General may direct the person to create or 

17 maintain any of the assistance capabilities de18 scribed in section 2518, 2524, 3119, 3127, or 

19 3128. 

20 ‘‘(B) WRITTEN DIRECTIVE.—A directive 

21 issued under subparagraph (A) shall be in writ22 ing. 

23 ‘‘(2) REQUIRED REPORTING.—Not later than 

24 30 days after the date on which a person receives a 

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1 graph (1), the person shall report to the Attorney 

2 General, or a designee of the Attorney General, on, 

3 at a minimum— 

4 ‘‘(A) any technical capabilities that the 

5 person knows or expects to be necessary to im6 plement and comply with an anticipated court 

7 order or other lawful authorization under sec8 tion 2518, 3119, or 3123; and 

9 ‘‘(B) the timeline of the person for devel10 oping and deploying the technical capabilities 

11 described in subparagraph (A). 

12 ‘‘(3) FINDINGS.—The Attorney General may 

13 issue a directive to a person under paragraph (1) 

14 only if the Attorney General finds— 

15 ‘‘(A) in the case of assistance capabilities 

16 described in section 2518, 2524, or 3128 that 

17 during the preceding calendar year, communica18 tions occurring over services the person offers, 

19 provides, or has access to were subject to not 

20 fewer than 5 court orders issued under— 

21 ‘‘(i) chapter 119 of this title; or 

22 ‘‘(ii) the Foreign Intelligence Surveil23 lance Act of 1978 (50 U.S.C. 1801 et 

24 seq.); or 


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1 ‘‘(B) in the case of assistance capabilities 

2 described in section 3119, that, during the pre3 ceding calendar year, data stored in any device, 

4 service, or operating system sold or licensed by 

5 the person was subject to not fewer than 5 Fed6 eral or State search warrants. 

7 ‘‘(4) RELEASE FROM LIABILITY.—No civil 

8 cause of action shall lie in any court against a per9 son who receives a directive under paragraph (1) for 

10 any action or omission reasonably necessary to com11 ply with the directive. 

12 ‘‘(5) EFFECTIVE DATE AND EXPIRATION DATE

13 OF DIRECTIVES.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), a directive issued under paragraph 

16 (1) shall contain— 

17 ‘‘(i) a date on which the directive 

18 takes effect; and 

19 ‘‘(ii) a date when the directive expires. 

20 ‘‘(B) LIMITS.—A directive issued under 

21 paragraph (1) may not— 

22 ‘‘(i) take effect earlier than 180 days 

23 after the date on which the directive is 

24 issued; or 


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1 ‘‘(ii) expire later than 2 years after 

2 the date on which the directive takes ef3 fect. 

4 ‘‘(6) REPORTING.—Not later than 30 days after 

5 the date on which a directive issued under para6 graph (1) takes effect, the Attorney General shall 

7 submit to the Committee on the Judiciary of the 

8 Senate and the Committee on the Judiciary of the 

9 House of Representatives a copy of the directive. 

10 ‘‘(7) NO TECHNICAL DEMANDS.—A directive 

11 issued to a person under paragraph (1) may not 

12 specify technical means by which the person is re13 quired to implement the required capabilities. 

14 ‘‘(c) CHALLENGES OF DIRECTIVES AND APPEAL.— 

15 ‘‘(1) PETITION.—Not later than 30 days after 

16 the date on which the Attorney General issues a di17 rective to a person under subsection (b), the person 

18 may file a petition to modify or set aside the direc19 tive in the United States District Court for the Dis20 trict of Columbia. 

21 ‘‘(2) CONSIDERATION OF PETITION.— 

22 ‘‘(A) GRANT.—The court may grant a pe23 tition filed under paragraph (1) only if— 

24 ‘‘(i) the directive does not meet the 

25 requirements of this section; 


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1 ‘‘(ii) the person filing the petition 

2 demonstrates, by clear and convincing evi3 dence, that it is technically impossible for 

4 the person to make any change to the way 

5 the hardware, software, or other property 

6 of the person behaves in order to comply 

7 with the directive; or 

8 ‘‘(iii) the directive is otherwise unlaw9 ful. 

10 ‘‘(B) DENIAL.—If none of the bases for 

11 granting a petition under subparagraph (A) are 

12 met, the court shall deny the petition. 

13 ‘‘(C) EX PARTE REVIEW.— 

14 ‘‘(i) IN GENERAL.—In considering a 

15 petition filed under paragraph (1), the 

16 court may review any information that the 

17 Attorney General, upon filing an affidavit 

18 under oath that disclosure of the informa19 tion would harm the national security of 

20 the United States or harm the enforcement 

21 of criminal law, chooses to provide to the 

22 court solely for ex parte review. 

23 ‘‘(ii) NO WAIVER OF PRIVILEGE.—The 

24 exercise of the authority under clause (i) 

25 does not waive any applicable privilege. 


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1 ‘‘(3) INITIAL REVIEW.— 

2 ‘‘(A) DEADLINE.—Not later than 30 days 

3 after the date on which a petition is filed under 

4 paragraph (1), the court shall conduct an initial 

5 review of the petition. 

