H. R. 4922

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend title 18, United States Code, to make clear a telecommunications carrier’s

duty to cooperate in the interception of communications for law enforcement

purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—INTERCEPTION OF DIGITAL

AND OTHER COMMUNICATIONS

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Communications Assistance

for Law Enforcement Act’’.

SEC. 102. DEFINITIONS.

For purposes of this title—

(1) The terms defined in section 2510 of title 18, United

States Code, have, respectively, the meanings stated in that

section.

(2) The term ‘‘call-identifying information’’ means dialing

or signaling information that identifies the origin, direction,

destination, or termination of each communication generated

or received by a subscriber by means of any equipment, facility,

or service of a telecommunications carrier.

(3) The term ‘‘Commission’’ means the Federal Communications Commission.

(4) The term ‘‘electronic messaging services’’ means software-based services that enable the sharing of data, images,

sound, writing, or other information among computing devices

controlled by the senders or recipients of the messages.

(5) The term ‘‘government’’ means the government of the

United States and any agency or instrumentality thereof, the

District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision

thereof authorized by law to conduct electronic surveillance.

(6) The term ‘‘information services’’—

(A) means the offering of a capability for generating,

acquiring, storing, transforming, processing, retrieving,

utilizing, or making available information via telecommunications; and

(B) includes—
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(i) a service that permits a customer to retrieve

stored information from, or file information for storage

in, information storage facilities;

(ii) electronic publishing; and

(iii) electronic messaging services; but

(C) does not include any capability for a telecommunications carrier’s internal management, control, or operation

of its telecommunications network.

(7) The term ‘‘telecommunications support services’’ means

a product, software, or service used by a telecommunications

carrier for the internal signaling or switching functions of its

telecommunications network.

(8) The term ‘‘telecommunications carrier’’—

(A) means a person or entity engaged in the transmission or switching of wire or electronic communications

as a common carrier for hire; and

(B) includes—

(i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of

the Communications Act of 1934 (47 U.S.C. 332(d)));

or

(ii) a person or entity engaged in providing wire

or electronic communication switching or transmission

service to the extent that the Commission finds that

such service is a replacement for a substantial portion

of the local telephone exchange service and that it

is in the public interest to deem such a person or

entity to be a telecommunications carrier for purposes

of this title; but

(C) does not include—

(i) persons or entities insofar as they are engaged

in providing information services; and

(ii) any class or category of telecommunications

carriers that the Commission exempts by rule after

consultation with the Attorney General.

SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.

(a) CAPABILITY REQUIREMENTS.—Except as provided in subsections (b), (c), and (d) of this section and sections 108(a) and

109(b) and (d), a telecommunications carrier shall ensure that its

equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of—

(1) expeditiously isolating and enabling the government,

pursuant to a court order or other lawful authorization, to

intercept, to the exclusion of any other communications, all

wire and electronic communications carried by the carrier

within a service area to or from equipment, facilities, or services

of a subscriber of such carrier concurrently with their transmission to or from the subscriber’s equipment, facility, or service, or at such later time as may be acceptable to the

government;

(2) expeditiously isolating and enabling the government,

pursuant to a court order or other lawful authorization, to

access call-identifying information that is reasonably available

to the carrier—
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(A) before, during, or immediately after the transmission of a wire or electronic communication (or at such

later time as may be acceptable to the government); and

(B) in a manner that allows it to be associated with

the communication to which it pertains,

except that, with regard to information acquired solely pursuant

to the authority for pen registers and trap and trace devices

(as defined in section 3127 of title 18, United States Code),

such call-identifying information shall not include any information that may disclose the physical location of the subscriber

(except to the extent that the location may be determined

from the telephone number);

(3) delivering intercepted communications and call-identifying information to the government, pursuant to a court order

or other lawful authorization, in a format such that they may

be transmitted by means of equipment, facilities, or services

procured by the government to a location other than the premises of the carrier; and

(4) facilitating authorized communications interceptions

and access to call-identifying information unobtrusively and

with a minimum of interference with any subscriber’s telecommunications service and in a manner that protects—

(A) the privacy and security of communications and

call-identifying information not authorized to be intercepted; and

(B) information regarding the government’s interception of communications and access to call-identifying

information.

(b) LIMITATIONS.— (1) DESIGN OF FEATURES AND SYSTEMS CONFIGURATIONS.— This title does not authorize any law enforcement agency or

officer—

(A) to require any specific design of equipment, facilities, services, features, or system configurations to be

adopted by any provider of a wire or electronic communication service, any manufacturer of telecommunications

equipment, or any provider of telecommunications support

services; or

(B) to prohibit the adoption of any equipment, facility,

service, or feature by any provider of a wire or electronic

communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications

support services.

(2) INFORMATION SERVICES; PRIVATE NETWORKS AND INTER- CONNECTION SERVICES AND FACILITIES.—The requirements of

subsection (a) do not apply to—

(A) information services; or

(B) equipment, facilities, or services that support the

transport or switching of communications for private networks or for the sole purpose of interconnecting telecommunications carriers.

(3) ENCRYPTION.—A telecommunications carrier shall not

be responsible for decrypting, or ensuring the government’s

ability to decrypt, any communication encrypted by a subscriber

or customer, unless the encryption was provided by the carrier

and the carrier possesses the information necessary to decrypt

the communication.
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(c) EMERGENCY OR EXIGENT CIRCUMSTANCES.—In emergency

or exigent circumstances (including those described in sections 2518

(7) or (11)(b) and 3125 of title 18, United States Code, and section

1805(e) of title 50 of such Code), a carrier at its discretion may

comply with subsection (a)(3) by allowing monitoring at its premises

if that is the only means of accomplishing the interception or

access.

