103D CONGRESS

2D SESSION S. 2375

AN ACT

To amend title 18, United States Code, to make

poses.law enforcement purposes, and for other puroperate in the interception of communications forclear a telecommunications carrier’s duty to co-
103D CONGRESS

2D SESSION S. 2375

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,
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1 SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COM2 MUNICATIONS.

3 (a) IN GENERAL.—Part I of title 18, United States

4 Code, is amended by inserting after chapter 119 the fol5 lowing new chapter:

6 ‘‘CHAPTER 120—TELECOMMUNICATIONS

7 CARRIER ASSISTANCE TO THE GOV8 ERNMENT

‘‘Sec.

‘‘2601. Definitions.

‘‘2602. Assistance capability requirements.

‘‘2603. Notices of capacity requirements.

‘‘2604. Systems security and integrity.

‘‘2605. Cooperation of equipment manufacturers and providers of telecommunications support services.

‘‘2606. Technical requirements and standards; extension of compliance date.

‘‘2607. Enforcement orders.

‘‘2608. Payment of costs of telecommunications carriers.

9 ‘‘§ 2601. Definitions

10 ‘‘(a) DEFINITIONS.—In this chapter—

11 ‘‘the terms defined in section 2510 have, re12 spectively, the meanings stated in that section.

13 ‘‘ ‘call-identifying information’—

14 ‘‘(A) means all dialing or signalling infor15 mation that identifies the origin, direction, des16 tination, or termination of each communication

17 generated or received by the subscriber equip18 ment, facility, or service of a telecommuni19 cations carrier that is the subject of a court

20 order or lawful authorization; but
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1 ‘‘(B) does not include any information that

2 may disclose the physical location of the sub3 scriber (except to the extent that the location

4 may be determined from the telephone number).

5 ‘‘ ‘Commission’ means the Federal Communica6 tions Commission.

7 ‘‘ ‘government’ means the government of the

8 United States and any agency or instrumentality

9 thereof, the District of Columbia, any common10 wealth, territory, or possession of the United States,

11 and any State or political subdivision thereof author12 ized by law to conduct electronic surveillance.

13 ‘‘ ‘information services’—

14 ‘‘(A) means the offering of a capability for

15 generating, acquiring, storing, transforming,

16 processing, retrieving, utilizing, or making

17 available information via telecommunications;

18 and

19 ‘‘(B) includes electronic publishing and

20 electronic messaging services; but

21 ‘‘(C) does not include any capability for a

22 telecommunications carrier’s internal manage23 ment, control, or operation of its telecommuni24 cations network.
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1 ‘‘telecommunications support services’’ means a

2 product, software, or service used by a telecommuni3 cations carrier for the internal signaling or switching

4 functions of its telecommunications network.

5 ‘‘ ‘telecommunications carrier’—

6 ‘‘(A) means a person or entity engaged in

7 the transmission or switching of wire or elec8 tronic communications as a common carrier for

9 hire (within the meaning of section 3(h) of the

10 Communications Act of 1934 (47 U.S.C.

11 153(h)));

12 ‘‘(B) includes—

13 ‘‘(i) a person or entity engaged in pro14 viding commercial mobile service (as de15 fined in section 332(d) of the Communica16 tions Act of 1934 (47 U.S.C. 332(d))); or

17 ‘‘(ii) a person or entity engaged in

18 providing wire or electronic communication

19 switching or transmission service to the ex20 tent that the Commission finds that such

21 service is a replacement for a substantial

22 portion of the local telephone exchange

23 service and that it is in the public interest

24 to deem such a person or entity to be a
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1 telecommunications carrier for purposes of

2 this chapter; but

3 ‘‘(C) does not include persons or entities

4 insofar as they are engaged in providing infor5 mation services.