6 ‘‘(B) REVIEW.—If the court determines 

7 that the petition does not consist of claims, de8 fenses, or other legal contentions that are war9 ranted by existing law or by a non-frivolous ar10 gument for extending, modifying, or reversing 

11 existing law or for establishing new law, the 

12 court shall immediately— 

13 ‘‘(i) deny the petition; 

14 ‘‘(ii) affirm the directive or any part 

15 of the directive that is the subject of the 

16 petition; and 

17 ‘‘(iii) order the recipient to comply 

18 with the directive or part thereof. 

19 ‘‘(C) WRITTEN STATEMENT.—Upon mak20 ing a determination under subparagraph (B) or 

21 promptly thereafter, the court shall provide a 

22 written statement for the record of the reasons 

23 for the determination. 

24 ‘‘(4) PLENARY REVIEW.— 


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1 ‘‘(A) DEADLINE.—If the court determines 

2 that a petition filed under paragraph (1) re3 quires plenary review— 

4 ‘‘(i) not later than 60 days after the 

5 petition is filed, the court shall affirm, 

6 modify, or set aside the directive that is 

7 the subject of the petition; or 

8 ‘‘(ii) if the court does not set aside 

9 the directive by the date specified under 

10 clause (i), the court shall immediately, or 

11 in any event not later than 5 days there12 after— 

13 ‘‘(I) affirm or affirm with modi14 fications the directive; and 

15 ‘‘(II) order the person who re16 ceived the directive to comply with the 

17 directive in its entirety or as modified. 

18 ‘‘(B) WRITTEN STATEMENT.—Upon mak19 ing a determination under subparagraph (A) or 

20 promptly thereafter, the court shall provide a 

21 written statement for the record of the reasons 

22 for the determination. 

23 ‘‘(5) APPEALS.— 

24 ‘‘(A) RIGHT OF APPEAL.—The Attorney 

25 General or a person who receives a directive 


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1 under subsection (b) may appeal a final order 

2 of the district court under this subsection not 

3 later than 30 days after entry of the order. 

4 ‘‘(B) PROCEDURE.—The United States 

5 Court of Appeals for the District of Columbia 

6 Circuit shall expedite the consideration of any 

7 appeal brought under this paragraph, and the 

8 expense or effort required to comply with a di9 rective issued under subsection (b) shall not be 

10 a basis for staying a final order of the district 

11 court under this subsection pending appeal. 

12 ‘‘(d) ENFORCEMENT OF DIRECTIVES.— 

13 ‘‘(1) FAILURE TO COMPLY.—If a person fails to 

14 comply with a directive issued under subsection (b), 

15 the Attorney General may file a petition for an order 

16 to compel the person to comply with the directive in 

17 the United States District Court for the District of 

18 Columbia, which shall have jurisdiction to review the 

19 petition. 

20 ‘‘(2) EX PARTE REVIEW.— 

21 ‘‘(A) IN GENERAL.—In considering a peti22 tion filed under paragraph (1), the court may 

23 review any information that the Attorney Gen24 eral, upon filing an affidavit under oath that 

25 disclosure of the information would harm the 


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1 national security of the United States or harm 

2 the enforcement of criminal law, chooses to pro3 vide to the court solely for ex parte review. 

4 ‘‘(B) NO WAIVER OF PRIVILEGE.—The ex5 ercise of the authority under subparagraph (A) 

6 does not waive any applicable privilege. 

7 ‘‘(3) ORDER TO COMPLY.— 

8 ‘‘(A) IN GENERAL.—Not later than 30 

9 days after a petition is filed under paragraph 

10 (1), the court shall issue an order requiring the 

11 person to comply with the directive or any part 

12 of the directive, as issued or as modified, if the 

13 court finds that the directive meets the require14 ments of this section and is otherwise lawful. 

15 ‘‘(B) WRITTEN STATEMENT.—Upon mak16 ing a determination under subparagraph (A) or 

17 promptly thereafter, the court shall provide a 

18 written statement for the record of the reasons 

19 for the determination. 

20 ‘‘(4) PENALTY.—Failure to obey an order 

21 issued under paragraph (3) shall constitute con22 tempt of court. 

23 ‘‘(5) PROCESS.—Any process under this sub24 section may be served in any judicial district in 

25 which the recipient may be found or does business. 


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1 ‘‘(6) APPEALS.— 

2 ‘‘(A) RIGHT OF APPEAL.—The Attorney 

3 General or a person who receives a directive 

4 under subsection (b) may appeal a final order 

5 of the district court under this subsection not 

6 later than 30 days after entry of the order. 

7 ‘‘(B) PROCEDURE.—The United States 

8 Court of Appeals for the District of Columbia 

9 Circuit shall expedite the consideration of any 

10 appeal brought under this paragraph, and the 

11 expense or effort required to comply with a di12 rective issued under subsection (b) shall not be 

13 a basis for staying a final order of the district 

14 court order under this subsection pending ap15 peal. 

16 ‘‘(e) COST REIMBURSEMENT.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (3), a 

18 person who receives a directive under subsection (b) 

19 shall be compensated therefor by the United States 

20 for reasonable expenses directly incurred in com21 plying with the directive. 

