II

103D CONGRESS

2D SESSION H. R. 4922

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Received

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.

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

3 TITLE I—INTERCEPTION OF DIG4 ITAL AND OTHER COMMU5 NICATIONS

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Communications As8 sistance for Law Enforcement Act’’.
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1 SEC. 102. DEFINITIONS.

2 For purposes of this title:

3 (1) The terms defined in section 2510 of title

4 18, United States Code, have, respectively, the

5 meanings stated in that section.

6 (2) The term ‘‘call-identifying information’’

7 means dialing or signaling information that identi8 fies the origin, direction, destination, or termination

9 of each communication generated or received by a

10 subscriber by means of any equipment, facility, or

11 service of a telecommunications carrier.

12 (3) The term ‘‘Commission’’ means the Federal

13 Communications Commission.

14 (4) The term ‘‘electronic messaging services’’

15 means software-based services that enable the shar16 ing of data, images, sound, writing, or other infor17 mation among computing devices controlled by the

18 senders or recipients of the messages.

19 (5) The term ‘‘government’’ means the govern20 ment of the United States and any agency or instru21 mentality thereof, the District of Columbia, any

22 commonwealth, territory, or possession of the United

23 States, and any State or political subdivision thereof

24 authorized by law to conduct electronic surveillance.

25 (6) The term ‘‘information services’’—
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1 (A) means the offering of a capability for

2 generating, acquiring, storing, transforming,

3 processing, retrieving, utilizing, or making

4 available information via telecommunications;

5 and

6 (B) includes—

7 (i) a service that permits a customer

8 to retrieve stored information from, or file

9 information for storage in, information

10 storage facilities;

11 (ii) electronic publishing; and

12 (iii) electronic messaging services; but

13 (C) does not include any capability for a

14 telecommunications carrier’s internal manage15 ment, control, or operation of its telecommuni16 cations network.

17 (7) The term ‘‘telecommunications support

18 services’’ means a product, software, or service used

19 by a telecommunications carrier for the internal sig20 naling or switching functions of its telecommuni21 cations network.

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

23 (A) means a person or entity engaged in

24 the transmission or switching of wire or elec-
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1 tronic communications as a common carrier for

2 hire; and

3 (B) includes—

4 (i) a person or entity engaged in pro5 viding commercial mobile service (as de6 fined in section 332(d) of the Communica7 tions Act of 1934 (47 U.S.C. 332(d))); or

8 (ii) a person or entity engaged in pro9 viding wire or electronic communication

10 switching or transmission service to the ex11 tent that the Commission finds that such

12 service is a replacement for a substantial

13 portion of the local telephone exchange

14 service and that it is in the public interest

15 to deem such a person or entity to be a

16 telecommunications carrier for purposes of

17 this title; but

18 (C) does not include—

19 (i) persons or entities insofar as they

20 are engaged in providing information serv21 ices; and

22 (ii) any class or category of tele23 communications carriers that the Commis24 sion exempts by rule after consultation

25 with the Attorney General.
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1 SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.

2 (a) CAPABILITY REQUIREMENTS.—Except as pro3 vided in subsections (b), (c), and (d) of this section and

4 sections 108(a) and 109 (b) and (d), a telecommunications

5 carrier shall ensure that its equipment, facilities, or serv6 ices that provide a customer or subscriber with the ability

7 to originate, terminate, or direct communications are ca8 pable of—

9 (1) expeditiously isolating and enabling the gov10 ernment, pursuant to a court order or other lawful

11 authorization, to intercept, to the exclusion of any

12 other communications, all wire and electronic com13 munications carried by the carrier within a service

14 area to or from equipment, facilities, or services of

15 a subscriber of such carrier concurrently with their

16 transmission to or from the subscriber’s equipment,

17 facility, or service, or at such later time as may be

18 acceptable to the government;

19 (2) expeditiously isolating and enabling the gov20 ernment, pursuant to a court order or other lawful

21 authorization, to access call-identifying information

22 that is reasonably available to the carrier—

23 (A) before, during, or immediately after

24 the transmission of a wire or electronic commu25 nication (or at such later time as may be ac26 ceptable to the government); and
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1 (B) in a manner that allows it to be associ2 ated with the communication to which it per3 tains,

4 except that, with regard to information acquired

5 solely pursuant to the authority for pen registers

6 and trap and trace devices (as defined in section

7 3127 of title 18, United States Code), such call8 identifying information shall not include any infor9 mation that may disclose the physical location of the

10 subscriber (except to the extent that the location

11 may be determined from the telephone number);

12 (3) delivering intercepted communications and

13 call-identifying information to the government, pur14 suant to a court order or other lawful authorization,

15 in a format such that they may be transmitted by

16 means of equipment, facilities, or services procured

17 by the government to a location other than the

18 premises of the carrier; and

19 (4) facilitating authorized communications

20 interceptions and access to call-identifying informa21 tion unobtrusively and with a minimum of inter22 ference with any subscriber’s telecommunications

23 service and in a manner that protects—
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1 (A) the privacy and security of communica2 tions and call-identifying information not au3 thorized to be intercepted; and

4 (B) information regarding the govern5 ment’s interception of communications and ac6 cess to call-identifying information.

7 (b) LIMITATIONS.—

8 (1) DESIGN OF FEATURES AND SYSTEMS CON9 FIGURATIONS.—This title does not authorize any law

10 enforcement agency or officer—

11 (A) to require any specific design of equip12 ment, facilities, services, features, or system

13 configurations to be adopted by any provider of

14 a wire or electronic communication service, any

15 manufacturer of telecommunications equipment,

16 or any provider of telecommunications support

17 services; or

18 (B) to prohibit the adoption of any equip19 ment, facility, service, or feature by any pro20 vider of a wire or electronic communication

21 service, any manufacturer of telecommuni22 cations equipment, or any provider of tele23 communications support services.

24 (2) INFORMATION SERVICES; PRIVATE NET25 WORKS AND INTERCONNECTION SERVICES AND FA-
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1 CILITIES.—The requirements of subsection (a) do

2 not apply to—

3 (A) information services; or

4 (B) equipment, facilities, or services that

5 support the transport or switching of commu6 nications for private networks or for the sole

7 purpose of interconnecting telecommunications

8 carriers.

9 (3) ENCRYPTION.—A telecommunications car10 rier shall not be responsible for decrypting, or ensur11 ing the government’s ability to decrypt, any commu12 nication encrypted by a subscriber or customer, un13 less the encryption was provided by the carrier and

14 the carrier possesses the information necessary to

15 decrypt the communication.