6 ‘‘§ 2602. Assistance capability requirements

7 ‘‘(a) CAPABILITY REQUIREMENTS.—Except as pro8 vided in subsections (b), (c), and (d) of this section, and

9 subject to section 2607(c), a telecommunications carrier

10 shall ensure that its services or facilities that provide a

11 customer or subscriber with the ability to originate, termi12 nate, or direct communications are capable of—

13 ‘‘(1) expeditiously isolating and enabling the

14 government to intercept, to the exclusion of any

15 other communications, all wire and electronic com16 munications carried by the carrier within a service

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

18 a subscriber of such carrier concurrently with their

19 transmission to or from the subscriber’s service, fa20 cility, or equipment or at such later time as may be

21 acceptable to the government;

22 ‘‘(2) expeditiously isolating and enabling the

23 government to access call-identifying information

24 that is reasonably available to the carrier—
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1 ‘‘(A) before, during, or immediately after

2 the transmission of a wire or electronic commu3 nication (or at such later time as may be ac4 ceptable to the government); and

5 ‘‘(B) in a manner that allows it to be asso6 ciated with the communication to which it per7 tains,

8 except that, with regard to information acquired

9 solely pursuant to the authority for pen registers

10 and trap and trace devices (as defined in section

11 3127), such call-identifying information shall not in12 clude any information that may disclose the physical

13 location of the subscriber (except to the extent that

14 the location may be determined from the telephone

15 number);

16 ‘‘(3) delivering intercepted communications and

17 call-identifying information to the government in a

18 format such that they may be transmitted by means

19 of facilities or services procured by the government

20 to a location other than the premises of the carrier;

21 and

22 ‘‘(4) facilitating authorized communications

23 interceptions and access to call-identifying informa24 tion unobtrusively and with a minimum of inter-
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1 ference with any subscriber’s telecommunications

2 service and in a manner that protects—

3 ‘‘(A) the privacy and security of commu4 nications and call-identifying information not

5 authorized to be intercepted; and

6 ‘‘(B) information regarding the govern7 ment’s interception of communications and ac8 cess to call-identifying information.

9 ‘‘(b) LIMITATIONS.—

10 ‘‘(1) DESIGN OF FEATURES AND SYSTEMS CON11 FIGURATIONS.—This chapter does not authorize any

12 law enforcement agency or officer—

13 ‘‘(A) to require any specific design of fea14 tures or system configurations to be adopted by

15 providers of wire or electronic communication

16 service, manufacturers of telecommunications

17 equipment, or providers of telecommunications

18 support services; or

19 ‘‘(B) to prohibit the adoption of any fea20 ture or service by providers of wire or electronic

21 communication service, manufacturers of tele22 communications equipment, or providers 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) services or facilities that support the

5 transport or switching of communications for

6 private networks or for the sole purpose of

7 interconnecting telecommunications carriers.

8 ‘‘(3) ENCRYPTION.—A telecommunications car9 rier shall not be responsible for decrypting, or ensur10 ing the government’s ability to decrypt, any commu11 nication encrypted by a subscriber or customer, un12 less the encryption was provided by the carrier and

13 the carrier possesses the information necessary to

14 decrypt the communication.

15 ‘‘(c) EMERGENCY OR EXIGENT CIRCUMSTANCES.—In

16 emergency or exigent circumstances (including those de17 scribed in sections 2518 (7) or (11)(b) and 3125 of this

18 title and section 1805(e) of title 50), a carrier at its discre19 tion may fulfill its responsibilities under subsection (a)(3)

20 by allowing monitoring at its premises if that is the only

21 means of accomplishing the interception or access.

22 ‘‘(d) MOBILE SERVICE ASSISTANCE REQUIRE23 MENTS.—A telecommunications carrier offering a feature

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

25 assign their wire or electronic communications to another
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1 service area or another service provider or to utilize facili2 ties in another service area or of another service provider

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

4 assistance for the interception of wire or electronic com5 munications or access to call-identifying information pur6 suant to a court order or lawful authorization no longer

7 has access to the content of such communications or call8 identifying information within the service area in which

9 interception has been occurring as a result of the subscrib10 er’s use of such a feature or service, information is made

11 available to the government (before, during, or imme12 diately after the transfer of such communications) identi13 fying the provider of wire or electronic communication

14 service that has acquired access to the communications.