(d) MOBILE SERVICE ASSISTANCE REQUIREMENTS.—A telecommunications carrier that is a provider of commercial mobile

service (as defined in section 332(d) of the Communications Act

of 1934) offering a feature or service that allows subscribers to

redirect, hand off, or assign their wire or electronic communications

to another service area or another service provider or to utilize

facilities in another service area or of another service provider

shall ensure that, when the carrier that had been providing assistance for the interception of wire or electronic communications or

access to call-identifying information pursuant to a court order

or lawful authorization no longer has access to the content of

such communications or call-identifying information within the service area in which interception has been occurring as a result of

the subscriber’s use of such a feature or service, information is

made available to the government (before, during, or immediately

after the transfer of such communications) identifying the provider

of a wire or electronic communication service that has acquired

access to the communications.

SEC. 104. NOTICES OF CAPACITY REQUIREMENTS.

(a) NOTICES OF MAXIMUM AND ACTUAL CAPACITY REQUIRE- MENTS.—

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

of enactment of this title, after consulting with State and local

law enforcement agencies, telecommunications carriers, providers of telecommunications support services, and manufacturers

of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry

associations and standard-setting organizations— (A) notice of the actual number of communication interceptions, pen registers, and trap and trace devices, representing a portion of the maximum capacity set forth

under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously

by the date that is 4 years after the date of enactment

of this title; and

(B) notice of the maximum capacity required to

accommodate all of the communication interceptions, pen

registers, and trap and trace devices that the Attorney

General estimates that government agencies authorized

to conduct electronic surveillance may conduct and use

simultaneously after the date that is 4 years after the

date of enactment of this title.

(2) BASIS OF NOTICES.—The notices issued under paragraph

(1)—

(A) may be based upon the type of equipment, type

of service, number of subscribers, type or size or carrier,

nature of service area, or any other measure; and
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(B) shall identify, to the maximum extent practicable,

the capacity required at specific geographic locations.

(b) COMPLIANCE WITH CAPACITY NOTICES.—

(1) INITIAL CAPACITY.—Within 3 years after the publication

by the Attorney General of a notice of capacity requirements

or within 4 years after the date of enactment of this title,

whichever is longer, a telecommunications carrier shall, subject

to subsection (e), ensure that its systems are capable of—

(A) accommodating simultaneously the number of

interceptions, pen registers, and trap and trace devices

set forth in the notice under subsection (a)(1)(A); and

(B) expanding to the maximum capacity set forth in

the notice under subsection (a)(1)(B).

(2) EXPANSION TO MAXIMUM CAPACITY.—After the date

described in paragraph (1), a telecommunications carrier shall,

subject to subsection (e), ensure that it can accommodate

expeditiously any increase in the actual number of communication interceptions, pen registers, and trap and trace devices

that authorized agencies may seek to conduct and use, up

to the maximum capacity requirement set forth in the notice

under subsection (a)(1)(B).

(c) NOTICES OF INCREASED MAXIMUM CAPACITY REQUIREMENTS.—

(1) NOTICE.—The Attorney General shall periodically publish in the Federal Register, after notice and comment, notice

of any necessary increases in the maximum capacity requirement set forth in the notice under subsection (a)(1)(B).

(2) COMPLIANCE.—Within 3 years after notice of increased

maximum capacity requirements is published under paragraph

(1), or within such longer time period as the Attorney General

may specify, a telecommunications carrier shall, subject to subsection (e), ensure that its systems are capable of expanding

to the increased maximum capacity set forth in the notice.

(d) CARRIER STATEMENT.—Within 180 days after the publication

by the Attorney General of a notice of capacity requirements pursuant to subsection (a) or (c), a telecommunications carrier shall

submit to the Attorney General a statement identifying any of

its systems or services that do not have the capacity to accommodate

simultaneously the number of interceptions, pen registers, and trap

and trace devices set forth in the notice under such subsection.

(e) REIMBURSEMENT REQUIRED FOR COMPLIANCE.—The Attorney

General shall review the statements submitted under subsection

(d) and may, subject to the availability of appropriations, agree

to reimburse a telecommunications carrier for costs directly associated with modifications to attain such capacity requirement that

are determined to be reasonable in accordance with section 109(e).

Until the Attorney General agrees to reimburse such carrier for

such modification, such carrier shall be considered to be in compliance with the capacity notices under subsection (a) or (c).

SEC. 105. SYSTEMS SECURITY AND INTEGRITY.

A telecommunications carrier shall ensure that any interception

of communications or access to call-identifying information effected

within its switching premises can be activated only in accordance

with a court order or other lawful authorization and with the

affirmative intervention of an individual officer or employee of
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the carrier acting in accordance with regulations prescribed by

the Commission.

SEC. 106. COOPERATION OF EQUIPMENT MANUFACTURERS AND

PROVIDERS OF TELECOMMUNICATIONS SUPPORT SERVICES.

(a) CONSULTATION.—A telecommunications carrier shall consult,

as necessary, in a timely fashion with manufacturers of its telecommunications transmission and switching equipment and its

providers of telecommunications support services for the purpose

of ensuring that current and planned equipment, facilities, and

services comply with the capability requirements of section 103

and the capacity requirements identified by the Attorney General

under section 104.

(b) COOPERATION.—Subject to sections 104(e), 108(a), and 109 (b) and (d), a manufacturer of telecommunications transmission

or switching equipment and a provider of telecommunications support services shall, on a reasonably timely basis and at a reasonable

charge, make available to the telecommunications carriers using

its equipment, facilities, or services such features or modifications

as are necessary to permit such carriers to comply with the capability requirements of section 103 and the capacity requirements

identified by the Attorney General under section 104.