16 (c) EMERGENCY OR EXIGENT CIRCUMSTANCES.—In

17 emergency or exigent circumstances (including those de18 scribed in sections 2518 (7) or (11)(b) and 3125 of title

19 18, United States Code, and section 1805(e) of title 50

20 of such Code), a carrier at its discretion may comply with

21 subsection (a)(3) by allowing monitoring at its premises

22 if that is the only means of accomplishing the interception

23 or access.

24 (d) MOBILE SERVICE ASSISTANCE REQUIRE25 MENTS.—A telecommunications carrier that is a provider
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1 of commercial mobile service (as defined in section 332(d)

2 of the Communications Act of 1934) offering a feature

3 or service that allows subscribers to redirect, hand off, or

4 assign their wire or electronic communications to another

5 service area or another service provider or to utilize facili6 ties in another service area or of another service provider

7 shall ensure that, when the carrier that had been providing

8 assistance for the interception of wire or electronic com9 munications or access to call-identifying information pur10 suant to a court order or lawful authorization no longer

11 has access to the content of such communications or call12 identifying information within the service area in which

13 interception has been occurring as a result of the subscrib14 er’s use of such a feature or service, information is made

15 available to the government (before, during, or imme16 diately after the transfer of such communications) identi17 fying the provider of wire or electronic communication

18 service that has acquired access to the communications.

19 SEC. 104. NOTICES OF CAPACITY REQUIREMENTS.

20 (a) NOTICES OF MAXIMUM AND ACTUAL CAPACITY

21 REQUIREMENTS.—

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

23 the date of enactment of this title, after consulting

24 with State and local law enforcement agencies, tele25 communications carriers, providers of telecommuni-
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1 cations support services, and manufacturers of tele2 communications equipment, and after notice and

3 comment, the Attorney General shall publish in the

4 Federal Register and provide to appropriate tele5 communications industry associations and standard6 setting organizations—

7 (A) notice of the actual number of commu8 nication interceptions, pen registers, and trap

9 and trace devices, representing a portion of the

10 maximum capacity set forth under subpara11 graph (B), that the Attorney General estimates

12 that government agencies authorized to conduct

13 electronic surveillance may conduct and use si14 multaneously by the date that is 4 years after

15 the date of enactment of this title; and

16 (B) notice of the maximum capacity re17 quired to accommodate all of the communica18 tion interceptions, pen registers, and trap and

19 trace devices that the Attorney General esti20 mates that government agencies authorized to

21 conduct electronic surveillance may conduct and

22 use simultaneously after the date that is 4

23 years after the date of enactment of this title.

24 (2) BASIS OF NOTICES.—The notices issued

25 under paragraph (1)—
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1 (A) may be based upon the type of equip2 ment, type of service, number of subscribers,

3 type or size of carrier, nature of service area,

4 of any other measure; and

5 (B) shall identify, to the maximum extent

6 practicable, the capacity required at specific ge7 ographic locations.

8 (b) COMPLIANCE WITH CAPACITY NOTICES.—

9 (1) INITIAL CAPACITY.—Within 3 years after

10 the publication by the Attorney General of a notice

11 of capacity requirements or within 4 years after the

12 date of enactment of this title, whichever is longer,

13 a telecommunications carrier shall, subject to sub14 section (e), ensure that its systems are capable of—

15 (A) accommodating simultaneously the

16 number of interceptions, pen registers, and trap

17 and trace devices set forth in the notice under

18 subsection (a)(1)(A); and

19 (B) expanding to the maximum capacity

20 set forth in the notice under subsection

21 (a)(1)(B).

22 (2) EXPANSION TO MAXIMUM CAPACITY.—After

23 the date described in paragraph (1), a telecommuni24 cations carrier shall, subject to subsection (e), en25 sure that it can accommodate expeditiously any in-
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1 crease in the actual number of communication inter2 ceptions, pen registers, and trap and trace devices

3 that authorized agencies may seek to conduct and

4 use, up to the maximum capacity requirement set

5 forth in the notice under subsection (a)(1)(B).

6 (c) NOTICES OF INCREASED MAXIMUM CAPACITY

7 REQUIREMENTS.—

8 (1) NOTICE.—The Attorney General shall peri9 odically publish in the Federal Register, after notice

10 and comment, notice of any necessary increases in

11 the maximum capacity requirement set forth in the

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

13 (2) COMPLIANCE.—Within 3 years after notice

14 of increased maximum capacity requirements is pub15 lished under paragraph (1), or within such longer

16 time period as the Attorney General may specify, a

17 telecommunications carrier shall, subject to sub18 section (e), ensure that its systems are capable of

19 expanding to the increased maximum capacity set

20 forth in the notice.

21 (d) CARRIER STATEMENT.—Within 180 days after

22 the publication by the Attorney General of a notice of ca23 pacity requirements pursuant to subsection (a) or (c), a

24 telecommunications carrier shall submit to the Attorney

25 General a statement identifying any of its systems or serv-
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1 ices that do not have the capacity to accommodate simul2 taneously the number of interceptions, pen registers, and

3 trap and trace devices set forth in the notice under such

4 subsection.

5 (e) REIMBURSEMENT REQUIRED FOR COMPLI6 ANCE.—The Attorney General shall review the statements

7 submitted under subsection (d) and may, subject to the

8 availability of appropriations, agree to reimburse a tele9 communications carrier for costs directly associated with

10 modifications to attain such capacity requirement that are

11 determined to be reasonable in accordance with section

12 109(e). Until the Attorney General agrees to reimburse

13 such carrier for such modification, such carrier shall be

14 considered to be in compliance with the capacity notices

15 under subsection (a) or (c).

16 SEC. 105. SYSTEMS SECURITY AND INTEGRITY.

17 A telecommunications carrier shall ensure that any

18 interception of communications or access to call-identify19 ing information effected within its switching premises can

20 be activated only in accordance with a court order or other

21 lawful authorization and with the affirmative intervention

22 of an individual officer or employee of the carrier acting

23 in accordance with regulations prescribed by the Commis24 sion.
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1 SEC. 106. COOPERATION OF EQUIPMENT MANUFACTURERS

2 AND PROVIDERS OF TELECOMMUNICATIONS

3 SUPPORT SERVICES.

4 (a) CONSULTATION.—A telecommunications carrier

5 shall consult, as necessary, in a timely fashion with manu6 facturers of its telecommunications transmission and

7 switching equipment and its providers of telecommuni8 cations support services for the purpose of ensuring that

9 current and planned equipment, facilities, and services

10 comply with the capability requirements of section 103

11 and the capacity requirements identified by the Attorney

12 General under section 104.

13 (b) COOPERATION.—Subject to sections 104(e),

14 108(a), and 109 (b) and (d), a manufacturer of tele15 communications transmission or switching equipment and

16 a provider of telecommunications support services shall,

17 on a reasonably timely basis and at a reasonable charge,

18 make available to the telecommunications carriers using

19 its equipment, facilities, or services such features or modi20 fications as are necessary to permit such carriers to com21 ply with the capability requirements of section 103 and

22 the capacity requirements identified by the Attorney Gen23 eral under section 104.