15 ‘‘§ 2603. Notices of capacity requirements

16 ‘‘(a) NOTICES OF MAXIMUM AND ACTUAL CAPACITY

17 REQUIREMENTS.—

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

19 the date of enactment of this chapter, after consult20 ing with State and local law enforcement agencies,

21 telecommunications carriers, providers of tele22 communications support services, and manufacturers

23 of telecommunications equipment and after notice

24 and comment, the Attorney General shall publish in

25 the Federal Register and provide to appropriate tele-
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1 communications carrier associations, standard-set2 ting organizations, and for a—

3 ‘‘(A) notice of the maximum capacity re4 quired to accommodate all of the communica5 tion interceptions, pen registers, and trap and

6 trace devices that the Attorney General esti7 mates that government agencies authorized to

8 conduct electronic surveillance may conduct and

9 use simultaneously; and

10 ‘‘(B) notice of the number of communica11 tion interceptions, pen registers, and trap and

12 trace devices, representing a portion of the

13 maximum capacity set forth under subpara14 graph (A), that the Attorney General estimates

15 that government agencies authorized to conduct

16 electronic surveillance may conduct and use si17 multaneously after the date that is 4 years

18 after the date of enactment of this chapter.

19 ‘‘(2) BASIS OF NOTICES.—The notices issued

20 under paragraph (1) may be based upon the type of

21 equipment, type of service, number of subscribers,

22 geographic location, or other measure.

23 ‘‘(b) COMPLIANCE WITH CAPACITY NOTICES.—

24 ‘‘(1) INITIAL CAPACITY.—Within 3 years after

25 the publication by the Attorney General of a notice
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1 of capacity requirements or within 4 years after the

2 date of enactment of this chapter, whichever is

3 longer, a telecommunications carrier shall ensure

4 that its systems are capable of—

5 ‘‘(A) expanding to the maximum capacity

6 set forth in the notice under subsection

7 (a)(1)(A); and

8 ‘‘(B) accommodating simultaneously the

9 number of interceptions, pen registers, and trap

10 and trace devices set forth in the notice under

11 subsection (a)(1)(B).

12 ‘‘(2) EXPANSION TO MAXIMUM CAPACITY.—

13 After the date described in paragraph (1), a tele14 communications carrier shall ensure that it can ac15 commodate expeditiously any increase in the number

16 of communication interceptions, pen registers, and

17 trap and trace devices that authorized agencies may

18 seek to conduct and use, up to the maximum capac19 ity requirement set forth in the notice under sub20 section (a)(1)(A).

21 ‘‘(c) NOTICES OF INCREASED MAXIMUM CAPACITY

22 REQUIREMENTS.—

23 ‘‘(1) The Attorney General shall periodically

24 provide to telecommunications carriers written notice

25 of any necessary increases in the maximum capacity
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1 requirement set forth in the notice under subsection

2 (a)(1)(A).

3 ‘‘(2) Within 3 years after receiving written no4 tice of increased capacity requirements under para5 graph (1), or within such longer time period as the

6 Attorney General may specify, a telecommunications

7 carrier shall ensure that its systems are capable of

8 expanding to the increased maximum capacity set

9 forth in the notice.

10 ‘‘§ 2604. Systems security and integrity

11 ‘‘A telecommunications carrier shall ensure that any

12 court ordered or lawfully authorized interception of com13 munications or access to call-identifying information ef14 fected within its switching premises can be activated only

15 with the affirmative intervention of an individual officer

16 or employee of the carrier.

17 ‘‘§ 2605. Cooperation of equipment manufacturers

18 and providers of telecommunications

19 support services

20 ‘‘(a) CONSULTATION.—A telecommunications carrier

21 shall consult, as necessary, in a timely fashion with manu22 facturers of its telecommunications transmission and

23 switching equipment and its providers of telecommuni24 cations support services for the purpose of identifying any

25 service or equipment, including hardware and software,
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1 that may require modification so as to permit compliance

2 with this chapter.

3 ‘‘(b) MODIFICATION OF EQUIPMENT AND SERV4 ICES.—Subject to section 2607(c), a manufacturer of tele5 communications transmission or switching equipment and

6 a provider of telecommunications support services shall,

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

8 make available to the telecommunications carriers using

9 its equipment or services such modifications as are nec10 essary to permit such carriers to comply with this chapter.