SEC. 107. TECHNICAL REQUIREMENTS AND STANDARDS; EXTENSION

OF COMPLIANCE DATE.

(a) SAFE HARBOR.— (1) CONSULTATION.—To ensure the efficient and industry- wide implementation of the assistance capability requirements

under section 103, the Attorney General, in coordination with

other Federal, State, and local law enforcement agencies, shall

consult with appropriate associations and standard-setting

organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions. (2) COMPLIANCE UNDER ACCEPTED STANDARDS.—A telecommunications carrier shall be found to be in compliance

with the assistance capability requirements under section 103,

and a manufacturer of telecommunications transmission or

switching equipment or a provider of telecommunications support services shall be found to be in compliance with section

106, if the carrier, manufacturer, or support service provider

is in compliance with publicly available technical requirements

or standards adopted by an industry association or standardsetting organization, or by the Commission under subsection

(b), to meet the requirements of section 103. (3) ABSENCE OF STANDARDS.—The absence of technical

requirements or standards for implementing the assistance

capability requirements of section 103 shall not—

(A) preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from

deploying a technology or service; or

(B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed

by section 103 or 106, as applicable. (b) COMMISSION AUTHORITY.—If industry associations or standard-setting organizations fail to issue technical requirements or

standards or if a Government agency or any other person believes
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that such requirements or standards are deficient, the agency or

person may petition the Commission to establish, by rule, technical

requirements or standards that—

(1) meet the assistance capability requirements of section

103 by cost-effective methods;

(2) protect the privacy and security of communications not

authorized to be intercepted;

(3) minimize the cost of such compliance on residential

ratepayers;

(4) serve the policy of the United States to encourage

the provision of new technologies and services to the public;

and

(5) provide a reasonable time and conditions for compliance

with and the transition to any new standard, including defining

the obligations of telecommunications carriers under section

103 during any transition period.

(c) EXTENSION OF COMPLIANCE DATE FOR EQUIPMENT, FACILITIES, AND SERVICES.—

(1) PETITION.—A telecommunications carrier proposing to

install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of section

103 may petition the Commission for 1 or more extensions

of the deadline for complying with the assistance capability

requirements under section 103.

(2) GROUNDS FOR EXTENSION.—The Commission may, after

consultation with the Attorney General, grant an extension

under this subsection, if the Commission determines that

compliance with the assistance capability requirements under

section 103 is not reasonably achievable through application

of technology available within the compliance period. (3) LENGTH OF EXTENSION.—An extension under this subsection shall extend for no longer than the earlier of— (A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 103; or (B) the date that is 2 years after the date on which

the extension is granted.

(4) APPLICABILITY OF EXTENSION.—An extension under this

subsection shall apply to only that part of the carrier’s business

on which the new equipment, facility, or service is used.

SEC. 108. ENFORCEMENT ORDERS.

(a) GROUNDS FOR ISSUANCE.—A court shall issue an order

enforcing this title under section 2522 of title 18, United States

Code, only if the court finds that—

(1) alternative technologies or capabilities or the facilities

of another carrier are not reasonably available to law enforcement for implementing the interception of communications or

access to call-identifying information; and

(2) compliance with the requirements of this title is reasonably achievable through the application of available technology

to the equipment, facility, or service at issue or would have

been reasonably achievable if timely action had been taken.

(b) TIME FOR COMPLIANCE.—Upon issuing an order enforcing

this title, the court shall specify a reasonable time and conditions

for complying with its order, considering the good faith efforts

to comply in a timely manner, any effect on the carrier’s, manufac-
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turer’s, or service provider’s ability to continue to do business,

the degree of culpability or delay in undertaking efforts to comply,

and such other matters as justice may require.

(c) LIMITATIONS.—An order enforcing this title may not—

(1) require a telecommunications carrier to meet the

Government’s demand for interception of communications and

acquisition of call-identifying information to any extent in

excess of the capacity for which the Attorney General has

agreed to reimburse such carrier;

(2) require any telecommunications carrier to comply with

assistance capability requirement of section 103 if the Commission has determined (pursuant to section 109(b)(1)) that compliance is not reasonably achievable, unless the Attorney General

has agreed (pursuant to section 109(b)(2)) to pay the costs

described in section 109(b)(2)(A); or

(3) require a telecommunications carrier to modify, for the

purpose of complying with the assistance capability requirements of section 103, any equipment, facility, or service

deployed on or before January 1, 1995, unless—

(A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly

associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or

(B) the equipment, facility, or service has been replaced

or significantly upgraded or otherwise undergoes major

modification.

SEC. 109. PAYMENT OF COSTS OF TELECOMMUNICATIONS CARRIERS

TO COMPLY WITH CAPABILITY REQUIREMENTS.

(a) EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED ON OR

BEFORE JANUARY 1, 1995.—The Attorney General may, subject

to the availability of appropriations, agree to pay telecommunications carriers for all reasonable costs directly associated with

the modifications performed by carriers in connection with equipment, facilities, and services installed or deployed on or before

January 1, 1995, to establish the capabilities necessary to comply

with section 103.

(b) EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED AFTER

JANUARY 1, 1995.—

(1) DETERMINATIONS OF REASONABLY ACHIEVABLE.—The

Commission, on petition from a telecommunications carrier or

any other interested person, and after notice to the Attorney

General, shall determine whether compliance with the assistance capability requirements of section 103 is reasonably

achievable with respect to any equipment, facility, or service

installed or deployed after January 1, 1995. The Commission

shall make such determination within 1 year after the date

such petition is filed. In making such determination, the

Commission shall determine whether compliance would impose

significant difficulty or expense on the carrier or on the users

of the carrier’s systems and shall consider the following factors:

(A) The effect on public safety and national security.

