‘‘(B) in the case of assistance capabilities 
described in section 3119, that, during the pre-
ceding calendar year, data stored in any device, 
service, or operating system sold or licensed by 
the person was subject to not fewer than 5 Fed-
eral or State search warrants. 
‘‘(4) RELEASE
FROM
LIABILITY.—No civil 
cause of action shall lie in any court against a per-
son who receives a directive under paragraph (1) for 
any action or omission reasonably necessary to com-
ply with the directive. 
‘‘(5) EFFECTIVE DATE AND EXPIRATION DATE 
OF DIRECTIVES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a directive issued under paragraph 
(1) shall contain— 
‘‘(i) a date on which the directive 
takes effect; and 
‘‘(ii) a date when the directive expires. 
‘‘(B) LIMITS.—A directive issued under 
paragraph (1) may not— 
‘‘(i) take effect earlier than 180 days 
after the date on which the directive is 
issued; or 
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‘‘(ii) expire later than 2 years after 
the date on which the directive takes ef-
fect. 
‘‘(6) REPORTING.—Not later than 30 days after 
the date on which a directive issued under para-
graph (1) takes effect, the Attorney General shall 
submit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the 
House of Representatives a copy of the directive. 
‘‘(7) NO
TECHNICAL
DEMANDS.—A directive 
issued to a person under paragraph (1) may not 
specify technical means by which the person is re-
quired to implement the required capabilities. 
‘‘(c) CHALLENGES OF DIRECTIVES AND APPEAL.— 
‘‘(1) PETITION.—Not later than 30 days after 
the date on which the Attorney General issues a di-
rective to a person under subsection (b), the person 
may file a petition to modify or set aside the direc-
tive in the United States District Court for the Dis-
trict of Columbia. 
‘‘(2) CONSIDERATION OF PETITION.— 
‘‘(A) GRANT.—The court may grant a pe-
tition filed under paragraph (1) only if— 
‘‘(i) the directive does not meet the 
requirements of this section; 
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‘‘(ii) the person filing the petition 
demonstrates, by clear and convincing evi-
dence, that it is technically impossible for 
the person to make any change to the way 
the hardware, software, or other property 
of the person behaves in order to comply 
with the directive; or 
‘‘(iii) the directive is otherwise unlaw-
ful. 
‘‘(B) DENIAL.—If none of the bases for 
granting a petition under subparagraph (A) are 
met, the court shall deny the petition. 
‘‘(C) EX PARTE REVIEW.— 
‘‘(i) IN GENERAL.—In considering a 
petition filed under paragraph (1), the 
court may review any information that the 
Attorney General, upon filing an affidavit 
under oath that disclosure of the informa-
tion would harm the national security of 
the United States or harm the enforcement 
of criminal law, chooses to provide to the 
court solely for ex parte review. 
‘‘(ii) NO WAIVER OF PRIVILEGE.—The 
exercise of the authority under clause (i) 
does not waive any applicable privilege. 
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‘‘(3) INITIAL REVIEW.— 
‘‘(A) DEADLINE.—Not later than 30 days 
after the date on which a petition is filed under 
paragraph (1), the court shall conduct an initial 
review of the petition. 
‘‘(B) REVIEW.—If the court determines 
that the petition does not consist of claims, de-
fenses, or other legal contentions that are war-
ranted by existing law or by a non-frivolous ar-
gument for extending, modifying, or reversing 
existing law or for establishing new law, the 
court shall immediately— 
‘‘(i) deny the petition; 
‘‘(ii) affirm the directive or any part 
of the directive that is the subject of the 
petition; and 
‘‘(iii) order the recipient to comply 
with the directive or part thereof. 
‘‘(C) WRITTEN STATEMENT.—Upon mak-
ing a determination under subparagraph (B) or 
promptly thereafter, the court shall provide a 
written statement for the record of the reasons 
for the determination. 
‘‘(4) PLENARY REVIEW.— 
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‘‘(A) DEADLINE.—If the court determines 
that a petition filed under paragraph (1) re-
quires plenary review— 
‘‘(i) not later than 60 days after the 
petition is filed, the court shall affirm, 
modify, or set aside the directive that is 
the subject of the petition; or 
‘‘(ii) if the court does not set aside 
the directive by the date specified under 
clause (i), the court shall immediately, or 
in any event not later than 5 days there-
after— 
‘‘(I) affirm or affirm with modi-
fications the directive; and 
‘‘(II) order the person who re-
ceived the directive to comply with the 
directive in its entirety or as modified. 