11 ‘‘§ 2606. Technical requirements and standards; ex12 tension of compliance date

13 ‘‘(a) SAFE HARBOR.—

14 ‘‘(1) CONSULTATION.—To ensure the efficient

15 and industry-wide implementation of the assistance

16 capability requirements under section 2602, the At17 torney General, in coordination with other Federal,

18 State, and local law enforcement agencies, shall con19 sult with appropriate associations and standard-set20 ting organizations of the telecommunications indus21 try and with representatives of users of tele22 communications services and facilities.

23 ‘‘(2) COMPLIANCE UNDER ACCEPTED STAND24 ARDS.—A telecommunications carrier shall be found

25 to be in compliance with the assistance capability re-
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1 quirements under section 2602, and a manufacturer

2 of telecommunications transmission or switching

3 equipment or a provider of telecommunications sup4 port services shall be found to be in compliance with

5 section 2605, if the carrier, manufacturer, or sup6 port service provider is in compliance with publicly

7 available technical requirements or standards adopt8 ed by an industry association or standard-setting or9 ganization or by the Commission under subsection

10 (b) to meet the requirements of section 2602.

11 ‘‘(3) ABSENCE OF STANDARDS.—The absence

12 of technical requirements or standards for imple13 menting the assistance capability requirements of

14 section 2602 shall not—

15 ‘‘(A) preclude a carrier, manufacturer, or

16 services provider from deploying a technology or

17 service; or

18 ‘‘(B) relieve a carrier, manufacturer, or

19 service provider of the obligations imposed by

20 section 2602 or 2605, as applicable.

21 ‘‘(b) FCC AUTHORITY.—

22 ‘‘(1) IN GENERAL.—If industry associations or

23 standard-setting organizations fail to issue technical

24 requirements or standards or if a government agen25 cy or any other person believes that such require-
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1 ments or standards are deficient, the agency or per2 son may petition the Commission to establish, by no3 tice and comment rulemaking or such other proceed4 ings as the Commission may be authorized to con5 duct, technical requirements or standards that—

6 ‘‘(A) meet the assistance capability re7 quirements of section 2602;

8 ‘‘(B) protect the privacy and security of

9 communications not authorized to be inter10 cepted; and

11 ‘‘(C) serve the policy of the United States

12 to encourage the provision of new technologies

13 and services to the public.

14 ‘‘(2) TRANSITION PERIOD.—If an industry tech15 nical requirement or standard is set aside or sup16 planted as a result of Commission action under this

17 section, the Commission, after consultation with the

18 Attorney General, shall establish a reasonable time

19 and conditions for compliance with and the transi20 tion to any new standard, including defining the ob21 ligations of telecommunications carriers under sec22 tion 2602 during any transition period.

23 ‘‘(c) EXTENSION OF COMPLIANCE DATE FOR FEA24 TURES AND SERVICES.—
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1 ‘‘(1) PETITION.—A telecommunications carrier

2 proposing to deploy, or having deployed, a feature or

3 service within 4 years after the date of enactment of

4 this chapter may petition the Commission for 1 or

5 more extensions of the deadline for complying with

6 the assistance capability requirements under section

7 2602.

8 ‘‘(2) GROUND FOR EXTENSION.—The Commis9 sion may, after affording a full opportunity for hear10 ing and after consultation with the Attorney Gen11 eral, grant an extension under this paragraph, if the

12 Commission determines that compliance with the as13 sistance capability requirements under section 2602

14 is not reasonably achievable through application of

15 technology available within the compliance period.

16 ‘‘(3) LENGTH OF EXTENSION.—An extension

17 under this paragraph shall extend for no longer than

18 the earlier of—

19 ‘‘(A) the date determined by the Commis20 sion as necessary for the carrier to comply with

21 the assistance capability requirements under

22 section 2602; or

23 ‘‘(B) the date that is 2 years after the date

24 on which the extension is granted.
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1 ‘‘(4) APPLICABILITY OF EXTENSION.—An ex2 tension under this subsection shall apply to only that

3 part of the carrier’s business on which the new fea4 ture or service is used.