24 SEC. 107. TECHNICAL REQUIREMENTS AND STANDARDS;

25 EXTENSION OF COMPLIANCE DATE.

26 (a) SAFE HARBOR.—
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1 (1) CONSULTATION.—To ensure the efficient

2 and industry-wide implementation of the assistance

3 capability requirements under section 103, the At4 torney General, in coordination with other Federal,

5 State, and local law enforcement agencies, shall con6 sult with appropriate associations and standard-set7 ting organizations of the telecommunications indus8 try, with representatives of users of telecommuni9 cations equipment, facilities, and services, and with

10 State utility commissions.

11 (2) COMPLIANCE UNDER ACCEPTED STAND12 ARDS.—A telecommunications carrier shall be found

13 to be in compliance with the assistance capability re14 quirements under section 103, and a manufacturer

15 of telecommunications transmission or switching

16 equipment or a provider of telecommunications sup17 port services shall be found to be in compliance with

18 section 106, if the carrier, manufacturer, or support

19 service provider is in compliance with publicly avail20 able technical requirements or standards adopted by

21 an industry association or standard-setting organiza22 tion, or by the Commission under subsection (b), to

23 meet the requirements of section 103.

24 (3) ABSENCE OF STANDARDS.—The absence of

25 technical requirements or standards for implement-
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1 ing the assistance capability requirements of section

2 103 shall not—

3 (A) preclude a telecommunications carrier,

4 manufacturer, or telecommunications support

5 services provider from deploying a technology or

6 service; or

7 (B) relieve a carrier, manufacturer, or tele8 communications support services provider of the

9 obligations imposed by section 103 or 106, as

10 applicable.

11 (b) COMMISSION AUTHORITY.—If industry associa12 tions or standard-setting organizations fail to issue tech13 nical requirements or standards or if a government agency

14 or any other person believes that such requirements or

15 standards are deficient, the agency or person may petition

16 the Commission to establish, by rule, technical require17 ments or standards that—

18 (1) meet the assistance capability requirements

19 of section 103 by cost-effective methods;

20 (2) protect the privacy and security of commu21 nications not authorized to be intercepted;

22 (3) minimize the cost of such compliance on

23 residential ratepayers;
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1 (4) serve the policy of the United States to en2 courage the provision of new technologies and serv3 ices to the public; and

4 (5) provide a reasonable time and conditions for

5 compliance with and the transition to any new

6 standard, including defining the obligations of tele7 communications carriers under section 103 during

8 any transition period.

9 (c) EXTENSION OF COMPLIANCE DATE FOR EQUIP10 MENT, FACILITIES, AND SERVICES.—

11 (1) PETITION.—A telecommunications carrier

12 proposing to install or deploy, or having installed or

13 deployed, any equipment, facility, or service prior to

14 the effective date of section 103 may petition the

15 Commission for 1 or more extensions of the deadline

16 for complying with the assistance capability require17 ments under section 103.

18 (2) GROUNDS FOR EXTENSION.—The Commis19 sion may, after consultation with the Attorney Gen20 eral, grant an extension under this subsection, if the

21 Commission determines that compliance with the as22 sistance capability requirements under section 103 is

23 not reasonably achievable through application of

24 technology available within the compliance period.
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1 (3) LENGTH OF EXTENSION.—An extension

2 under this subsection shall extend for no longer than

3 the earlier of—

4 (A) the date determined by the Commis5 sion as necessary for the carrier to comply with

6 the assistance capability requirements under

7 section 103; or

8 (B) the date that is 2 years after the date

9 on which the extension is granted.

10 (4) APPLICABILITY OF EXTENSION.—An exten11 sion under this subsection shall apply to only that

12 part of the carrier’s business on which the new

13 equipment, facility, or service is used.

14 SEC. 108. ENFORCEMENT ORDERS.

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

16 order enforcing this title under section 2522 of title 18,

17 United States Code, only if the court finds that—

18 (1) alternative technologies or capabilities or

19 the facilities of another carrier are not reasonably

20 available to law enforcement for implementing the

21 interception of communications or access to call22 identifying information; and

23 (2) compliance with the requirements of this

24 title is reasonably achievable through the application

25 of available technology to the equipment, facility, or
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1 service at issue or would have been reasonably

2 achievable if timely action had been taken.

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

4 enforcing this title, the court shall specify a reasonable

5 time and conditions for complying with its order, consider6 ing the good faith efforts to comply in a timely manner,

7 any effect on the carrier’s, manufacturer’s, or service pro8 vider’s ability to continue to do business, the degree of

9 culpability or delay in undertaking efforts to comply, and

10 such other matters as justice may require.

11 (c) LIMITATIONS.—An order enforcing this title may

12 not—

13 (1) require a telecommunications carrier to

14 meet the government’s demand for interception of

15 communications and acquisition of call-identifying

16 information to any extent in excess of the capacity

17 for which the Attorney General has agreed to reim18 burse such carrier;

19 (2) require any telecommunications carrier to

20 comply with assistance capability requirement of sec21 tion 103 if the Commission has determined (pursu22 ant to section 109(b)(1)) that compliance is not rea23 sonably achievable, unless the Attorney General has

24 agreed (pursuant to section 109(b)(2)) to pay the

25 costs described in section 109(b)(2)(A); or
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1 (3) require a telecommunications carrier to

2 modify, for the purpose of complying with the assist3 ance capability requirements of section 103, any

4 equipment, facility, or service deployed on or before

5 January 1, 1995, unless—

6 (A) the Attorney General has agreed to

7 pay the telecommunications carrier for all rea8 sonable costs directly associated with modifica9 tions necessary to bring the equipment, facility,

10 or service into compliance with those require11 ments; or

12 (B) the equipment, facility, or service has

13 been replaced or significantly upgraded or oth14 erwise undergoes major modification.

15 SEC. 109. PAYMENT OF COSTS OF TELECOMMUNICATIONS

16 CARRIERS TO COMPLY WITH CAPABILITY RE17 QUIREMENTS.

18 (a) EQUIPMENT, FACILITIES, AND SERVICES DE19 PLOYED ON OR BEFORE JANUARY 1, 1995.—The Attor20 ney General may, subject to the availability of appropria21 tions, agree to pay telecommunications carriers for all rea22 sonable costs directly associated with the modifications

23 performed by carriers in connection with equipment, facili24 ties, and services installed or deployed on or before Janu-
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1 ary 1, 1995, to establish the capabilities necessary to com2 ply with section 103.