‘‘(B) WRITTEN STATEMENT.—Upon mak-
ing a determination under subparagraph (A) or 
promptly thereafter, the court shall provide a 
written statement for the record of the reasons 
for the determination. 
‘‘(5) APPEALS.— 
‘‘(A) RIGHT
OF
APPEAL.—The Attorney 
General or a person who receives a directive 
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under subsection (b) may appeal a final order 
of the district court under this subsection not 
later than 30 days after entry of the order. 
‘‘(B) PROCEDURE.—The United States 
Court of Appeals for the District of Columbia 
Circuit shall expedite the consideration of any 
appeal brought under this paragraph, and the 
expense or effort required to comply with a di-
rective issued under subsection (b) shall not be 
a basis for staying a final order of the district 
court under this subsection pending appeal. 
‘‘(d) ENFORCEMENT OF DIRECTIVES.— 
‘‘(1) FAILURE TO COMPLY.—If a person fails to 
comply with a directive issued under subsection (b), 
the Attorney General may file a petition for an order 
to compel the person to comply with the directive in 
the United States District Court for the District of 
Columbia, which shall have jurisdiction to review the 
petition. 
‘‘(2) EX PARTE REVIEW.— 
‘‘(A) IN GENERAL.—In considering a peti-
tion filed under paragraph (1), the court may 
review any information that the Attorney Gen-
eral, upon filing an affidavit under oath that 
disclosure of the information would harm the 
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national security of the United States or harm 
the enforcement of criminal law, chooses to pro-
vide to the court solely for ex parte review. 
‘‘(B) NO WAIVER OF PRIVILEGE.—The ex-
ercise of the authority under subparagraph (A) 
does not waive any applicable privilege. 
‘‘(3) ORDER TO COMPLY.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after a petition is filed under paragraph 
(1), the court shall issue an order requiring the 
person to comply with the directive or any part 
of the directive, as issued or as modified, if the 
court finds that the directive meets the require-
ments of this section and is otherwise lawful. 
‘‘(B) WRITTEN STATEMENT.—Upon mak-
ing a determination under subparagraph (A) or 
promptly thereafter, the court shall provide a 
written statement for the record of the reasons 
for the determination. 
‘‘(4) PENALTY.—Failure to obey an order 
issued under paragraph (3) shall constitute con-
tempt of court. 
‘‘(5) PROCESS.—Any process under this sub-
section may be served in any judicial district in 
which the recipient may be found or does business. 
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‘‘(6) APPEALS.— 
‘‘(A) RIGHT
OF
APPEAL.—The Attorney 
General or a person who receives a directive 
under subsection (b) may appeal a final order 
of the district court under this subsection not 
later than 30 days after entry of the order. 
‘‘(B) PROCEDURE.—The United States 
Court of Appeals for the District of Columbia 
Circuit shall expedite the consideration of any 
appeal brought under this paragraph, and the 
expense or effort required to comply with a di-
rective issued under subsection (b) shall not be 
a basis for staying a final order of the district 
court order under this subsection pending ap-
peal. 
‘‘(e) COST REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), a 
person who receives a directive under subsection (b) 
shall be compensated therefor by the United States 
for reasonable expenses directly incurred in com-
plying with the directive. 
‘‘(2) AMOUNT.—The amount of compensation 
provided under paragraph (1)— 
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‘‘(A) shall be mutually agreed upon by the 
Attorney General and the person complying 
with the directive; or 
‘‘(B) in the absence of an agreement under 
subparagraph (A), shall be determined by the 
United States District Court for the District of 
Columbia.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 223 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘3513. Assistance capability directives.’’. 
TITLE IV—PEN REGISTER AND 
TRAP AND TRACE AMENDMENTS 
SEC. 401. CAPABILITY REQUIREMENTS. 
(a) IN GENERAL.—Chapter 206 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3128. Capability requirements 
‘‘(a) PEN REGISTER CAPABILITY.— 
‘‘(1) IN GENERAL.—A wire or electronic com-
munication service provider that had more than 
1,000,000 monthly active users in the United States 
in January 2016 or any month thereafter shall en-
sure that the provider has the ability to provide the 
information described in paragraphs (3) and (7) of 
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section 3127 directly to law enforcement agencies in 
an intelligible format unobtrusively and in a manner 
designed to uphold the nondisclosure obligations 
under section 3123(d)(2). 