5 ‘‘§ 2607. Enforcement orders

6 ‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL7 LANCE ORDER.—If a court authorizing an interception

8 under chapter 119, a State statute, or the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)

10 or authorizing use of a pen register or a trap and trace

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

12 telecommunications carrier has failed to comply with the

13 requirements in this chapter, the court may direct that

14 the carrier comply forthwith and may direct that a pro15 vider of support services to the carrier or the manufac16 turer of the carrier’s transmission or switching equipment

17 furnish forthwith modifications necessary for the carrier

18 to comply.

19 ‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR20 NEY GENERAL.—The Attorney General may apply to the

21 appropriate United States district court for, and the Unit22 ed States district courts shall have jurisdiction to issue,

23 an order directing that a telecommunications carrier, a

24 manufacturer of telecommunications transmission or
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1 switching equipment, or a provider of telecommunications

2 support services comply with this chapter.

3 ‘‘(c) GROUNDS FOR ISSUANCE.—A court shall issue

4 an order under subsection (a) or (b) only if the court finds

5 that—

6 ‘‘(1) alternative technologies or capabilities or

7 the facilities of another carrier are not reasonably

8 available to law enforcement for implementing the

9 interception of communications or access to call10 identifying information; and

11 ‘‘(2) compliance with the requirements of this

12 chapter is reasonably achievable through the applica13 tion of available technology to the feature or service

14 at issue or would have been reasonably achievable if

15 timely action had been taken.

16 ‘‘(d) TIME FOR COMPLIANCE.—Upon issuance of an

17 enforcement order under this section, the court shall speci18 fy a reasonable time and conditions for complying with

19 its order, considering the good faith efforts to comply in

20 a timely manner, any effect on the carrier’s, manufactur21 er’s, or service provider’s ability to continue to do busi22 ness, the degree of culpability or delay in undertaking ef23 forts to comply, and such other matters as justice may

24 require.
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1 ‘‘(e) LIMITATION.—An order under this section may

2 not require a telecommunications carrier to meet the gov3 ernment’s demand for interception of communications and

4 acquisition of call-identifying information to any extent in

5 excess of the capacity for which notice has been provided

6 under section 2603.

7 ‘‘(f) CIVIL PENALTY.—

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

9 under this section against a telecommunications car10 rier, a manufacturer of telecommunications trans11 mission or switching equipment, or a provider of

12 telecommunications support services may impose a

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

14 in violation after the issuance of the order or after

15 such future date as the court may specify.

16 ‘‘(2) CONSIDERATIONS.—In determining wheth17 er to impose a fine and in determining its amount,

18 the court shall take into account—

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

20 of the violation;

21 ‘‘(B) the violator’s ability to pay, the viola22 tor’s good faith efforts to comply in a timely

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

24 continue to do business, the degree of culpabil-
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1 ity, and the length of any delay in undertaking

2 efforts to comply; and

3 ‘‘(C) such other matters as justice may re4 quire.

5 ‘‘(3) CIVIL ACTION.—The Attorney General

6 may file a civil action in the appropriate United

7 States district court to collect, and the United

8 States district courts shall have jurisdiction to im9 pose, such fines.

10 ‘‘§ 2608. Payment of costs of telecommunications car11 riers

12 ‘‘(a) EQUIPMENT, FEATURES, AND SERVICES DE13 PLOYED BEFORE DATE OF ENACTMENT; CAPACITY

14 COSTS.—The Attorney General shall, subject to the avail15 ability of appropriations, pay telecommunications carriers

16 for all reasonable costs directly associated with—

17 ‘‘(1) the modifications performed by carriers

18 prior to the effective date of section 2602 or prior

19 to the expiration of any extension granted under sec20 tion 2606(c) to establish, with respect to equipment,

21 features, and services deployed before the date of en22 actment of this chapter, the capabilities necessary to

23 comply with section 2602;
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1 ‘‘(2) meeting the maximum capacity require2 ments set forth in the notice under section

3 2603(a)(1)(A); and

4 ‘‘(3) expanding existing facilities to accommo5 date simultaneously the number of interceptions, pen

6 registers and trap and trace devices for which notice

7 has been provided under section 2603(a)(1)(B).