3 (b) EQUIPMENT, FACILITIES, AND SERVICES DE4 PLOYED AFTER JANUARY 1, 1995.—

5 (1) DETERMINATIONS OF REASONABLY ACHIEV6 ABLE.—The Commission, on petition from a tele7 communications carrier or any other interested per8 son, and after notice to the Attorney General, shall

9 determine whether compliance with the assistance

10 capability requirements of section 103 is reasonably

11 achievable with respect to any equipment, facility, or

12 service installed or deployed after January 1, 1995.

13 The Commission shall make such determination

14 within 1 year after the date such petition is filed. In

15 making such determination, the Commission shall

16 determine whether compliance would impose signifi17 cant difficulty or expense on the carrier or on the

18 users of the carrier’s systems and shall consider the

19 following factors:

20 (A) The effect on public safety and na21 tional security.

22 (B) The effect on rates for basic residen23 tial telephone service.
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1 (C) The need to protect the privacy and

2 security of communications not authorized to be

3 intercepted.

4 (D) The need to achieve the capability as5 sistance requirements of section 103 by cost-ef6 fective methods.

7 (E) The effect on the nature and cost of

8 the equipment, facility, or service at issue.

9 (F) The effect on the operation of the

10 equipment, facility, or service at issue.

11 (G) The policy of the United States to en12 courage the provision of new technologies and

13 services to the public.

14 (H) The financial resources of the tele15 communications carrier.

16 (I) The effect on competition in the provi17 sion of telecommunications services.

18 (J) The extent to which the design and de19 velopment of the equipment, facility, or service

20 was initiated before January 1, 1995.

21 (K) Such other factors as the Commission

22 determines are appropriate.

23 (2) COMPENSATION.—If compliance with the

24 assistance capability requirements of section 103 is

25 not reasonably achievable with respect to equipment,
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1 facilities, or services deployed after January 1,

2 1995—

3 (A) the Attorney General, on application of

4 a telecommunications carrier, may agree, sub5 ject to the availability of appropriations, to pay

6 the telecommunications carrier for the addi7 tional reasonable costs of making compliance

8 with such assistance capability requirements

9 reasonably achievable; and

10 (B) if the Attorney General does not agree

11 to pay such costs, the telecommunications car12 rier shall be deemed to be in compliance with

13 such capability requirements.

14 (c) ALLOCATION OF FUNDS FOR PAYMENT.—The At15 torney General shall allocate funds appropriated to carry

16 out this title in accordance with law enforcement priorities

17 determined by the Attorney General.

18 (d) FAILURE TO MAKE PAYMENT WITH RESPECT

19 TO EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED

20 ON OR BEFORE JANUARY 1, 1995.—If a carrier has re21 quested payment in accordance with procedures promul22 gated pursuant to subsection (e), and the Attorney Gen23 eral has not agreed to pay the telecommunications carrier

24 for all reasonable costs directly associated with modifica25 tions necessary to bring any equipment, facility, or service
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1 deployed on or before January 1, 1995, into compliance

2 with the assistance capability requirements of section 103,

3 such equipment, facility, or service shall be considered to

4 be in compliance with the assistance capability require5 ments of section 103 until the equipment, facility, or serv6 ice is replaced or significantly upgraded or otherwise un7 dergoes major modification.

8 (e) COST CONTROL REGULATIONS.—

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

10 after notice and comment, establish regulations nec11 essary to effectuate timely and cost-efficient pay12 ment to telecommunications carriers under this title,

13 under chapters 119 and 121 of title 18, United

14 States Code, and under the Foreign Intelligence

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

16 (2) CONTENTS OF REGULATIONS.—The Attor17 ney General, after consultation with the Commission,

18 shall prescribe regulations for purposes of determin19 ing reasonable costs under this title. Such regula20 tions shall seek to minimize the cost to the Federal

21 Government and shall—

22 (A) permit recovery from the Federal Gov23 ernment of—

24 (i) the direct costs of developing the

25 modifications described in subsection (a),
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1 of providing the capabilities requested

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

3 the capacities requested under section

4 104(e), but only to the extent that such

5 costs have not been recovered from any

6 other governmental or nongovernmental

7 entity;

8 (ii) the costs of training personnel in

9 the use of such capabilities or capacities;

10 and

11 (iii) the direct costs of deploying or

12 installing such capabilities or capacities;

13 (B) in the case of any modification that

14 may be used for any purpose other than law15 fully authorized electronic surveillance by a law

16 enforcement agency of a government, permit re17 covery of only the incremental cost of making

18 the modification suitable for such law enforce19 ment purposes; and

20 (C) maintain the confidentiality of trade

21 secrets.

22 (3) SUBMISSION OF CLAIMS.—Such regulations

23 shall require any telecommunications carrier that the

24 Attorney General has agreed to pay for modifica25 tions pursuant to this section and that has installed
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1 or deployed such modification to submit to the At2 torney General a claim for payment that contains or

3 is accompanied by such information as the Attorney

4 General may require.

5 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to carry out

7 this title a total of $500,000,000 for fiscal years 1995,

8 1996, 1997, and 1998. Such sums are authorized to re9 main available until expended.

10 SEC. 111. EFFECTIVE DATE.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), this title shall take effect on the date of enactment

13 of this Act.

14 (b) ASSISTANCE CAPABILITY AND SYSTEMS SECU15 RITY AND INTEGRITY REQUIREMENTS.—Sections 103 and

16 105 of this title shall take effect on the date that is 4

17 years after the date of enactment of this Act.

18 SEC. 112. REPORTS.

19 (a) REPORTS BY THE ATTORNEY GENERAL.—

20 (1) IN GENERAL.—On or before November 30,

21 1995, and on or before November 30 of each year

22 thereafter, the Attorney General shall submit to

23 Congress and make available to the public a report

24 on the amounts paid during the preceding fiscal year
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1 to telecommunications carriers under sections 104(e)

2 and 109.

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

4 shall include—

5 (A) a detailed accounting of the amounts

6 paid to each carrier and the equipment, facility,

7 or service for which the amounts were paid; and

8 (B) projections of the amounts expected to

9 be paid in the current fiscal year, the carriers

10 to which payment is expected to be made, and

11 the equipment, facilities, or services for which

12 payment is expected to be made.