‘‘(2) 
CALCULATION
OF
MONTHLY
ACTIVE 
USERS.—For purposes of paragraph (1), the number 
of monthly active users of a wire or electronic com-
munication service shall be calculated by taking the 
average of the number of individual users or sub-
scribers of the service that are active per month in 
any calendar year. 
‘‘(b) TRAP AND TRACE CAPABILITY.— 
‘‘(1) IN GENERAL.—A provider of wire or elec-
tronic communication service that had more than 
1,000,000 monthly users in the United States in 
January 2016 or any month thereafter shall ensure 
that the provider has the ability to provide the infor-
mation described in paragraphs (4) and (7) of sec-
tion 3127 directly to law enforcement agencies in an 
intelligible format unobtrusively and in a manner de-
signed to uphold the nondisclosure obligations under 
section 3123(d)(2). 
‘‘(2) 
CALCULATION
OF
MONTHLY
ACTIVE 
USERS.—For purposes of paragraph (1), the number 
of monthly active users of a wire or electronic com-
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munication service shall be calculated by taking the 
average of the number of individual users or sub-
scribers of the service that are active per month in 
any calendar year. 
‘‘(c) COMPENSATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
provider of wire or electronic communication service 
that provides the information described in paragraph 
(3), (4), or (7) of section 3127 directly to a law en-
forcement agency shall be compensated for reason-
able expenses directly incurred in providing the in-
formation. 
‘‘(2) LIMITATION.—Reasonable expenses under 
paragraph (1) may not exceed $150.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 206 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘3128. Capability requirements.’’. 
SEC. 402. DEFINING TECHNICAL ASSISTANCE. 
Section 3127 of title 18, United States Code, is 
amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(7) the term ‘technical assistance’ includes— 
‘‘(A) isolating all dialing, routing, address-
ing, and signaling information authorized to be 
acquired; 
‘‘(B) decrypting, decoding, or otherwise 
providing in an intelligible format the dialing, 
routing, addressing, and signaling information 
authorized to be acquired, unless the inde-
pendent actions of an unaffiliated entity make 
it technically impossible to do so; and 
‘‘(C) delivering all dialing, routing, ad-
dressing, and signaling information authorized 
to be acquired securely, reliably, and concur-
rently with its transmission.’’. 
TITLE V—FISA AMENDMENTS 
SEC. 
501. 
ELECTRONIC 
SURVEILLANCE 
WITHIN 
THE 
UNITED 
STATES 
FOR 
FOREIGN 
INTEL-
LIGENCE PURPOSES. 
Title I of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) is amended— 
(1) in section 101 (50 U.S.C. 1801), by adding 
at the end the following: 
‘‘(q) ‘Technical assistance’ includes— 
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‘‘(1) isolating all communications or informa-
tion authorized to be acquired; 
‘‘(2) decrypting, decoding, or otherwise pro-
viding in an intelligible format the communications 
or information authorized to be acquired, unless the 
independent actions of an unaffiliated entity make it 
technically impossible to do so; and 
‘‘(3) delivering all communications or informa-
tion authorized to be acquired securely, reliably, and 
concurrently with their transmission.’’; and 
(2) 
in 
section 
105(c)(2)(B), 
by 
striking 
‘‘produce a minimum of interference with the serv-
ices that such carrier, landlord, custodian, or other 
person is providing that target of electronic surveil-
lance’’ and inserting ‘‘in a manner designed to mini-
mize the possibility of alerting the target whose com-
munications are to be intercepted’’. 
SEC. 502. PHYSICAL SEARCHES WITHIN THE UNITED 
STATES FOR FOREIGN INTELLIGENCE PUR-
POSES. 
Title III of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1821 et seq.) is amended— 
(1) in section 301 (50 U.S.C. 1821), by adding 
at the end the following: 
‘‘(6) ‘Assistance’ includes— 
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‘‘(A) isolating all information, material, or 
property to be seized, reproduced, or altered; 
‘‘(B) decrypting, decoding, or otherwise 
providing in an intelligible format the informa-
tion, material, or property to be seized, repro-
duced, or altered, unless the independent ac-
tions of an unaffiliated entity make it tech-
nically impossible to do so; and 
‘‘(C) providing technical support as nec-
essary to ensure effective execution of an order 
under this title.’’; and 
(2) 
in 
section 
304(c)(2)(B) 
(50 
U.S.C. 