8 ‘‘(b) EQUIPMENT, FEATURES, AND SERVICES DE9 PLOYED ON OR AFTER DATE OF ENACTMENT.—

10 ‘‘(1) IN GENERAL.—If compliance with the as11 sistance capability requirements of section 2602 is

12 not reasonably achievable with respect to equipment,

13 features, or services deployed on or after the date of

14 enactment of this chapter, the Attorney General, on

15 application of a telecommunications carrier, may pay

16 the telecommunications carrier reasonable costs di17 rectly associated with achieving compliance.

18 ‘‘(2) CONSIDERATION.—In determining whether

19 compliance with the assistance capability require20 ments of section 2602 is reasonably achievable with

21 respect to any equipment, feature, or service de22 ployed the date of enactment of this chapter, consid23 eration shall be given to the time when the equip24 ment, feature, or service was deployed.
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1 ‘‘(c) ALLOCATION OF FUNDS FOR PAYMENT.—The

2 Attorney General shall allocate funds appropriated to

3 carry out this chapter in accordance with law enforcement

4 priorities determined by the Attorney General.

5 ‘‘(d) FAILURE TO MAKE PAYMENT WITH RESPECT

6 TO EQUIPMENT, FEATURES, AND SERVICES DEPLOYED

7 BEFORE DATE OF ENACTMENT.—

8 ‘‘(1) CONSIDERED TO BE IN COMPLIANCE.—

9 Unless the Attorney General has agreed to pay the

10 telecommunications carrier for all reasonable costs

11 directly associated with modifications necessary to

12 bring the equipment, feature, or service into actual

13 compliance with those requirements, provided the

14 carrier has requested payment in accordance with

15 procedures promulgated pursuant to subsection (e),

16 any equipment, feature, or service of a telecommuni17 cations carrier deployed before the date of enact18 ment of this chapter shall be considered to be in

19 compliance with the assistance capability require20 ments of section 2602 unless the equipment, feature,

21 or service is replaced or significantly upgraded or

22 otherwise undergoes major modification.

23 ‘‘(2) LIMITATION ON ORDER.—An order under

24 section 2607 shall not require a telecommunications

25 carrier to modify, for the purpose of complying with
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1 the assistance capability requirements of section

2 2602, any equipment, feature, or service deployed

3 before the date of enactment of this chapter unless

4 the Attorney General has agreed to pay the tele5 communications carrier for all reasonable costs di6 rectly associated with modifications necessary to

7 bring the equipment, feature, or service into actual

8 compliance with those requirements.

9 ‘‘(e) PROCEDURES AND REGULATIONS.—Notwith10 standing any other law, the Attorney General shall, after

11 notice and comment, establish any procedures and regula12 tions deemed necessary to effectuate timely and cost-effi13 cient payment to telecommunications carriers for compen14 sable costs incurred under this chapter, under chapters

15 119 and 121, and under the Foreign Intelligence Surveil16 lance Act of 1978 (50 U.S.C. 1801 et seq.).

17 ‘‘(f) DISPUTE RESOLUTION.—If there is a dispute be18 tween the Attorney General and a telecommunications car19 rier regarding the amount of reasonable costs to be paid

20 under subsection (a), the dispute shall be resolved and the

21 amount determined in a proceeding initiated at the Com22 mission or by the court from which an enforcement order

23 is sought under section 2607.’’.

24 (b) TECHNICAL AMENDMENT.—The part analysis for

25 part I of title 18, United States Code, is amended by in-
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1 serting after the item relating to chapter 119 the following

2 new item:

‘‘120. Telecommunications carrier assistance to the Government ..................................................................... 2601’’.

3 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to carry out

5 section 2608 of title 18, United States Code, as added by

6 section 1—

7 (1) a total of $500,000,000 for fiscal years

8 1995, 1996, and 1997; and

9 (2) such sums as are necessary for each fiscal

10 year thereafter,

11 such sums to remain available until expended.

12 SEC. 3. EFFECTIVE DATE.

13 (a) IN GENERAL.—Except as provided in paragraph

14 (2), chapter 120 of title 18, United States Code, as added

15 by section 1, shall take effect on the date of enactment

16 of this Act.