(B) The effect on rates for basic residential telephone

service.

(C) The need to protect the privacy and security of

communications not authorized to be intercepted.
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(D) The need to achieve the capability assistance

requirements of section 103 by cost-effective methods.

(E) The effect on the nature and cost of the equipment,

facility, or service at issue.

(F) The effect on the operation of the equipment, facility, or service at issue.

(G) The policy of the United States to encourage the

provision of new technologies and services to the public.

(H) The financial resources of the telecommunications

carrier.

(I) The effect on competition in the provision of telecommunications services.

(J) The extent to which the design and development

of the equipment, facility, or service was initiated before

January 1, 1995.

(K) Such other factors as the Commission determines

are appropriate.

(2) COMPENSATION.—If compliance with the assistance

capability requirements of section 103 is not reasonably achievable with respect to equipment, facilities, or services deployed

after January 1, 1995—

(A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier

for the additional reasonable costs of making compliance

with such assistance capability requirements reasonably

achievable; and

(B) if the Attorney General does not agree to pay

such costs, the telecommunications carrier shall be deemed

to be in compliance with such capability requirements. (c) ALLOCATION OF FUNDS FOR PAYMENT.—The Attorney General shall allocate funds appropriated to carry out this title in

accordance with law enforcement priorities determined by the Attorney General. (d) FAILURE TO MAKE PAYMENT WITH RESPECT TO EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED ON OR BEFORE JANUARY 1,

1995.—If a carrier has requested payment in accordance with procedures promulgated pursuant to subsection (e), and the Attorney

General has not agreed to pay the telecommunications carrier for

all reasonable costs directly associated with modifications necessary

to bring any equipment, facility, or service deployed on or before

January 1, 1995, into compliance with the assistance capability

requirements of section 103, such equipment, facility, or service

shall be considered to be in compliance with the assistance capability requirements of section 103 until the equipment, facility, or

service is replaced or significantly upgraded or otherwise undergoes

major modification.

(e) COST CONTROL REGULATIONS.—

(1) IN GENERAL.—The Attorney General shall, after notice

and comment, establish regulations necessary to effectuate

timely and cost-efficient payment to telecommunications carriers under this title, under chapters 119 and 121 of title

18, United States Code, and under the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

(2) CONTENTS OF REGULATIONS.—The Attorney General,

after consultation with the Commission, shall prescribe regulations for purposes of determining reasonable costs under this
H. R. 4922—10

title. Such regulations shall seek to minimize the cost to the

Federal Government and shall—

(A) permit recovery from the Federal Government of—

(i) the direct costs of developing the modifications

described in subsection (a), of providing the capabilities

requested under subsection (b)(2), or of providing the

capacities requested under section 104(e), but only to

the extent that such costs have not been recovered

from any other governmental or nongovernmental

entity;

(ii) the costs of training personnel in the use of

such capabilities or capacities; and

(iii) the direct costs of deploying or installing such

capabilities or capacities;

(B) in the case of any modification that may be used

for any purpose other than lawfully authorized electronic

surveillance by a law enforcement agency of a government,

permit recovery of only the incremental cost of making

the modification suitable for such law enforcement purposes; and

(C) maintain the confidentiality of trade secrets.

(3) SUBMISSION OF CLAIMS.—Such regulations shall require

any telecommunications carrier that the Attorney General has

agreed to pay for modifications pursuant to this section and

that has installed or deployed such modification to submit

to the Attorney General a claim for payment that contains

or is accompanied by such information as the Attorney General

may require.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title

a total of $500,000,000 for fiscal years 1995, 1996, 1997, and 1998.

Such sums are authorized to remain available until expended.

SEC. 111. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this

title shall take effect on the date of enactment of this Act.

(b) ASSISTANCE CAPABILITY AND SYSTEMS SECURITY AND INTEG- RITY REQUIREMENTS.—Sections 103 and 105 of this title shall take

effect on the date that is 4 years after the date of enactment

of this Act.

SEC. 112. REPORTS.

(a) REPORTS BY THE ATTORNEY GENERAL.— (1) IN GENERAL.—On or before November 30, 1995, and

on or before November 30 of each year thereafter, the Attorney

General shall submit to Congress and make available to the

public a report on the amounts paid during the preceding

fiscal year to telecommunications carriers under sections 104(e)

and 109.

(2) CONTENTS.—A report under paragraph (1) shall

include—

(A) a detailed accounting of the amounts paid to each

carrier and the equipment, facility, or service for which

the amounts were paid; and

(B) projections of the amounts expected to be paid

in the current fiscal year, the carriers to which payment
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is expected to be made, and the equipment, facilities, or

services for which payment is expected to be made. (b) REPORTS BY THE COMPTROLLER GENERAL.— (1) PAYMENTS FOR MODIFICATIONS.—On or before April 1,

1996, and every 2 years thereafter, the Comptroller General

of the United States, after consultation with the Attorney General and the telecommunications industry, shall submit to the

Congress a report— (A) describing the type of equipment, facilities, and services that have been brought into compliance under

this title; and

(B) reflecting its analysis of the reasonableness and cost-effectiveness of the payments made by the Attorney

General to telecommunications carriers for modifications

necessary to ensure compliance with this title.

(2) COMPLIANCE COST ESTIMATES.—A report under para- graph (1) shall include the findings and conclusions of the

Comptroller General on the costs to be incurred by telecommunications carriers to comply with the assistance capability requirements of section 103 after the effective date of such

section 103, including projections of the amounts expected to

be incurred and a description of the equipment, facilities, or

services for which they are expected to be incurred.