13 (b) REPORTS BY THE COMPTROLLER GENERAL.—

14 (1) PAYMENTS FOR MODIFICATIONS.—On or

15 before April 1, 1996, and every 2 years thereafter,

16 the Comptroller General of the United States, after

17 consultation with the Attorney General and the tele18 communications industry, shall submit to the Con19 gress a report—

20 (A) describing the type of equipment, fa21 cilities, and services that have been brought

22 into compliance under this title; and

23 (B) reflecting its analysis of the reason24 ableness and cost-effectiveness of the payments

25 made by the Attorney General to telecommuni-
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1 cations carriers for modifications necessary to

2 ensure compliance with this title.

3 (2) COMPLIANCE COST ESTIMATES.—A report

4 under paragraph (1) shall include the findings and

5 conclusions of the Comptroller General on the costs

6 to be incurred by telecommunications carriers to

7 comply with the assistance capability requirements

8 of section 103 after the effective date of such section

9 103, including projections of the amounts expected

10 to be incurred and a description of the equipment,

11 facilities, or services for which they are expected to

12 be incurred.

13 TITLE II—AMENDMENTS TO

14 TITLE 18, UNITED STATES CODE

15 SEC. 201. COURT ENFORCEMENT OF COMMUNICATIONS AS16 SISTANCE FOR LAW ENFORCEMENT ACT.

17 (a) COURT ORDERS UNDER CHAPTER 119.—Chapter

18 119 of title 18, United States Code, is amended by insert19 ing after section 2521 the following new section:

20 ‘‘§ 2522. Enforcement of the Communications Assist21 ance for Law Enforcement Act

22 ‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL23 LANCE ORDER.—If a court authorizing an interception

24 under this chapter, a State statute, or the Foreign Intel25 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
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1 or authorizing use of a pen register or a trap and trace

2 device under chapter 206 or a State statute finds that a

3 telecommunications carrier has failed to comply with the

4 requirements of the Communications Assistance for Law

5 Enforcement Act, the court may, in accordance with sec6 tion 108 of such Act, direct that the carrier comply forth7 with and may direct that a provider of support services

8 to the carrier or the manufacturer of the carrier’s trans9 mission or switching equipment furnish forthwith modi10 fications necessary for the carrier to comply.

11 ‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR12 NEY GENERAL.—The Attorney General may, in a civil ac13 tion in the appropriate United States district court, obtain

14 an order, in accordance with section 108 of the Commu15 nications Assistance for Law Enforcement Act, directing

16 that a telecommunications carrier, a manufacturer of tele17 communications transmission or switching equipment, or

18 a provider of telecommunications support services comply

19 with such Act.

20 ‘‘(c) CIVIL PENALTY.—

21 ‘‘(1) IN GENERAL.—A court issuing an order

22 under this section against a telecommunications car23 rier, a manufacturer of telecommunications trans24 mission or switching equipment, or a provider of

25 telecommunications support services may impose a
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1 civil penalty of up to $10,000 per day for each day

2 in violation after the issuance of the order or after

3 such future date as the court may specify.

4 ‘‘(2) CONSIDERATIONS.—In determining wheth5 er to impose a civil penalty and in determining its

6 amount, the court shall take into account—

7 ‘‘(A) the nature, circumstances, and extent

8 of the violation;

9 ‘‘(B) the violator’s ability to pay, the viola10 tor’s good faith efforts to comply in a timely

11 manner, any effect on the violator’s ability to

12 continue to do business, the degree of culpabil13 ity, and the length of any delay in undertaking

14 efforts to comply; and

15 ‘‘(C) such other matters as justice may re16 quire.

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

18 terms defined in section 102 of the Communications As19 sistance for Law Enforcement Act have the meanings pro20 vided, respectively, in such section.’’.

21 (b) CONFORMING AMENDMENTS.—

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

23 Code, is amended by adding at the end the following

24 new sentence: ‘‘Pursuant to section 2522 of this

25 chapter, an order may also be issued to enforce the
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1 assistance capability and capacity requirements

2 under the Communications Assistance for Law En3 forcement Act.’’.

4 (2) Section 3124 of such title is amended by

5 adding at the end the following new subsection:

6 ‘‘(f) COMMUNICATIONS ASSISTANCE ENFORCEMENT

7 ORDERS.—Pursuant to section 2522, an order may be is8 sued to enforce the assistance capability and capacity re9 quirements under the Communications Assistance for Law

10 Enforcement Act.’’.

11 (3) The table of sections at the beginning of

12 chapter 119 of title 18, United States Code, is

13 amended by inserting after the item pertaining to

14 section 2521 the following new item:

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

Act.’’.

15 SEC. 202. CORDLESS TELEPHONES.

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

17 States Code, is amended—

18 (1) in paragraph (1), by striking ‘‘, but such

19 term does not include’’ and all that follows through

20 ‘‘base unit’’; and

21 (2) in paragraph (12), by striking subpara22 graph (A) and redesignating subparagraphs (B),

23 (C), and (D) as subparagraphs (A), (B), and (C),

24 respectively.
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1 (b) PENALTY.—Section 2511 of title 18, United

2 States Code, is amended—

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

4 cordless telephone communication that is transmit5 ted between the cordless telephone handset and the

6 base unit,’’ after ‘‘cellular telephone communica7 tion,’’; and

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

9 cordless telephone communication that is transmit10 ted between the cordless telephone handset and the

11 base unit,’’ after ‘‘cellular telephone communica12 tion,’’.

13 SEC. 203. RADIO-BASED DATA COMMUNICATIONS.

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

15 amended—

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

17 (D);

18 (2) by inserting ‘‘or’’ at the end of subpara19 graph (E); and

20 (3) by inserting after subparagraph (E) the fol21 lowing new subparagraph:

22 ‘‘(F) an electronic communication;’’
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1 SEC. 204. PENALTIES FOR MONITORING RADIO COMMU2 NICATIONS THAT ARE TRANSMITTED USING

3 MODULATION TECHNIQUES WITH

4 NONPUBLIC PARAMETERS.

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

6 is amended by striking ‘‘or encrypted, then’’ and inserting

7 ‘‘, encrypted, or transmitted using modulation techniques

8 the essential parameters of which have been withheld from

9 the public with the intention of preserving the privacy of

10 such communication, then’’.

11 SEC. 205. TECHNICAL CORRECTION.

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

13 is amended by striking ‘‘used in the transmission of a wire

14 communication’’ and inserting ‘‘used in the transmission

15 of a wire or electronic communication’’.