1824(c)(2)(B)), by striking ‘‘produce a minimum of 
interference with the services that such landlord, 
custodian, or other person is providing the target of 
the physical search’’ and inserting ‘‘in a manner de-
signed to minimize the possibility of alerting the tar-
get of the physical search’’. 
SEC. 503. PEN REGISTER; TRAP AND TRACE. 
Section 401 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1841) is amended by adding at 
the end the following: 
‘‘(5) The term ‘technical assistance’ includes— 
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‘‘(A) isolating all dialing, routing, address-
ing, and signaling information authorized to be 
acquired; 
‘‘(B) decrypting, decoding, or otherwise 
providing in an intelligible format the dialing, 
routing, addressing, and signaling information 
authorized to be acquired, unless the inde-
pendent actions of an unaffiliated entity make 
it technically impossible to do so; and 
‘‘(C) delivering all dialing, routing, ad-
dressing, and signaling information authorized 
to be acquired securely, reliably, and concur-
rently with its transmission.’’. 
SEC. 504. BUSINESS RECORDS. 
Section 501(k) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(k)) is amended by add-
ing at the end the following: 
‘‘(5) TECHNICAL ASSISTANCE.—The term ‘tech-
nical assistance’ includes— 
‘‘(A) isolating the tangible things (includ-
ing call detail records) required to be produced; 
‘‘(B) decrypting, decoding, or otherwise 
providing in an intelligible format the tangible 
things required to be produced, unless the inde-
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pendent actions of an unaffiliated entity make 
it technically impossible to do so; and 
‘‘(C) delivering all tangible things required 
to be produced securely, reliably, and no later 
than the date on which an order under this title 
requires their production.’’. 
SEC. 505. CERTAIN ACQUISITIONS INSIDE THE UNITED 
STATES TARGETING UNITED STATES PER-
SONS OUTSIDE THE UNITED STATES. 
Section 703 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881b) is amended by adding at 
the end the following: 
‘‘(h) ASSISTANCE DEFINED.— For purposes of this 
section, the term ‘assistance’ includes— 
‘‘(1) isolating all communications or informa-
tion authorized to be acquired; 
‘‘(2) decrypting, decoding, or otherwise pro-
viding in an intelligible format the communications 
or information authorized to be acquired, unless the 
independent actions of an unaffiliated entity make it 
technically impossible to do so; 
‘‘(3) delivering the communications or informa-
tion authorized to be acquired securely, reliably, and 
concurrently with their transmission; and 
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‘‘(4) providing technical support as necessary to 
ensure effective execution of an order under this sec-
tion.’’. 
TITLE VI—PRIZE COMPETITION 
SEC. 601. FINDINGS. 
Congress finds the following: 
(1) The rapidly growing use of warrant-proof 
encryption in everyday devices, platforms, and sys-
tems allows illegal actors engaged in dangerous 
criminal activity—including child sexual abuse, ter-
rorism, and international narcotics trafficking—to 
use encryption to shield their illicit activities from 
authorities. 
(2) Because of warrant-proof encryption, the 
government often cannot obtain the electronic evi-
dence and intelligence necessary to investigate and 
prosecute threats to public safety and national secu-
rity, even with a warrant or court order. This pro-
vides a ‘‘lawless space’’ that criminals, terrorists, 
and other bad actors can exploit for their nefarious 
ends. 
(3) Many service providers, device manufactur-
ers, and application developers who use encryption 
fail to implement technology that would allow the 
government to obtain electronic evidence necessary 
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to investigate and prosecute threats to public safety 
and national security. 
(4) The Fourth Amendment to the Constitution 
of the United States strikes a balance between the 
individual citizen’s reasonable expectation of privacy 
on one hand, and on the other, the legitimate need 
for the government to gain access to the most inti-
mate spaces in citizens’ lives in order to protect the 
public from criminal actors. 
(5) The Framers of the Constitution provided 
specific barriers to government intrusion into the in-
dividual’s private, intimate space—namely, that the 
government must show by probable cause that evi-
dence of a crime exists in that intimate space, and 
must have a neutral magistrate, detached from the 
law enforcement interest, approve law enforcement’s 
request and issue a warrant. 
(6) Once the government satisfies the burden of 
showing probable cause to a neutral magistrate, the 
government is entitled to search and seize evidence 
of a crime in an individual’s private space. 