17 (b) ASSISTANCE CAPABILITY AND SYSTEMS SECU18 RITY AND INTEGRITY REQUIREMENTS.—Sections 2602

19 and 2604 of title 18, United States Code, as added by

20 section 1, shall take effect on the date that is 4 years after

21 the date of enactment of this Act.

22 SEC. 4. REPORTS.

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

2 1995, and on or before November 30 of each year

3 for 5 years thereafter, the Attorney General shall

4 submit to Congress and make available to the public

5 a report on the amounts paid during the preceding

6 fiscal year in payment to telecommunications car7 riers under section 2608 of title 18, United States

8 Code, as added by section 1.

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

10 shall include—

11 (A) a detailed accounting of the amounts

12 paid to each carrier and the technology, equip13 ment, feature or service for which the amounts

14 were paid; and

15 (B) projections of the amounts expected to

16 be paid in the current fiscal year, the carriers

17 to which payment is expected to be made, and

18 the technologies, equipment, features or services

19 for which payment is expected to be made.

20 (b) REPORTS BY THE COMPTROLLER GENERAL.—

21 (1) PAYMENTS FOR MODIFICATIONS.—On or

22 before April 1, 1996, and April 1, 1998, the Comp23 troller General of the United States, after consulta24 tion with the Attorney General and the telecommuni25 cations industry, shall submit to the Congress a re-
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1 port reflecting its analysis of the reasonableness and

2 cost-effectiveness of the payments made by the At3 torney General to telecommunications carriers for

4 modifications necessary to ensure compliance with

5 chapter 120 of title 18, United States Code, as

6 added by section 1.

7 (2) COMPLIANCE COST ESTIMATES.—A report

8 under paragraph (1) shall include the findings and

9 conclusions of the Comptroller General on the costs

10 to be incurred after the compliance date, including

11 projections of the amounts expected to be incurred

12 and the technologies, equipment, features or services

13 for which expenses are expected to be incurred by

14 telecommunications carriers to comply with the as15 sistance capability requirements in the first 5 years

16 after the effective date of section 2602.

17 SEC. 5. CORDLESS TELEPHONES.

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

19 States Code, is amended—

20 (1) in paragraph (1) by striking ‘‘but such term

21 does not include’’ and all that follows through ‘‘base

22 unit’’; and

23 (2) in paragraph (12) by striking subparagraph

24 (A) and redesignating subparagraphs (B), (C), and
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1 (D) as subparagraphs (A), (B), and (C), respec2 tively.

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

4 States Code, is amended—

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

6 cordless telephone communication that is transmit7 ted between the cordless telephone handset and the

8 base unit,’’ after ‘‘cellular telephone communica9 tion,’’; and

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

11 cordless telephone communication that is transmit12 ted between the cordless telephone handset and the

13 base unit,’’ after ‘‘cellular telephone communica14 tion,’’.

15 SEC. 6. RADIO-BASED DATA COMMUNICATIONS.

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

17 amended—

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

19 (D);

20 (2) by inserting ‘‘or’’ at the end of subpara21 graph (E); and

22 (3) by inserting after subparagraph (E) the fol23 lowing new subparagraph:

24 ‘‘(F) an electronic communication;’’
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1 SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICA2 TIONS THAT ARE TRANSMITTED USING MOD3 ULATION TECHNIQUES WITH NONPUBLIC PA4 RAMETERS.

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’’.

11 SEC. 8. 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. 9. 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,

15 United 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. 10. 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 communica19 tion service or remote computing service shall

20 disclose to a governmental entity the name, ad21 dress, telephone toll billing records, and length

22 of service of a subscriber to or customer of such

23 service and the types of services the subscriber

24 or customer utilized, when the governmental en25 tity uses an administrative subpoena authorized
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1 by a Federal or State statute or a Federal or

2 State grand jury or trial subpoena or any

3 means available under subparagraph (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 signalling information

2 utilized in call processing.’’.

Passed the Senate October 7 (legislative day, September 12), 1994.

Attest:

Secretary.
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