16 SEC. 206. FRAUDULENT ALTERATION OF COMMERCIAL MO17 BILE RADIO INSTRUMENTS.

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

19 States Code, is amended—

20 (1) by striking ‘‘or’’ at the end of paragraph

21 (3); and

22 (2) by inserting after paragraph (4) the follow23 ing new paragraphs:

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

25 produces, traffics in, has control or custody of, or

26 possesses a telecommunications instrument that has
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1 been modified or altered to obtain unauthorized use

2 of telecommunications services; or

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

4 produces, traffics in, has control or custody of, or

5 possesses—

6 ‘‘(A) a scanning receiver; or

7 ‘‘(B) hardware or software used for alter8 ing or modifying telecommunications instru9 ments to obtain unauthorized access to tele10 communications services,’’.

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

12 States Code, is amended by striking ‘‘(a)(1) or (a)(4)’’ and

13 inserting ‘‘(a) (1), (4), (5), or (6)’’.

14 (c) DEFINITIONS.—Section 1029(e) of title 18, Unit15 ed States Code, is amended—

16 (1) in paragraph (1) by inserting ‘‘electronic se17 rial number, mobile identification number, personal

18 identification number, or other telecommunications

19 service, equipment, or instrument identifier,’’ after

20 ‘‘account number,’’;

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

22 (5);

23 (3) by striking the period at the end of para24 graph (6) and inserting ‘‘; and’’; and
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1 (4) by adding at the end the following new

2 paragraph:

3 ‘‘(7) the term ‘scanning receiver’ means a de4 vice or apparatus that can be used to intercept a

5 wire or electronic communication in violation of

6 chapter 119.’’.

7 SEC. 207. TRANSACTIONAL DATA.

8 (a) DISCLOSURE OF RECORDS.—Section 2703 of title

9 18, United States Code, is amended—

10 (1) in subsection (c)(1)—

11 (A) in subparagraph (B)—

12 (i) by striking clause (i); and

13 (ii) by redesignating clauses (ii), (iii),

14 and (iv) as clauses (i), (ii), and (iii), re15 spectively; and

16 (B) by adding at the end the following new

17 subparagraph:

18 ‘‘(C) A provider of electronic communication service

19 or remote computing service shall disclose to a govern20 mental entity the name, address, telephone toll billing

21 records, telephone number or other subscriber number or

22 identity, and length of service of a subscriber to or cus23 tomer of such service and the types of services the sub24 scriber or customer utilized, when the governmental entity

25 uses an administrative subpoena authorized by a Federal
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1 or State statute or a Federal or State grand jury or trial

2 subpoena or any means available under subparagraph

3 (B).’’; and

4 (2) by amending the first sentence of subsection

5 (d) to read as follows: ‘‘A court order for disclosure

6 under subsection (b) or (c) may be issued by any

7 court that is a court of competent jurisdiction de8 scribed in section 3126(2)(A) and shall issue only if

9 the governmental entity offers specific and

10 articulable facts showing that there are reasonable

11 grounds to believe that the contents of a wire or

12 electronic communication, or the records or other in13 formation sought, are relevant and material to an

14 ongoing criminal investigation.’’.

15 (b) PEN REGISTERS AND TRAP AND TRACE DE16 VICES.—Section 3121 of title 18, United States Code, is

17 amended—

18 (1) by redesignating subsection (c) as sub19 section (d); and

20 (2) by inserting after subsection (b) the follow21 ing new subsection:

22 ‘‘(c) LIMITATION.—A government agency authorized

23 to install and use a pen register under this chapter or

24 under State law shall use technology reasonably available

25 to it that restricts the recording or decoding of electronic
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1 or other impulses to the dialing and signaling information

2 utilized in call processing.’’.

3 SEC. 208. AUTHORIZATION FOR ACTING DEPUTY ATTOR4 NEYS GENERAL IN THE CRIMINAL DIVISION

5 TO APPROVE CERTAIN COURT APPLICA6 TIONS.

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

8 amended by inserting ‘‘or acting Deputy Assistant Attor9 ney General’’ after ‘‘Deputy Assistant Attorney General’’.

10 TITLE III—AMENDMENTS TO

11 THE COMMUNICATIONS ACT

12 OF 1934

13 SEC. 301. COMPLIANCE COST RECOVERY.

14 Title II of the Communications Act of 1934 is

15 amended by inserting after section 228 (47 U.S.C. 228)

16 the following new section:

17 ‘‘SEC. 229. COMMUNICATIONS ASSISTANCE FOR LAW EN18 FORCEMENT ACT COMPLIANCE.

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

20 such rules as are necessary to implement the requirements

21 of the Communications Assistance for Law Enforcement

22 Act.

23 ‘‘(b) SYSTEMS SECURITY AND INTEGRITY.—The

24 rules prescribed pursuant to subsection (a) shall include

25 rules to implement section 105 of the Communications As-
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1 sistance for Law Enforcement Act that require common

2 carriers—

3 ‘‘(1) to establish appropriate policies and proce4 dures for the supervision and control of its officers

5 and employees—

6 ‘‘(A) to require appropriate authorization

7 to activate interception of communications or

8 access to call-identifying information; and

9 ‘‘(B) to prevent any such interception or

10 access without such authorization;

11 ‘‘(2) to maintain secure and accurate records of

12 any interception or access with or without such au13 thorization; and

14 ‘‘(3) to submit to the Commission the policies

15 and procedures adopted to comply with the require16 ments established under paragraphs (1) and (2).

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

18 Commission shall review the policies and procedures sub19 mitted under subsection (b)(3) and shall order a common

20 carrier to modify any such policy or procedure that the

21 Commission determines does not comply with Commission

22 regulations. The Commission shall conduct such investiga23 tions as may be necessary to insure compliance by common

24 carriers with the requirements of the regulations pre25 scribed under this section.
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1 ‘‘(d) PENALTIES.—For purposes of this Act, a viola2 tion by an officer or employee of any policy or procedure

3 adopted by a common carrier pursuant to subsection (b),

4 or of a rule prescribed by the Commission pursuant to

5 subsection (a), shall be considered to be a violation by the

6 carrier of a rule prescribed by the Commission pursuant

7 to this Act.

8 ‘‘(e) COST RECOVERY FOR COMMUNICATIONS AS9 SISTANCE FOR LAW ENFORCEMENT ACT COMPLIANCE.—

10 ‘‘(1) PETITIONS AUTHORIZED.—A common car11 rier may petition the Commission to adjust charges,

12 practices, classifications, and regulations to recover

13 costs expended for making modifications to equip14 ment, facilities, or services pursuant to the require15 ments of section 103 of the Communications Assist16 ance for Law Enforcement Act.