22 ‘‘(2) AMOUNT.—The amount of compensation 

23 provided under paragraph (1)— 


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1 ‘‘(A) shall be mutually agreed upon by the 

2 Attorney General and the person complying 

3 with the directive; or 

4 ‘‘(B) in the absence of an agreement under 

5 subparagraph (A), shall be determined by the 

6 United States District Court for the District of 

7 Columbia.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of sections for chapter 223 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

‘‘3513. Assistance capability directives.’’. 

12 TITLE IV—PEN REGISTER AND 

13 TRAP AND TRACE AMENDMENTS 

14 SEC. 401. CAPABILITY REQUIREMENTS. 

15 (a) IN GENERAL.—Chapter 206 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3128. Capability requirements 

19 ‘‘(a) PEN REGISTER CAPABILITY.— 

20 ‘‘(1) IN GENERAL.—A wire or electronic com21 munication service provider that had more than 

22 1,000,000 monthly active users in the United States 

23 in January 2016 or any month thereafter shall en24 sure that the provider has the ability to provide the 

25 information described in paragraphs (3) and (7) of 


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1 section 3127 directly to law enforcement agencies in 

2 an intelligible format unobtrusively and in a manner 

3 designed to uphold the nondisclosure obligations 

4 under section 3123(d)(2). 

5 ‘‘(2) CALCULATION OF MONTHLY ACTIVE

6 USERS.—For purposes of paragraph (1), the number 

7 of monthly active users of a wire or electronic com8 munication service shall be calculated by taking the 

9 average of the number of individual users or sub10 scribers of the service that are active per month in 

11 any calendar year. 

12 ‘‘(b) TRAP AND TRACE CAPABILITY.— 

13 ‘‘(1) IN GENERAL.—A provider of wire or elec14 tronic communication service that had more than 

15 1,000,000 monthly users in the United States in 

16 January 2016 or any month thereafter shall ensure 

17 that the provider has the ability to provide the infor18 mation described in paragraphs (4) and (7) of sec19 tion 3127 directly to law enforcement agencies in an 

20 intelligible format unobtrusively and in a manner de21 signed to uphold the nondisclosure obligations under 

22 section 3123(d)(2). 

23 ‘‘(2) CALCULATION OF MONTHLY ACTIVE

24 USERS.—For purposes of paragraph (1), the number 

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1 munication service shall be calculated by taking the 

2 average of the number of individual users or sub3 scribers of the service that are active per month in 

4 any calendar year. 

5 ‘‘(c) COMPENSATION.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

7 provider of wire or electronic communication service 

8 that provides the information described in paragraph 

9 (3), (4), or (7) of section 3127 directly to a law en10 forcement agency shall be compensated for reason11 able expenses directly incurred in providing the in12 formation. 

13 ‘‘(2) LIMITATION.—Reasonable expenses under 

14 paragraph (1) may not exceed $150.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections for chapter 206 of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

‘‘3128. Capability requirements.’’. 

19 SEC. 402. DEFINING TECHNICAL ASSISTANCE. 

20 Section 3127 of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (5), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (6), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(7) the term ‘technical assistance’ includes— 

3 ‘‘(A) isolating all dialing, routing, address4 ing, and signaling information authorized to be 

5 acquired; 

6 ‘‘(B) decrypting, decoding, or otherwise 

7 providing in an intelligible format the dialing, 

8 routing, addressing, and signaling information 

9 authorized to be acquired, unless the inde10 pendent actions of an unaffiliated entity make 

11 it technically impossible to do so; and 

12 ‘‘(C) delivering all dialing, routing, ad13 dressing, and signaling information authorized 

14 to be acquired securely, reliably, and concur15 rently with its transmission.’’. 

16 TITLE V—FISA AMENDMENTS 

17 SEC. 501. ELECTRONIC SURVEILLANCE WITHIN THE 

18 UNITED STATES FOR FOREIGN INTEL19 LIGENCE PURPOSES. 

20 Title I of the Foreign Intelligence Surveillance Act 

21 of 1978 (50 U.S.C. 1801 et seq.) is amended— 

22 (1) in section 101 (50 U.S.C. 1801), by adding 

23 at the end the following: 

24 ‘‘(q) ‘Technical assistance’ includes— 


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1 ‘‘(1) isolating all communications or informa2 tion authorized to be acquired; 

3 ‘‘(2) decrypting, decoding, or otherwise pro4 viding in an intelligible format the communications 

5 or information authorized to be acquired, unless the 

6 independent actions of an unaffiliated entity make it 

7 technically impossible to do so; and 

8 ‘‘(3) delivering all communications or informa9 tion authorized to be acquired securely, reliably, and 

10 concurrently with their transmission.’’; and 

11 (2) in section 105(c)(2)(B), by striking 

12 ‘‘produce a minimum of interference with the serv13 ices that such carrier, landlord, custodian, or other 

14 person is providing that target of electronic surveil15 lance’’ and inserting ‘‘in a manner designed to mini16 mize the possibility of alerting the target whose com17 munications are to be intercepted’’. 