(7) That careful balancing of interests estab-
lished by the Framers has continued to be calibrated 
throughout the history of the United States as dif-
ferent challenges have arisen, including, most nota-
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bly, technological advances in daily life. For exam-
ple, Congress has imposed additional statutory re-
quirements that the government must meet and that 
a judge must find satisfied before a court can au-
thorize interception of communications. But the in-
dividual’s right to privacy has never been absolute. 
(8) If not addressed, criminal anonymity actu-
ated by end-to-end encryption technology will con-
tinue to pose a serious risk to the public. 
(9) Nevertheless, advances in technology con-
tinue without due consideration of issues of lawful 
access. 
(10) Moreover, very little, if any, resources 
from the private sector or from educational and re-
search institutions are devoted to finding techno-
logical solutions to providing lawful access within 
different encrypted technological platforms. 
(11) More resources should be devoted to 
incentivizing the best minds in the United States to 
research the issues described in this section and de-
cide how to best provide the most secure products 
and services to customers while also providing law 
enforcement access to information the government 
needs to investigate criminals seeking to do the pub-
lic harm and to protect national security. 
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SEC. 602. DEFINITIONS. 
In this title: 
(1) APPLICANT.—The term ‘‘applicant’’ means 
an individual, group of individuals, organization, 
nonprofit, or university that applies to participate in 
the prize competition under this title. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of 
the House of Representatives. 
(3) ATTORNEY GENERAL.—Except as otherwise 
provided, the term ‘‘Attorney General’’ means the 
Attorney General, acting through the Director of the 
National Institute of Justice. 
(4) PRIZE.—The term ‘‘prize’’ means a cash 
prize. 
(5) PRIZE
COMPETITION.—The term ‘‘prize 
competition’’ means the prize competition estab-
lished under section 603. 
SEC. 603. PRIZE COMPETITION. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Attorney General 
shall, subject to the availability of funds appropriated 
under this title, establish in accordance with section 24 
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of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3719) a prize competition— 
(1) to incentivize and encourage research and 
innovation into solutions providing law enforcement 
access to encrypted data pursuant to legal process; 
and 
(2) to award one or more prizes, not later than 
1 year after the establishment of the prize competi-
tion, for technological solutions that provide law en-
forcement access to encrypted data pursuant to legal 
process. 
(b) REQUIREMENTS.—Technological solutions de-
scribed in subsection (a)(2) shall include— 
(1) providing maximum security for the device, 
platform, or system, consistent with the lawful ac-
cess solution, to reduce the opportunity for unlawful 
hacking; and 
(2) reducing or eliminating broad surveillance 
capabilities not targeted at specified facilities or in-
dividuals pursuant to a warrant or order within the 
lawful access solution. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to win a prize 
under the prize competition, an applicant— 
(A) shall have complied with— 
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(i) the requirements of the competi-
tion as described in the announcement for 
the competition; and 
(ii) subsections (g), (h), and (i) of sec-
tion 24 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 
3719) (relating to eligibility); 
(B) in the case of a private entity, shall be 
incorporated in the United States and maintain 
a primary place of business in the United 
States; and 
(C) in the case of an individual, whether 
participating singly or in a group, shall be a cit-
izen of, or an alien lawfully admitted for perma-
nent residence in, the United States. 
(2) EXCLUSIONS.—The following entities and 
individuals shall not be eligible to win a prize under 
the prize competition: 
(A) A Federal entity. 
(B) A Federal employee acting within the 
scope of employment. 
(d) PRIORITIZATION.—In selecting the winner or win-
ners of the prize competition, the Attorney General shall 
give priority to projects that— 
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(1) incorporate a robust proof of concept model 
demonstrating the feasibility of the proposed tech-
nology achieving the intended goals of the competi-
tion as described in paragraph (a); and 
(2) include a strategy, submitted with the appli-
cation or proposal, to move the new technology, 
hardware, or other processes to market-scale deploy-
ment. 
SEC. 604. IMPLEMENTATION. 
(a) DUTIES.—In implementing the prize competition, 
the Attorney General shall— 
(1) advertise the prize competition; 
(2) solicit participants; 
(3) use amounts made available under section 
607(a)— 
(A) to administer the prize competition; 
and 
(B) to award one or more prizes; 
(4) develop criteria for the selection of winners; 
(5) select judges under section 605 based on 
criteria developed by the Attorney General; 
(6) announce, and award a prize to, one or 
more winners; 
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