17 ‘‘(2) COMMISSION AUTHORITY.—The Commis18 sion may grant, with or without modification, a peti19 tion under paragraph (1) if the Commission deter20 mines that such costs are reasonable and that per21 mitting recovery is consistent with the public inter22 est. The Commission may, consistent with maintain23 ing just and reasonable charges, practices, classifica24 tions, and regulations in connection with the provi25 sion of interstate or foreign communication by wire
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1 or radio by a common carrier, allow carriers to ad2 just such charges, practices, classifications, and reg3 ulations in order to carry out the purposes of this

4 Act.

5 ‘‘(3) JOINT BOARD.—The Commission shall

6 convene a Federal-State joint board to recommend

7 appropriate changes to part 36 of the Commission’s

8 rules with respect to recovery of costs pursuant to

9 charges, practices, classifications, and regulations

10 under the jurisdiction of the Commission.’’.

11 SEC. 302. RECOVERY OF COST OF COMMISSION PROCEED12 INGS.

13 The schedule of application fees in section 8(g) of the

14 Communications Act of 1934 (47 U.S.C. 158(g)) is

15 amended by inserting under item 1 of the matter pertain16 ing to common carrier services the following additional

17 subitem:

‘‘d. Proceeding under section 109(b) of the Communications

Assistance for Law Enforcement Act ...................................... 5,000’’.

18 SEC. 303. CLERICAL AND TECHNICAL AMENDMENTS.

19 (a) AMENDMENTS TO THE COMMUNICATIONS ACT OF

20 1934.—The Communications Act of 1934 is amended—

21 (1) in section 4(f)(3), by striking ‘‘overtime ex22 ceeds beyond’’ and inserting ‘‘overtime extends be23 yond’’;
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1 (2) in section 5, by redesignating subsection (f)

2 as subsection (e);

3 (3) in section 8(d)(2), by striking ‘‘payment of

4 a’’ and inserting ‘‘payment of an’’;

5 (4) in the schedule contained in section 8(g), in

6 item 7.f. under the heading ‘‘EQUIPMENT APPROVAL

7 SERVICES/EXPERIMENTAL RADIO’’ by striking ‘‘Addi8 tional Charge’’ and inserting ‘‘Additional Application

9 Fee’’;

10 (5) in section 9(f)(1), by inserting before the

11 second sentence the following:

12 ‘‘(2) INSTALLMENT PAYMENTS.—’’;

13 (6) in the schedule contained in section 9(g), in

14 the item pertaining to interactive video data services

15 under the private radio bureau, insert ‘‘95’’ after

16 ‘‘47 C.F.R. Part’’;

17 (7) in section 220(a)—

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

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(2) The Commission shall, by rule, prescribe a uni22 form system of accounts for use by telephone companies.

23 Such uniform system shall require that each common car24 rier shall maintain a system of accounting methods, proce25 dures, and techniques (including accounts and supporting
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1 records and memoranda) which shall ensure a proper allo2 cation of all costs to and among telecommunications serv3 ices, facilities, and products (and to and among classes

4 of such services, facilities, and products) which are devel5 oped, manufactured, or offered by such common carrier.’’;

6 (8) in section 220(b), by striking ‘‘clasess’’ and

7 inserting ‘‘classes’’;

8 (9) in section 223(b)(3), by striking ‘‘defendant

9 restrict access’’ and inserting ‘‘defendant restricted

10 access’’;

11 (10) in section 226(d), by striking paragraph

12 (2) and redesignating paragraphs (3) and (4) as

13 paragraphs (2) and (3), respectively;

14 (11) in section 227(b)(2)(C), by striking ‘‘para15 graphs’’ and inserting ‘‘paragraph’’;

16 (12) in section 227(e)(2), by striking ‘‘national

17 datebase’’ and inserting ‘‘national database’’;

18 (13) in section 228(c), by redesignating the sec19 ond paragraph (2) and paragraphs (3) through (6)

20 as paragraphs (3) through (7), respectively;

21 (14) in section 228(c)(6)(D), by striking ‘‘con22 servation’’ and inserting ‘‘conversation’’;

23 (15) in section 308(c), by striking ‘‘May 24,

24 1921’’ and inserting ‘‘May 27, 1921’’;
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1 (16) in section 309(c)(2)(F), by striking ‘‘sec2 tion 325(b)’’ and inserting ‘‘section 325(c)’’;

3 (17) in section 309(i)(4)(A), by striking ‘‘Com4 munications Technical Amendments Act of 1982’’

5 and inserting ‘‘Communications Amendments Act of

6 1982’’;

7 (18) in section 331, by amending the heading

8 of such section to read as follows:

9 ‘‘VERY HIGH FREQUENCY STATIONS AND AM RADIO

10 STATIONS’’;

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

12 (20) in part III of title III—

13 (A) by inserting before section 381 the fol14 lowing heading:

15 ‘‘VESSELS TRANSPORTING MORE THAN SIX PASSENGERS

16 FOR HIRE REQUIRED TO BE EQUIPPED WITH RADIO

17 TELEPHONE’’;

18 (B) by inserting before section 382 the fol19 lowing heading:

20 ‘‘VESSELS EXCEPTED FROM RADIO TELEPHONE

21 REQUIREMENT’’;

22 (C) by inserting before section 383 the fol23 lowing heading:

24 ‘‘EXEMPTIONS BY COMMISSION’’;

25 (D) by inserting before section 384 the fol26 lowing heading:
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1 ‘‘AUTHORITY OF COMMISSION; OPERATIONS,

2 INSTALLATIONS, AND ADDITIONAL EQUIPMENT’’;

3 (E) by inserting before section 385 the fol4 lowing heading:

5 ‘‘INSPECTIONS’’; and

6 (F) by inserting before section 386 the fol7 lowing heading:

8 ‘‘FORFEITURES’’;

9 (21) in section 410(c), by striking ‘‘, as referred

10 to in sections 202(b) and 205(f) of the Interstate

11 Commerce Act,’’;

12 (22) in section 613(b)(2), by inserting a comma

13 after ‘‘pole’’ and after ‘‘line’’;

14 (23) in section 624(d)(2)(A), by inserting ‘‘of’’

15 after ‘‘viewing’’;

16 (24) in section 634(h)(1), by striking ‘‘section

17 602(6)(A)’’ and inserting ‘‘section 602(7)(A)’’;

18 (25) in section 705(d)(6), by striking ‘‘sub19 section (d)’’ and inserting ‘‘subsection (e)’’;

20 (26) in section 705(e)(3)(A), by striking ‘‘para21 graph (4) of subsection (d)’’ and inserting ‘‘para22 graph (4) of this subsection’’;

23 (27) in section 705, by redesignating sub24 sections (f) and (g) (as added by Public Law 100–

25 667) as subsections (g) and (h); and
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1 (28) in section 705(h) (as so redesignated), by

2 striking ‘‘subsection (f)’’ and inserting ‘‘subsection

3 (g)’’.