18 SEC. 502. PHYSICAL SEARCHES WITHIN THE UNITED 

19 STATES FOR FOREIGN INTELLIGENCE PUR20 POSES. 

21 Title III of the Foreign Intelligence Surveillance Act 

22 of 1978 (50 U.S.C. 1821 et seq.) is amended— 

23 (1) in section 301 (50 U.S.C. 1821), by adding 

24 at the end the following: 

25 ‘‘(6) ‘Assistance’ includes— 


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1 ‘‘(A) isolating all information, material, or 

2 property to be seized, reproduced, or altered; 

3 ‘‘(B) decrypting, decoding, or otherwise 

4 providing in an intelligible format the informa5 tion, material, or property to be seized, repro6 duced, or altered, unless the independent ac7 tions of an unaffiliated entity make it tech8 nically impossible to do so; and 

9 ‘‘(C) providing technical support as nec10 essary to ensure effective execution of an order 

11 under this title.’’; and 

12 (2) in section 304(c)(2)(B) (50 U.S.C. 

13 1824(c)(2)(B)), by striking ‘‘produce a minimum of 

14 interference with the services that such landlord, 

15 custodian, or other person is providing the target of 

16 the physical search’’ and inserting ‘‘in a manner de17 signed to minimize the possibility of alerting the tar18 get of the physical search’’. 

19 SEC. 503. PEN REGISTER; TRAP AND TRACE. 

20 Section 401 of the Foreign Intelligence Surveillance 

21 Act of 1978 (50 U.S.C. 1841) is amended by adding at 

22 the end the following: 

23 ‘‘(5) The term ‘technical assistance’ includes— 


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1 ‘‘(A) isolating all dialing, routing, address2 ing, and signaling information authorized to be 

3 acquired; 

4 ‘‘(B) decrypting, decoding, or otherwise 

5 providing in an intelligible format the dialing, 

6 routing, addressing, and signaling information 

7 authorized to be acquired, unless the inde8 pendent actions of an unaffiliated entity make 

9 it technically impossible to do so; and 

10 ‘‘(C) delivering all dialing, routing, ad11 dressing, and signaling information authorized 

12 to be acquired securely, reliably, and concur13 rently with its transmission.’’. 

14 SEC. 504. BUSINESS RECORDS. 

15 Section 501(k) of the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1861(k)) is amended by add17 ing at the end the following: 

18 ‘‘(5) TECHNICAL ASSISTANCE.—The term ‘tech19 nical assistance’ includes— 

20 ‘‘(A) isolating the tangible things (includ21 ing call detail records) required to be produced; 

22 ‘‘(B) decrypting, decoding, or otherwise 

23 providing in an intelligible format the tangible 

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1 pendent actions of an unaffiliated entity make 

2 it technically impossible to do so; and 

3 ‘‘(C) delivering all tangible things required 

4 to be produced securely, reliably, and no later 

5 than the date on which an order under this title 

6 requires their production.’’. 

7 SEC. 505. CERTAIN ACQUISITIONS INSIDE THE UNITED 

8 STATES TARGETING UNITED STATES PER9 SONS OUTSIDE THE UNITED STATES. 

10 Section 703 of the Foreign Intelligence Surveillance 

11 Act of 1978 (50 U.S.C. 1881b) is amended by adding at 

12 the end the following: 

13 ‘‘(h) ASSISTANCE DEFINED.— For purposes of this 

14 section, the term ‘assistance’ includes— 

15 ‘‘(1) isolating all communications or informa16 tion authorized to be acquired; 

17 ‘‘(2) decrypting, decoding, or otherwise pro18 viding in an intelligible format the communications 

19 or information authorized to be acquired, unless the 

20 independent actions of an unaffiliated entity make it 

21 technically impossible to do so; 

22 ‘‘(3) delivering the communications or informa23 tion authorized to be acquired securely, reliably, and 

24 concurrently with their transmission; and 


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1 ‘‘(4) providing technical support as necessary to 

2 ensure effective execution of an order under this sec3 tion.’’. 

4 TITLE VI—PRIZE COMPETITION 

5 SEC. 601. FINDINGS. 

6 Congress finds the following: 

7 (1) The rapidly growing use of warrant-proof 

8 encryption in everyday devices, platforms, and sys9 tems allows illegal actors engaged in dangerous 

10 criminal activity—including child sexual abuse, ter11 rorism, and international narcotics trafficking—to 

12 use encryption to shield their illicit activities from 

13 authorities. 

14 (2) Because of warrant-proof encryption, the 

15 government often cannot obtain the electronic evi16 dence and intelligence necessary to investigate and 

17 prosecute threats to public safety and national secu18 rity, even with a warrant or court order. This pro19 vides a ‘‘lawless space’’ that criminals, terrorists, 

20 and other bad actors can exploit for their nefarious 

21 ends. 

22 (3) Many service providers, device manufactur23 ers, and application developers who use encryption 

24 fail to implement technology that would allow the 

25 government to obtain electronic evidence necessary 


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1 to investigate and prosecute threats to public safety 

2 and national security. 

3 (4) The Fourth Amendment to the Constitution 

4 of the United States strikes a balance between the 

5 individual citizen’s reasonable expectation of privacy 

6 on one hand, and on the other, the legitimate need 

7 for the government to gain access to the most inti8 mate spaces in citizens’ lives in order to protect the 

9 public from criminal actors. 

