`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4922 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4922

_______________________________________________________________________

                                 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--
                            (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--
                    (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 
        interconnection 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.
    (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 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 Requirements.--
            (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
                    (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 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 standard-
        setting 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 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, manufacturer'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.
                    (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 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 Integrity 
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 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 paragraph 
        (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:
``Sec. 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.--
            ``(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 telephone 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:
            ``(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:

``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 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 
Communications 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            5,000''.
            Communications Assistance for Law Enforcement 
            Act.

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 
        subsection (e);
            (3) in section 8(d)(2), by striking ``payment of a'' and 
        inserting ``payment of an'';
            (4) in the schedule contained in section 8(g), in item 7.f. 
        under the heading ``equipment approval services/experimental 
        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'';
            (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
            (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,'';
            (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
                    (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.

            Passed the House of Representatives October 5, 1994.

            Attest:






                                                                 Clerk.






103d CONGRESS

  2d Session

                               H. R. 4922

_______________________________________________________________________

                                 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.`