TITLE II—AMENDMENTS TO TITLE 18,

UNITED STATES CODE

SEC. 201. COURT ENFORCEMENT OF COMMUNICATIONS ASSISTANCE

FOR LAW ENFORCEMENT ACT.

(a) COURT ORDERS UNDER CHAPTER 119.—Chapter 119 of title

18, United States Code, is amended by inserting after section 2521

the following new section:

‘‘§ 2522. Enforcement of the Communications Assistance for

Law Enforcement Act

‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEILLANCE ORDER.— If a court authorizing an interception under this chapter, a State

statute, or the Foreign Intelligence Surveillance Act of 1978 (50

U.S.C. 1801 et seq.) or authorizing use of a pen register or a

trap and trace device under chapter 206 or a State statute finds

that a telecommunications carrier has failed to comply with the

requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such

Act, direct that the carrier comply forthwith and may direct that

a provider of support services to the carrier or the manufacturer

of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.

‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTORNEY GENERAL.—The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance

with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment,

or a provider of telecommunications support services comply with

such Act.

‘‘(c) CIVIL PENALTY.—
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‘‘(1) IN GENERAL.—A court issuing an order under this

section against a telecommunications carrier, a manufacturer

of telecommunications transmission or switching equipment,

or a provider of telecommunications support services may

impose a civil penalty of up to $10,000 per day for each day

in violation after the issuance of the order or after such future

date as the court may specify.

‘‘(2) CONSIDERATIONS.—In determining whether to impose

a civil penalty and in determining its amount, the court shall

take into account—

‘‘(A) the nature, circumstances, and extent of the violation;

‘‘(B) the violator’s ability to pay, the violator’s good

faith efforts to comply in a timely manner, any effect on

the violator’s ability to continue to do business, the degree

of culpability, and the length of any delay in undertaking

efforts to comply; and

‘‘(C) such other matters as justice may require.

‘‘(d) DEFINITIONS.—As used in this section, the terms defined

in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such

section.’’.

(b) CONFORMING AMENDMENTS.—

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

amended by adding at the end the following new sentence:

‘‘Pursuant to section 2522 of this chapter, an order may also

be issued to enforce the assistance capability and capacity

requirements under the Communications Assistance for Law

Enforcement Act.’’.

(2) Section 3124 of such title is amended by adding at

the end the following new subsection:

‘‘(f) COMMUNICATIONS ASSISTANCE ENFORCEMENT ORDERS.—

Pursuant to section 2522, an order may be issued to enforce the

assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.’’.

(3) The table of sections at the beginning of chapter 119

of title 18, United States Code, is amended by inserting after

the item pertaining to section 2521 the following new item:

‘‘2522. Enforcement of the Communications Assistance for Law Enforcement Act.’’.

SEC. 202. CORDLESS TELEPHONES.

(a) DEFINITIONS.—Section 2510 of title 18, United States Code,

is amended—

(1) in paragraph (1), by striking ‘‘, but such term does

not include’’ and all that follows through ‘‘base unit’’; and

(2) in paragraph (12), by striking subparagraph (A) and

redesignating subparagraphs (B), (C), and (D) as subparagraphs

(A), (B), and (C), respectively.

(b) PENALTY.—Section 2511 of title 18, United States Code,

is amended—

(1) in subsection (4)(b)(i) by inserting ‘‘a cordless telephone

communication that is transmitted between the cordless telephone handset and the base unit,’’ after ‘‘cellular telephone

communication,’’; and

(2) in subsection (4)(b)(ii) by inserting ‘‘a cordless telephone

communication that is transmitted between the cordless tele-
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phone handset and the base unit,’’ after ‘‘cellular telephone

communication,’’.

SEC. 203. RADIO-BASED DATA COMMUNICATIONS.

Section 2510(16) of title 18, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (D);

(2) by inserting ‘‘or’’ at the end of subparagraph (E); and

(3) by inserting after subparagraph (E) the following new

subparagraph:

‘‘(F) an electronic communication;’’.

SEC. 204. PENALTIES FOR MONITORING RADIO COMMUNICATIONS

THAT ARE TRANSMITTED USING MODULATION TECHNIQUES WITH NONPUBLIC PARAMETERS.

Section 2511(4)(b) of title 18, United States Code, is amended

by striking ‘‘or encrypted, then’’ and inserting ‘‘, encrypted, or

transmitted using modulation techniques the essential parameters

of which have been withheld from the public with the intention

of preserving the privacy of such communication, then’’.

SEC. 205. TECHNICAL CORRECTION.

Section 2511(2)(a)(i) of title 18, United States Code, is amended

by striking ‘‘used in the transmission of a wire communication’’

and inserting ‘‘used in the transmission of a wire or electronic

communication’’.

SEC. 206. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE

RADIO INSTRUMENTS.

(a) OFFENSE.—Section 1029(a) of title 18, United States Code,

is amended—

(1) by striking ‘‘or’’ at the end of paragraph (3); and

(2) by inserting after paragraph (4) the following new paragraphs:

‘‘(5) knowingly and with intent to defraud uses, produces,

traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered

to obtain unauthorized use of telecommunications services; or

‘‘(6) knowingly and with intent to defraud uses, produces,

traffics in, has control or custody of, or possesses—

‘‘(A) a scanning receiver; or

‘‘(B) hardware or software used for altering or modifying telecommunications instruments to obtain unauthorized

access to telecommunications services,’’.

(b) PENALTY.—Section 1029(c)(2) of title 18, United States Code,

is amended by striking ‘‘(a)(1) or (a)(4)’’ and inserting ‘‘(a) (1),

(4), (5), or (6)’’.