10 (5) The Framers of the Constitution provided 

11 specific barriers to government intrusion into the in12 dividual’s private, intimate space—namely, that the 

13 government must show by probable cause that evi14 dence of a crime exists in that intimate space, and 

15 must have a neutral magistrate, detached from the 

16 law enforcement interest, approve law enforcement’s 

17 request and issue a warrant. 

18 (6) Once the government satisfies the burden of 

19 showing probable cause to a neutral magistrate, the 

20 government is entitled to search and seize evidence 

21 of a crime in an individual’s private space. 

22 (7) That careful balancing of interests estab23 lished by the Framers has continued to be calibrated 

24 throughout the history of the United States as dif25 ferent challenges have arisen, including, most notaVerDate Sep 11 2014 06:25 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.IS S4051

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1 bly, technological advances in daily life. For exam2 ple, Congress has imposed additional statutory re3 quirements that the government must meet and that 

4 a judge must find satisfied before a court can au5 thorize interception of communications. But the in6 dividual’s right to privacy has never been absolute. 

7 (8) If not addressed, criminal anonymity actu8 ated by end-to-end encryption technology will con9 tinue to pose a serious risk to the public. 

10 (9) Nevertheless, advances in technology con11 tinue without due consideration of issues of lawful 

12 access. 

13 (10) Moreover, very little, if any, resources 

14 from the private sector or from educational and re15 search institutions are devoted to finding techno16 logical solutions to providing lawful access within 

17 different encrypted technological platforms. 

18 (11) More resources should be devoted to 

19 incentivizing the best minds in the United States to 

20 research the issues described in this section and de21 cide how to best provide the most secure products 

22 and services to customers while also providing law 

23 enforcement access to information the government 

24 needs to investigate criminals seeking to do the pub25 lic harm and to protect national security. 


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1 SEC. 602. DEFINITIONS. 

2 In this title: 

3 (1) APPLICANT.—The term ‘‘applicant’’ means 

4 an individual, group of individuals, organization, 

5 nonprofit, or university that applies to participate in 

6 the prize competition under this title. 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on the Judiciary of 

10 the Senate and the Committee on the Judiciary of 

11 the House of Representatives. 

12 (3) ATTORNEY GENERAL.—Except as otherwise 

13 provided, the term ‘‘Attorney General’’ means the 

14 Attorney General, acting through the Director of the 

15 National Institute of Justice. 

16 (4) PRIZE.—The term ‘‘prize’’ means a cash 

17 prize. 

18 (5) PRIZE COMPETITION.—The term ‘‘prize 

19 competition’’ means the prize competition estab20 lished under section 603. 

21 SEC. 603. PRIZE COMPETITION. 

22 (a) ESTABLISHMENT.—Not later than 180 days after 

23 the date of enactment of this Act, the Attorney General 

24 shall, subject to the availability of funds appropriated 

25 under this title, establish in accordance with section 24 


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1 of the Stevenson-Wydler Technology Innovation Act of 

2 1980 (15 U.S.C. 3719) a prize competition— 

3 (1) to incentivize and encourage research and 

4 innovation into solutions providing law enforcement 

5 access to encrypted data pursuant to legal process; 

6 and 

7 (2) to award one or more prizes, not later than 

8 1 year after the establishment of the prize competi9 tion, for technological solutions that provide law en10 forcement access to encrypted data pursuant to legal 

11 process. 

12 (b) REQUIREMENTS.—Technological solutions de13 scribed in subsection (a)(2) shall include— 

14 (1) providing maximum security for the device, 

15 platform, or system, consistent with the lawful ac16 cess solution, to reduce the opportunity for unlawful 

17 hacking; and 

18 (2) reducing or eliminating broad surveillance 

19 capabilities not targeted at specified facilities or in20 dividuals pursuant to a warrant or order within the 

21 lawful access solution. 

22 (c) ELIGIBILITY.— 

23 (1) IN GENERAL.—To be eligible to win a prize 

24 under the prize competition, an applicant— 

25 (A) shall have complied with— 


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1 (i) the requirements of the competi2 tion as described in the announcement for 

3 the competition; and 

4 (ii) subsections (g), (h), and (i) of sec5 tion 24 of the Stevenson-Wydler Tech6 nology Innovation Act of 1980 (15 U.S.C. 

7 3719) (relating to eligibility); 

8 (B) in the case of a private entity, shall be 

9 incorporated in the United States and maintain 

10 a primary place of business in the United 

11 States; and 

12 (C) in the case of an individual, whether 

13 participating singly or in a group, shall be a cit14 izen of, or an alien lawfully admitted for perma15 nent residence in, the United States. 

16 (2) EXCLUSIONS.—The following entities and 

17 individuals shall not be eligible to win a prize under 

18 the prize competition: 

19 (A) A Federal entity. 

20 (B) A Federal employee acting within the 

21 scope of employment. 

22 (d) PRIORITIZATION.—In selecting the winner or win23 ners of the prize competition, the Attorney General shall 

24 give priority to projects that— 


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1 (1) incorporate a robust proof of concept model 

2 demonstrating the feasibility of the proposed tech3 nology achieving the intended goals of the competi4 tion as described in paragraph (a); and 

5 (2) include a strategy, submitted with the appli6 cation or proposal, to move the new technology, 

7 hardware, or other processes to market-scale deploy8 ment. 