4 (b) AMENDMENTS TO THE COMMUNICATIONS SAT5 ELLITE ACT OF 1962.—The Communications Satellite Act

6 of 1962 is amended—

7 (1) in section 303(a)—

8 (A) by striking ‘‘section 27(d)’’ and insert9 ing ‘‘section 327(d)’’;

10 (B) by striking ‘‘sec. 29-911(d)’’ and in11 serting ‘‘sec. 29-327(d)’’;

12 (C) by striking ‘‘section 36’’ and inserting

13 ‘‘section 336’’; and

14 (D) by striking ‘‘sec. 29-916d’’ and insert15 ing ‘‘section 29-336(d)’’;

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

17 (1), (2), (3), (4), and (5) of section 310(a)’’ and in18 serting ‘‘subsection (a) and paragraphs (1) through

19 (4) of subsection (b) of section 310’’; and

20 (3) in section 304(e)—

21 (A) by striking ‘‘section 45(b)’’ and insert22 ing ‘‘section 345(b)’’; and

23 (B) by striking ‘‘sec. 29-920(b)’’ and in24 serting ‘‘sec. 29-345(b)’’; and
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1 (4) in sections 502(b) and 503(a)(1), by strik2 ing ‘‘the Communications Satellite Corporation’’ and

3 inserting ‘‘the communications satellite corporation

4 established pursuant to title III of this Act’’.

5 (c) AMENDMENT TO THE CHILDREN’S TELEVISION

6 ACT OF 1990.—Section 103(a) of the Children’s Tele7 vision Act of 1990 (47 U.S.C. 303b(a)) is amended by

8 striking ‘‘noncommerical’’ and inserting ‘‘noncommercial’’.

9 (d) AMENDMENTS TO THE TELECOMMUNICATIONS

10 AUTHORIZATION ACT OF 1992.—Section 205(1) of the

11 Telecommunications Authorization Act of 1992 is amend12 ed—

13 (1) by inserting an open parenthesis before

14 ‘‘other than’’; and

15 (2) by inserting a comma after ‘‘stations)’’.

16 (e) CONFORMING AMENDMENT.—Section 1253 of the

17 Omnibus Budget Reconciliation Act of 1981 is repealed.

18 (f) STYLISTIC CONSISTENCY.—The Communications

19 Act of 1934 and the Communications Satellite Act of 1962

20 are amended so that the section designation and section

21 heading of each section of such Acts shall be in the form

22 and typeface of the section designation and heading of this

23 section.
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1 SEC. 304. ELIMINATION OF EXPIRED AND OUTDATED PRO2 VISIONS.

3 (a) AMENDMENTS TO THE COMMUNICATIONS ACT OF

4 1934.—The Communications Act of 1934 is amended—

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

6 months after the date of the enactment of this sec7 tion, if later’’ both places it appears;

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

9 from the enactment of this Act it shall’’ and insert10 ing ‘‘It shall’’;

11 (3) in section 213, by striking subsection (g)

12 and redesignating subsection (h) as subsection (g);

13 (4) in section 214, by striking ‘‘section 221 or

14 222’’ and inserting ‘‘section 221’’;

15 (5) in section 220(b), by striking ‘‘, as soon as

16 practicable,’’;

17 (6) by striking section 222;

18 (7) in section 224(b)(2), by striking ‘‘Within

19 180 days from the date of enactment of this section

20 the Commission’’ and inserting ‘‘The Commission’’;

21 (8) in 226(e), by striking ‘‘within 9 months

22 after the date of enactment of this section,’’;

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

24 commission, not later than 180 days after the date

25 of the enactment of the Communications Technical
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1 Amendments Act of 1982, shall,’’ and inserting

2 ‘‘The Commission shall,’’;

3 (10) by striking section 328;

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

5 days after the taking effect of this Act,’’;

6 (12) in section 624(d)(2)(B)—

7 (A) by striking out ‘‘(A)’’;

8 (B) by inserting ‘‘of’’ after ‘‘restrict the

9 viewing’’; and

10 (C) by striking subparagraph (B);

11 (13) by striking sections 702 and 703;

12 (14) in section 704—

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

14 and

15 (B) by redesignating subsection (c) as sub16 section (b);

17 (15) in section 705(g) (as redesignated by sec18 tion 304(25)), by striking ‘‘within 6 months after

19 the date of enactment of the Satellite Home Viewer

20 Act of 1988, the Federal Communications Commis21 sion’’ and inserting ‘‘The Commission’’;

22 (16) in section 710(f)—

23 (A) by striking the first and second sen24 tences; and
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1 (B) in the third sentence, by striking

2 ‘‘Thereafter, the Commission’’ and inserting

3 ‘‘The Commission’’;

4 (17) in section 712(a), by striking ‘‘, within

5 120 days after the effective date of the Satellite

6 Home Viewer Act of 1988,’’; and

7 (18) by striking section 713.

8 (b) AMENDMENTS TO THE COMMUNICATIONS SAT9 ELLITE ACT OF 1962.—The Communications Satellite Act

10 of 1962 is amended—

11 (1) in section 201(a)(1), by striking ‘‘as expedi12 tiously as possible,’’;

13 (2) by striking sections 301 and 302 and insert14 ing the following:

15 ‘‘SEC. 301. CREATION OF CORPORATION.

16 ‘‘There is authorized to be created a communications

17 satellite corporation for profit which will not be an agency

18 or establishment of the United States Government.

19 ‘‘SEC. 302. APPLICABLE LAWS.

20 ‘‘The corporation shall be subject to the provisions

21 of this Act and, to the extent consistent with this Act,

22 to the District of Columbia Business Corporation Act. The

23 right to repeal, alter, or amend this Act at any time is

24 expressly reserved.’’;
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1 (3) in section 304(a), by striking ‘‘at a price

2 not in excess of $100 for each share and’’;

3 (4) in section 404—

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

5 and

6 (B) by redesignating subsection (b) as sec7 tion 404;

8 (5) in section 503—

9 (A) by striking paragraph (2) of subsection

10 (a); and

11 (B) by redesignating paragraph (3) of sub12 section (a) as paragraph (2) of such subsection;

13 (C) by striking subsection (b);

14 (D) in subsection (g)—

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

16 inserting ‘‘subsection (b)(3)’’; and

17 (ii) by striking the last sentence; and

18 (E) by redesignating subsections (c)

19 through (h) as subsections (b) through (g), re20 spectively;

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

22 (6) by redesignating section 508 as section 505.

Passed the House of Representatives October 5,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.
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