(c) DEFINITIONS.—Section 1029(e) of title 18, United States

Code, is amended—

(1) in paragraph (1) by inserting ‘‘electronic serial number,

mobile identification number, personal identification number,

or other telecommunications service, equipment, or instrument

identifier,’’ after ‘‘account number,’’;

(2) by striking ‘‘and’’ at the end of paragraph (5);

(3) by striking the period at the end of paragraph (6)

and inserting ‘‘; and’’; and

(4) by adding at the end the following new paragraph:
H. R. 4922—14

‘‘(7) the term ‘scanning receiver’ means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119.’’.

SEC. 207. TRANSACTIONAL DATA.

(a) DISCLOSURE OF RECORDS.—Section 2703 of title 18, United

States Code, is amended—

(1) in subsection (c)(1)—

(A) in subparagraph (B)—

(i) by striking clause (i); and

(ii) by redesignating clauses (ii), (iii), and (iv) as

clauses (i), (ii), and (iii), respectively; and

(B) by adding at the end the following new subparagraph:

‘‘(C) A provider of electronic communication service or remote

computing service shall disclose to a governmental entity the name,

address, telephone toll billing records, telephone number or other

subscriber number or identity, and length of service of a subscriber

to or customer of such service and the types of services the subscriber or customer utilized, when the governmental entity uses

an administrative subpoena authorized by a Federal or State statute

or a Federal or State grand jury or trial subpoena or any means

available under subparagraph (B).’’; and

(2) by amending the first sentence of subsection (d) to

read as follows: ‘‘A court order for disclosure under subsection

(b) or (c) may be issued by any court that is a court of competent

jurisdiction described in section 3126(2)(A) and shall issue only

if the governmental entity offers specific and articulable facts

showing that there are reasonable grounds to believe that the

contents of a wire or electronic communication, or the records

or other information sought, are relevant and material to an

ongoing criminal investigation.’’.

(b) PEN REGISTERS AND TRAP AND TRACE DEVICES.—Section

3121 of title 18, United States Code, is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection:

‘‘(c) LIMITATION.—A government agency authorized to install

and use a pen register under this chapter or under State law

shall use technology reasonably available to it that restricts the

recording or decoding of electronic or other impulses to the dialing

and signaling information utilized in call processing.’’.

SEC. 208. AUTHORIZATION FOR ACTING DEPUTY ATTORNEYS GENERAL IN THE CRIMINAL DIVISION TO APPROVE CERTAIN

COURT APPLICATIONS.

Section 2516(1) of title 18, United States Code, is amended

by inserting ‘‘or acting Deputy Assistant Attorney General’’ after

‘‘Deputy Assistant Attorney General’’.

TITLE III—AMENDMENTS TO THE

COMMUNICATIONS ACT OF 1934

SEC. 301. COMPLIANCE COST RECOVERY.

Title II of the Communications Act of 1934 is amended by

inserting after section 228 (47 U.S.C. 228) the following new section:
H. R. 4922—15

‘‘SEC. 229. COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT

ACT COMPLIANCE.

‘‘(a) IN GENERAL.—The Commission shall prescribe such rules

as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act.

‘‘(b) SYSTEMS SECURITY AND INTEGRITY.—The rules prescribed

pursuant to subsection (a) shall include rules to implement section

105 of the Communications Assistance for Law Enforcement Act

that require common carriers—

‘‘(1) to establish appropriate policies and procedures for

the supervision and control of its officers and employees—

‘‘(A) to require appropriate authorization to activate

interception of communications or access to call-identifying

information; and

‘‘(B) to prevent any such interception or access without

such authorization;

‘‘(2) to maintain secure and accurate records of any interception or access with or without such authorization; and

‘‘(3) to submit to the Commission the policies and procedures adopted to comply with the requirements established

under paragraphs (1) and (2).

‘‘(c) COMMISSION REVIEW OF COMPLIANCE.—The Commission

shall review the policies and procedures submitted under subsection

(b)(3) and shall order a common carrier to modify any such policy

or procedure that the Commission determines does not comply

with Commission regulations. The Commission shall conduct such

investigations as may be necessary to insure compliance by common

carriers with the requirements of the regulations prescribed under

this section.

‘‘(d) PENALTIES.—For purposes of this Act, a violation by an

officer or employee of any policy or procedure adopted by a common

carrier pursuant to subsection (b), or of a rule prescribed by the

Commission pursuant to subsection (a), shall be considered to be

a violation by the carrier of a rule prescribed by the Commission

pursuant to this Act.

‘‘(e) COST RECOVERY FOR COMMUNICATIONS ASSISTANCE FOR

LAW ENFORCEMENT ACT COMPLIANCE.—

‘‘(1) PETITIONS AUTHORIZED.—A common carrier may petition the Commission to adjust charges, practices, classifications,

and regulations to recover costs expended for making modifications to equipment, facilities, or services pursuant to the

requirements of section 103 of the Communications Assistance

for Law Enforcement Act.

‘‘(2) COMMISSION AUTHORITY.—The Commission may grant,

with or without modification, a petition under paragraph (1)

if the Commission determines that such costs are reasonable

and that permitting recovery is consistent with the public

interest. The Commission may, consistent with maintaining

just and reasonable charges, practices, classifications, and regulations in connection with the provision of interstate or foreign

communication by wire or radio by a common carrier, allow

carriers to adjust such charges, practices, classifications, and

regulations in order to carry out the purposes of this Act.

‘‘(3) JOINT BOARD.—The Commission shall convene a Federal-State joint board to recommend appropriate changes to

part 36 of the Commission’s rules with respect to recovery
H. R. 4922—16

of costs pursuant to charges, practices, classifications, and regulations under the jurisdiction of the Commission.’’.