9 SEC. 604. IMPLEMENTATION. 

10 (a) DUTIES.—In implementing the prize competition, 

11 the Attorney General shall— 

12 (1) advertise the prize competition; 

13 (2) solicit participants; 

14 (3) use amounts made available under section 

15 607(a)— 

16 (A) to administer the prize competition; 

17 and 

18 (B) to award one or more prizes; 

19 (4) develop criteria for the selection of winners; 

20 (5) select judges under section 605 based on 

21 criteria developed by the Attorney General; 

22 (6) announce, and award a prize to, one or 

23 more winners; 


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1 (7) protect against unauthorized use or disclo2 sure of any trade secret or confidential business in3 formation of a participant; and 

4 (8) promulgate any rules and regulations nec5 essary to carry out this title, including rules and 

6 regulations for submitting and reviewing applica7 tions. 

8 (b) AWARD.— 

9 (1) RECOMMENDATION BY JUDGES.—After con10 ducting a thorough review of each of the applicant 

11 submissions for the prize competition, the judges ap12 pointed under section 605 shall— 

13 (A) submit in writing to the Attorney Gen14 eral a recommendation for an award to one or 

15 more winners of the prize competition; or 

16 (B) if the judges determine that none of 

17 the applicant submissions merit an award, sub18 mit in writing to the Attorney General a rec19 ommendation that no applicant be awarded a 

20 prize, including a detailed explanation stating 

21 the reasons why no applicant merits an award. 

22 (2) SELECTION BY ATTORNEY GENERAL.— 

23 (A) IN GENERAL.—Not later than 1 year 

24 after the date on which the Attorney General 

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1 viewing the recommendation submitted under 

2 paragraph (1), the Attorney General shall select 

3 one or more winners of the prize competition 

4 and award a prize to each winner. 

5 (B) RECOMMENDATION OF NO PRIZE.—If 

6 the judges recommend under paragraph (1)(B) 

7 that no applicant be awarded a prize, the Attor8 ney General may— 

9 (i) select one or more award winners, 

10 notwithstanding the recommendation of 

11 the judges, and award a prize to each win12 ner; or 

13 (ii) award no prize to any applicant. 

14 (C) NOTIFICATION OF NO PRIZE.—If the 

15 Attorney General determines not to award a 

16 prize to any applicant under subparagraph 

17 (B)(ii), the Attorney General shall notify the 

18 appropriate congressional committees not later 

19 than 90 days after that determination. 

20 (c) ASSISTANCE FROM OTHER PARTIES.— 

21 (1) ADMINISTRATION BY THIRD-PARTY ORGANI22 ZATION.— 

23 (A) IN GENERAL.—The Attorney General 

24 may enter into an agreement, including a grant, 

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1 profit or for-profit third-party organization, 

2 under which the third-party organization ad3 ministers the prize competition. 

4 (B) CONSULTATION; DIVISION OF AUTHOR5 ITY.—If the Attorney General enters into a con6 tract with a third-party organization under sub7 paragraph (A), the third-party organization 

8 shall consult with the Attorney General on, and 

9 the Attorney General shall have the authority to 

10 make the final decision with respect to— 

11 (i) the development of criteria for the 

12 selection of prize competition winners 

13 under subsection (a)(4); and 

14 (ii) the selection of judges under sec15 tion 605. 

16 (2) NON-FEDERAL FUNDS.—The Attorney Gen17 eral may solicit and receive non-Federal funds to ad18 minister the prize competition and award a prize. 

19 SEC. 605. JUDGES. 

20 (a) APPOINTMENT.— The Attorney General shall ap21 point not fewer than 3 judges who shall, except as pro22 vided in section 604(b)(1)(B), recommend one or more 

23 winners of the prize competition. 

24 (b) QUALIFICATIONS.—Each judge appointed under 

25 subsection (a) shall— 


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1 (1) have subject matter expertise in cryptology 

2 and encryption-related technology, including relevant 

3 devices, platforms, and systems; 

4 (2) have an understanding of— 

5 (A) protections afforded to United States 

6 citizens by the Constitution of the United 

7 States against unreasonable searches and sei8 zures by the government; and 

9 (B) the legal authorities that permit the 

10 government to search and seize the personal ef11 fects of United States citizens, particularly with 

12 respect to— 

13 (i) the search and seizure of individ14 uals’ data from technological devices, plat15 forms, or systems; and 

16 (ii) the interception of communica17 tions over technological devices, platforms, 

18 or systems; and 

19 (3) have experience with law enforcement capa20 bilities for lawful access to data and limitations on 

21 lawful access to data across various technological de22 vices, platforms, and systems that use encrypted 

23 technology. 


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1 SEC. 606. REPORT TO CONGRESS. 

2 Not later than 90 days after the date on which the 

3 Attorney General awards one or more prizes under section 

4 604(b)(2), the Attorney General shall submit to the appro5 priate congressional committees a report on the prize com6 petition that includes— 

7 (1) a statement by the Attorney General that 

8 describes the activities carried out by the Attorney 

9 General with respect to the duties described in sec10 tion 604(a); 

11 (2) if the Attorney General has entered into an 

12 agreement with a third-party organization under sec13 tion 604(c)(1), a statement by the Attorney General 

14 that describes the activities carried out by the third15 party organization with respect to the duties de16 scribed in section 604(c); and 

17 (3) a statement by the Attorney General ex18 plaining the basis on which each winner of the prize 

19 competition was selected. 

20 SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) AUTHORIZATION.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated such sums as may be necessary, not to 

24 exceed $50,000,000, to carry out this title. 

25 (2) MINIMIZATION OF ADMINISTRATIVE EX26 PENSES.—The Attorney General shall make all reaVerDate Sep 11 2014 06:25 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.IS S4051

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1 sonable efforts to control the administrative ex2 penses of the prize competition so that the majority 

3 of the amounts made available under paragraph (1) 

4 are used for the prize or prizes awarded to the win5 ner or winners of the prize competition under section 

6 603. 

7 (b) APPROVAL OF CERTAIN AWARDS.—The value of 

8 a prize awarded to a winner of the prize competition under 

9 section 603 may not exceed $1,000,000 without the ap10 proval of the Attorney General or the Director of the Na11 tional Institute of Justice. 

12 (c) REIMBURSEMENT OF EXPENSES.—A judge ap13 pointed under section 605 shall serve without pay, but 

14 may be reimbursed for actual and necessary traveling and 

15 subsistence expenses. 

16 SEC. 608. TERMINATION OF AUTHORITY. 

17 The prize competition and all authority provided 

18 under this title shall terminate on December 31, 2022. 

19 TITLE VII—LAWFUL ACCESS 

20 TRAINING 

21 SEC. 701. LAWFUL ACCESS TRAINING PROGRAM. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COOPERATIVE AGREEMENT.—The term ‘‘co24 operative agreement’’ means a legal instrument of fi25 nancial assistance between a Federal awarding agenVerDate Sep 11 2014 06:25 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S4051.IS S4051

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1 cy or pass-through entity and a non-Federal entity, 

2 consistent with sections 6302 and 6305 of title 31, 

3 United States Code. 

4 (2) PROVIDER.—The term ‘‘provider’’ means— 

5 (A) a device manufacturer, an operating 

6 system provider, and a provider of remote com7 puting service, as those terms are defined in 

8 section 3119 of title 18, United States Code, as 

9 added by title I of this Act; and 

10 (B) a provider of electronic communication 

11 service, as defined in section 2510 of title 18, 

12 United States Code. 

13 (3) TRAINING PROGRAM.—The term ‘‘Training 

14 Program’’ means the lawful access training and as15 sistance program established under subsection (b). 

16 (b) ESTABLISHMENT.—The Attorney General shall 

17 establish a lawful access training and real-time assistance 

18 program that draws upon the resources of the National 

19 Domestic Communications Center (commonly known as 

20 the ‘‘NDCAC’’) and other relevant components of the De21 partment of Justice as appropriate. 

22 (c) ACTIVITIES.— 

23 (1) TRAINING.— 

24 (A) IN GENERAL.—The primary purpose of 

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1 ing and assistance for law enforcement per2 sonnel, with a particular emphasis on State and 

3 local personnel, on relevant technology and 

4 communications platforms, including how to 

5 submit appropriately tailored applications for 

6 digital evidence, consistent with existing legal 

7 requirements and protections for privacy and 

8 civil liberties. 

9 (B) CONSULTATION.—The Attorney Gen10 eral may consult with providers regarding the 

11 training and assistance under subparagraph 

12 (A). 

13 (C) CONTENTS.—Training and assistance 

14 under the Training Program shall include— 

15 (i) designing and providing training to 

16 distribute knowledge and expertise, includ17 ing— 

18 (I) consulting with the most 

19 qualified experts in law enforcement 

20 and the technology industry to assist 

21 in the development of all Training 

22 Program materials; 

23 (II) identifying current effective 

24 law enforcement training programs 

25 and tools; 


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1 (III) identifying gaps in current 

2 law enforcement training programs 

3 and tools; 

4 (IV) producing and maintaining 

5 training materials and curricula that 

6 will be used in classroom training ses7 sions as well as for distribution to law 

8 enforcement agencies for reference; 

9 (V) in coordination with pro10 viders, delivering information and 

11 guidance on accessing digital evidence 

12 from specific providers to improve 

13 outcomes with regard to particular 

14 technology devices, platforms, or sys15 tems; and 

16 (VI) establishing and promoting 

17 the use of a consistent set of clear 

18 standards for securing and minimizing 

19 data collected by law enforcement; 

20 (ii) serving as a centralized repository 

21 of knowledge and expertise about provider 

22 systems and procedures for submitting re23 quests for data; 

24 (iii) coordinating with Federal, State, 

25 and international training programs, as 


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1 well as any private-sector and nonprofit 

2 initiatives; 

3 (iv) building and maintaining analytic 

4 and forensic tools to assist law enforce5 ment agencies in interpreting data that has 

6 been obtained from service providers and 

7 devices; 

8 (v) hiring and employing technical 

9 specialists that can help develop and main10 tain analytic and forensic tools; 

11 (vi) conducting relevant research and 

12 analysis to identify the greatest challenges 

13 with respect to the ability of law enforce14 ment agencies to access and analyze digital 

15 evidence; and 

16 (vii) providing a call center for law en17 forcement officials to seek advice and as18 sistance regarding accessing and analyzing 

19 digital evidence. 