SEC. 302. RECOVERY OF COST OF COMMISSION PROCEEDINGS.

The schedule of application fees in section 8(g) of the Commu- nications Act of 1934 (47 U.S.C. 158(g)) is amended by inserting

under item 1 of the matter pertaining to common carrier services

the following additional subitem:

‘‘d. Proceeding under section 109(b) of the Communications Assistance for Law Enforcement Act ............................................................ 5,000’’.

SEC. 303. CLERICAL AND TECHNICAL AMENDMENTS.

(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.—

The Communications Act of 1934 is amended—

(1) in section 4(f)(3), by striking ‘‘overtime exceeds beyond’’ and inserting ‘‘overtime extends beyond’’; (2) in section 5, by redesignating subsection (f) as sub- section (e);

(3) in section 8(d)(2), by striking ‘‘payment of a’’ and insert- ing ‘‘payment of an’’; (4) in the schedule contained in section 8(g), in item 7.f. under the heading ‘‘EQUIPMENT APPROVAL SERVICES/EXPERI- MENTAL RADIO’’ by striking ‘‘Additional Charge’’ and inserting ‘‘Additional Application Fee’’; (5) in section 9(f)(1), by inserting before the second sentence the following: ‘‘(2) INSTALLMENT PAYMENTS.—’’;

(6) in the schedule contained in section 9(g), in the item pertaining to interactive video data services under the private

radio bureau, insert ‘‘95’’ after ‘‘47 C.F.R. Part’’;

(7) in section 220(a)—

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(B) by adding at the end the following new paragraph: ‘‘(2) The Commission shall, by rule, prescribe a uniform system of accounts for use by telephone companies. Such uniform system

shall require that each common carrier shall maintain a system

of accounting methods, procedures, and techniques (including

accounts and supporting records and memoranda) which shall

ensure a proper allocation of all costs to and among telecommunications services, facilities, and products (and to and among classes

of such services, facilities, and products) which are developed, manufactured, or offered by such common carrier.’’; (8) in section 220(b), by striking ‘‘clasess’’ and inserting ‘‘classes’’;

(9) in section 223(b)(3), by striking ‘‘defendant restrict access’’ and inserting ‘‘defendant restricted access’’; (10) in section 226(d), by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and

(3), respectively; (11) in section 227(b)(2)(C), by striking ‘‘paragraphs’’ and

inserting ‘‘paragraph’’; (12) in section 227(e)(2), by striking ‘‘national datebase’’

and inserting ‘‘national database’’;

(13) in section 228(c), by redesignating the second paragraph (2) and paragraphs (3) through (6) as paragraphs (3)

through (7), respectively;

(14) in section 228(c)(6)(D), by striking ‘‘conservation’’ and

inserting ‘‘conversation’’;
H. R. 4922—17

(15) in section 308(c), by striking ‘‘May 24, 1921’’ and

inserting ‘‘May 27, 1921’’;

(16) in section 309(c)(2)(F), by striking ‘‘section 325(b)’’

and inserting ‘‘section 325(c)’’;

(17) in section 309(i)(4)(A), by striking ‘‘Communications

Technical Amendments Act of 1982’’ and inserting ‘‘Communications Amendments Act of 1982’’;

(18) in section 331, by amending the heading of such section

to read as follows:

‘‘VERY HIGH FREQUENCY STATIONS AND AM RADIO STATIONS’’;

(19) in section 358, by striking ‘‘(a)’’;

(20) in part III of title III—

(A) by inserting before section 381 the following

heading:

‘‘VESSELS TRANSPORTING MORE THAN SIX PASSENGERS FOR HIRE

REQUIRED TO BE EQUIPPED WITH RADIO TELEPHONE’’;

(B) by inserting before section 382 the following

heading:

‘‘VESSELS EXCEPTED FROM RADIO TELEPHONE REQUIREMENT’’;

(C) by inserting before section 383 the following

heading:

‘‘EXEMPTIONS BY COMMISSION’’;

(D) by inserting before section 384 the following

heading:

‘‘AUTHORITY OF COMMISSION; OPERATIONS, INSTALLATIONS, AND

ADDITIONAL EQUIPMENT’’;

(E) by inserting before section 385 the following

heading:

‘‘INSPECTIONS’’; and

(F) by inserting before section 386 the following

heading:

‘‘FORFEITURES’’;

(21) in section 410(c), by striking ‘‘, as referred to in sections 202(b) and 205(f) of the Interstate Commerce Act,’’;

(22) in section 613(b)(2), by inserting a comma after ‘‘pole’’

and after ‘‘line’’;

(23) in section 624(d)(2)(A), by inserting ‘‘of’’ after ‘‘viewing’’;

(24) in section 634(h)(1), by striking ‘‘section 602(6)(A)’’ and inserting ‘‘section 602(7)(A)’’; (25) in section 705(d)(6), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’; (26) in section 705(e)(3)(A), by striking ‘‘paragraph (4) of

subsection (d)’’ and inserting ‘‘paragraph (4) of this subsection’’;

(27) in section 705, by redesignating subsections (f) and

(g) (as added by Public Law 100–667) as subsections (g) and

(h); and
H. R. 4922—18

(28) in section 705(h) (as so redesignated), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’.