20 (2) OTHER FUNCTIONS.—In carrying out the 

21 Training Program, the Attorney General shall de22 velop and coordinate additional functions to improve 

23 lawful access to digital evidence, including the fol24 lowing: 


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1 (A) IDENTIFYING AND PROVIDING RE2 SOURCES.—The Attorney General shall— 

3 (i) work with the Office of Justice 

4 Programs to identify grants and other 

5 grant-making bodies to support law en6 forcement access to digital evidence; and 

7 (ii) include programs in the training 

8 activities that inform law enforcement 

9 agencies of the grants described in clause 

10 (i) and other resources that support— 

11 (I) training programs; 

12 (II) development and distribution 

13 of analytical tools; and 

14 (III) maintenance of crime labs. 

15 (B) DEVELOPMENT OF AUTHENTICATION

16 SYSTEM.—The Attorney General shall work 

17 with providers and law enforcement agencies 

18 from Federal, State, and local systems to iden19 tify options for, and develop, a system for 

20 verifying that an individual requesting data 

21 from a provider is a law enforcement official en22 titled to such access pursuant to lawful author23 ity. 


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1 (C) COORDINATING INTERNATIONAL EF2 FORTS.—The Attorney General shall coordinate 

3 with international partners to— 

4 (i) help set baseline standards and 

5 practices to lawfully access digital evi6 dence; 

7 (ii) promote standards to ensure the 

8 protection of privacy and civil liberties, and 

9 to the extent practical and helpful, har10 monize efforts across borders. 

11 (D) DEVELOPING MASTER DATABASE.— 

12 The Attorney General shall— 

13 (i) develop a master database to track 

14 investigations in the United States in 

15 which a law enforcement agency secured 

16 the legal authority to access digital data 

17 but otherwise cannot gain access to that 

18 data in an intelligible format due to 

19 encryption; and 

20 (ii) through the training activities de21 scribed in paragraph (1), encourage the ro22 bust participation from State and local au23 thorities that is necessary to populate the 

24 database described in clause (i) of this sub25 paragraph. 


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1 (E) OTHER ACTIVITIES.—The Attorney 

2 General, in carrying out the Training Program, 

3 shall provide any additional activities and serv4 ices determined appropriate by the Attorney 

5 General. 

6 (d) FUNDING.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Attor9 ney General to carry out this section $50,000,000 

10 for fiscal year 2020, which shall remain available 

11 until expended. 

12 (2) LIMITATION.—Not more than 5 percent of 

13 the amount appropriated under paragraph (1) may 

14 be used to carry out activities under subsection 

15 (e)(2). 

16 (e) COOPERATIVE AGREEMENT.— 

17 (1) ASSISTANCE.—The Attorney General may 

18 enter into a cooperative agreement with providers or 

19 other persons to— 

20 (A) provide regular training to law enforce21 ment agencies through the Training Program 

22 on information that is potentially available from 

23 devices, operating systems, remote computing 

24 services, or electronic communication services, 

25 and on provider policies, in order to facilitate 


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1 tailored and specific applications from law en2 forcement agencies; 

3 (B) maintain up-to-date and comprehen4 sive guidance for law enforcement agencies re5 garding accessing information from providers; 

6 (C) develop or maintain online mechanisms 

7 to— 

8 (i) receive law enforcement requests 

9 for data; and 

10 (ii) provide dated, electronic confirma11 tion of receipt of a request described in 

12 clause (i); and 

13 (D) assist with other tasks as determined 

14 necessary by the NDCAC. 

15 (2) DONATIONS.— 

16 (A) IN GENERAL.—The NDCAC may so17 licit and accept donations for the Training Pro18 gram from providers or other persons to be 

19 used to carry out this section. 

20 (B) PRIVATE FUNDING REQUIREMENT.— 

21 The NDCAC may not carry out the Training 

22 Program during a fiscal year, including fiscal 

23 year 2020, unless and until the NDCAC has re24 ceived funding for that fiscal year under sub25 paragraph (A) in an amount equal to the 


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51 

•S 4051 IS

1 amount authorized to be appropriated for fiscal 

2 year 2020 under subsection (d)(1). 

3 (f) REPORT.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the effective date in section 801 of this Act, and 

6 once thereafter not later than 2 years after that ef7 fective date, the NDCAC shall submit to the Com8 mittee on the Judiciary of the Senate and the Com9 mittee on the Judiciary of the House of Representa10 tives a report on the Training Program. 

11 (2) CONTENTS.— The report submitted under 

12 paragraph (1) shall include— 

13 (A) ongoing efforts to identify and respond 

14 to gaps in training and distribution of technical 

15 tools; 

16 (B) the state of cooperation with providers; 

17 (C) novel uses of legal authorities; 

18 (D) any new policies and best practices 

19 being seriously considered or adopted; and 

20 (E) funding contributed by private individ21 uals, organizations, and entities. 


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1 TITLE VIII—EFFECTIVE DATE 

2 SEC. 801. EFFECTIVE DATE. 

3 Titles I through V of this Act, and the amendments 

4 made by those titles, shall take effect 1 year after the date 

5 of enactment of this Act. 

Æ 


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