(b) AMENDMENTS TO THE COMMUNICATIONS SATELLITE ACT OF

1962.—The Communications Satellite Act of 1962 is amended—

(1) in section 303(a)—

(A) by striking ‘‘section 27(d)’’ and inserting ‘‘section

327(d)’’;

(B) by striking ‘‘sec. 29-911(d)’’ and inserting ‘‘sec. 29-

327(d)’’;

(C) by striking ‘‘section 36’’ and inserting ‘‘section 336’’;

and

(D) by striking ‘‘sec. 29-916d’’ and inserting ‘‘section

29-336(d)’’;

(2) in section 304(d), by striking ‘‘paragraphs (1), (2), (3),

(4), and (5) of section 310(a)’’ and inserting ‘‘subsection (a)

and paragraphs (1) through (4) of subsection (b) of section

310’’; and

(3) in section 304(e)—

(A) by striking ‘‘section 45(b)’’ and inserting ‘‘section

345(b)’’; and

(B) by striking ‘‘sec. 29-920(b)’’ and inserting ‘‘sec. 29-

345(b)’’; and

(4) in sections 502(b) and 503(a)(1), by striking ‘‘the

Communications Satellite Corporation’’ and inserting ‘‘the

communications satellite corporation established pursuant to

title III of this Act’’.

(c) AMENDMENT TO THE CHILDREN’S TELEVISION ACT OF 1990.—

Section 103(a) of the Children’s Television Act of 1990 (47 U.S.C.

303b(a)) is amended by striking ‘‘noncommerical’’ and inserting

‘‘noncommercial’’.

(d) AMENDMENTS TO THE TELECOMMUNICATIONS AUTHORIZATION

ACT OF 1992.—Section 205(1) of the Telecommunications Authorization Act of 1992 is amended—

(1) by inserting an open parenthesis before ‘‘other than’’;

and

(2) by inserting a comma after ‘‘stations)’’. (e) CONFORMING AMENDMENT.—Section 1253 of the Omnibus

Budget Reconciliation Act of 1981 is repealed. (f) STYLISTIC CONSISTENCY.—The Communications Act of 1934

and the Communications Satellite Act of 1962 are amended so

that the section designation and section heading of each section

of such Acts shall be in the form and typeface of the section

designation and heading of this section.

SEC. 304. ELIMINATION OF EXPIRED AND OUTDATED PROVISIONS.

(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.—

The Communications Act of 1934 is amended—

(1) in section 7(b), by striking ‘‘or twelve months after

the date of the enactment of this section, if later’’ both places

it appears;

(2) in section 212, by striking ‘‘After sixty days from the

enactment of this Act it shall’’ and inserting ‘‘It shall’’;

(3) in section 213, by striking subsection (g) and redesignating subsection (h) as subsection (g);

(4) in section 214, by striking ‘‘section 221 or 222’’ and

inserting ‘‘section 221’’;

(5) in section 220(b), by striking ‘‘, as soon as practicable,’’;
H. R. 4922—19

(6) by striking section 222;

(7) in section 224(b)(2), by striking ‘‘Within 180 days from

the date of enactment of this section the Commission’’ and

inserting ‘‘The Commission’’;

(8) in 226(e), by striking ‘‘within 9 months after the date

of enactment of this section,’’;

(9) in section 309(i)(4)(A), by striking ‘‘The commission,

not later than 180 days after the date of the enactment of

the Communications Technical Amendments Act of 1982, shall,’’

and inserting ‘‘The Commission shall,’’;

(10) by striking section 328;

(11) in section 413, by striking ‘‘, within sixty days after

the taking effect of this Act,’’;

(12) in section 624(d)(2)(B)—

(A) by striking out ‘‘(A)’’;

(B) by inserting ‘‘of’’ after ‘‘restrict the viewing’’; and

(C) by striking subparagraph (B);

(13) by striking sections 702 and 703;

(14) in section 704—

(A) by striking subsections (b) and (d); and

(B) by redesignating subsection (c) as subsection (b);

(15) in section 705(g) (as redesignated by section 304(25)),

by striking ‘‘within 6 months after the date of enactment of

the Satellite Home Viewer Act of 1988, the Federal Communications Commission’’ and inserting ‘‘The Commission’’;

(16) in section 710(f)—

(A) by striking the first and second sentences; and

(B) in the third sentence, by striking ‘‘Thereafter, the

Commission’’ and inserting ‘‘The Commission’’;

(17) in section 712(a), by striking ‘‘, within 120 days after

the effective date of the Satellite Home Viewer Act of 1988,’’;

and

(18) by striking section 713. (b) AMENDMENTS TO THE COMMUNICATIONS SATELLITE ACT OF

1962.—The Communications Satellite Act of 1962 is amended—

(1) in section 201(a)(1), by striking ‘‘as expeditiously as

possible,’’;

(2) by striking sections 301 and 302 and inserting the

following:

‘‘SEC. 301. CREATION OF CORPORATION.

‘‘There is authorized to be created a communications satellite

corporation for profit which will not be an agency or establishment

of the United States Government.

‘‘SEC. 302. APPLICABLE LAWS.

‘‘The corporation shall be subject to the provisions of this Act

and, to the extent consistent with this Act, to the District of Columbia Business Corporation Act. The right to repeal, alter, or amend

this Act at any time is expressly reserved.’’;

(3) in section 304(a), by striking ‘‘at a price not in excess

of $100 for each share and’’;

(4) in section 404—

(A) by striking subsections (a) and (c); and

(B) by redesignating subsection (b) as section 404;

(5) in section 503—

(A) by striking paragraph (2) of subsection (a); and
H. R. 4922—20

(B) by redesignating paragraph (3) of subsection (a)

as paragraph (2) of such subsection;

(C) by striking subsection (b);

(D) in subsection (g)—

(i) by striking ‘‘subsection (c)(3)’’ and inserting

‘‘subsection (b)(3)’’; and

(ii) by striking the last sentence; and

(E) by redesignating subsections (c) through (h) as

subsections (b) through (g), respectively;

(5) by striking sections 505, 506, and 507; and

(6) by redesignating section 508 as section 505.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.