H. R. 4922
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend title 18, United States Code, to make clear a telecommunications carrier’s
duty to cooperate in the interception of communications for law enforcement
purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—INTERCEPTION OF DIGITAL
AND OTHER COMMUNICATIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Communications Assistance
for Law Enforcement Act’’.
SEC. 102. DEFINITIONS.
For purposes of this title—
(1) The terms defined in section 2510 of title 18, United
States Code, have, respectively, the meanings stated in that
section.
(2) The term ‘‘call-identifying information’’ means dialing
or signaling information that identifies the origin, direction,
destination, or termination of each communication generated
or received by a subscriber by means of any equipment, facility,
or service of a telecommunications carrier.
(3) The term ‘‘Commission’’ means the Federal Communica-
tions Commission.
(4) The term ‘‘electronic messaging services’’ means soft-
ware-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 posses-
sion 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 telecommuni-
cations; and
(B) includes—
H. R. 4922—2
(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 telecommuni-
cations 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 trans-
mission or switching of wire or electronic communications
as a common carrier for hire; and
(B) includes—
(i) a person or entity engaged in providing commer-
cial 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 sub-
sections (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 sub-
scriber with the ability to originate, terminate, or direct communica-
tions 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 trans-
mission to or from the subscriber’s equipment, facility, or serv-
ice, 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—
H. R. 4922—3
(A) before, during, or immediately after the trans-
mission 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 informa-
tion 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-identify-
ing 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 prem-
ises 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 tele-
communications service and in a manner that protects—
(A) the privacy and security of communications and
call-identifying information not authorized to be inter-
cepted; and
(B) information regarding the government’s intercep-
tion 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, facili-
ties, services, features, or system configurations to be
adopted by any provider of a wire or electronic communica-
tion 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 telecommuni-
cations equipment, or any provider of telecommunications
support services.
(2) INFORMATION SERVICES; PRIVATE NETWORKS AND INTER-
CONNECTION SERVICES AND FACILITIES.—The requirements of
subsection (a) do not apply to—
(A) information services; or
(B) equipment, facilities, or services that support the
transport or switching of communications for private net-
works or for the sole purpose of interconnecting tele-
communications 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.
H. R. 4922—4
(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 tele-
communications 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 assist-
ance 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 serv-
ice area in which interception has been occurring as a result of
the subscriber’s use of such a feature or service, information is
made available to the government (before, during, or immediately
after the transfer of such communications) identifying the provider
of a wire or electronic communication service that has acquired
access to the communications.
SEC. 104. NOTICES OF CAPACITY REQUIREMENTS.
(a) NOTICES
OF MAXIMUM
AND ACTUAL CAPACITY REQUIRE-
MENTS.—
(1) IN
GENERAL.—Not later than 1 year after the date
of enactment of this title, after consulting with State and local
law enforcement agencies, telecommunications carriers, provid-
ers of telecommunications support services, and manufacturers
of telecommunications equipment, and after notice and com-
ment, the Attorney General shall publish in the Federal Reg-
ister and provide to appropriate telecommunications industry
associations and standard-setting organizations—
(A) notice of the actual number of communication inter-
ceptions, pen registers, and trap and trace devices, rep-
resenting a portion of the maximum capacity set forth
under subparagraph (B), that the Attorney General esti-
mates that government agencies authorized to conduct elec-
tronic 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
H. R. 4922—5
(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 communica-
tion 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
REQUIRE-
MENTS.—
(1) NOTICE.—The Attorney General shall periodically pub-
lish in the Federal Register, after notice and comment, notice
of any necessary increases in the maximum capacity require-
ment 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 sub-
section (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 pursu-
ant 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 associ-
ated 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 compli-
ance 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
H. R. 4922—6
the carrier acting in accordance with regulations prescribed by
the Commission.
SEC. 106. COOPERATION 
OF 
EQUIPMENT 
MANUFACTURERS 
AND
PROVIDERS OF TELECOMMUNICATIONS SUPPORT SERV-
ICES.
(a) CONSULTATION.—A telecommunications carrier shall consult,
as necessary, in a timely fashion with manufacturers of its tele-
communications 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 sup-
port 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 capabil-
ity 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 rep-
resentatives of users of telecommunications equipment, facili-
ties, and services, and with State utility commissions.
(2) COMPLIANCE
UNDER
ACCEPTED
STANDARDS.—A tele-
communications 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 sup-
port 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, manufac-
turer, or telecommunications support services provider from
deploying a technology or service; or
(B) relieve a carrier, manufacturer, or telecommuni-
cations support services provider of the obligations imposed
by section 103 or 106, as applicable.
(b) COMMISSION AUTHORITY.—If industry associations or stand-
ard-setting organizations fail to issue technical requirements or
standards or if a Government agency or any other person believes
H. R. 4922—7
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, FACILI-
TIES, AND SERVICES.—
(1) PETITION.—A telecommunications carrier proposing to
install or deploy, or having installed or deployed, any equip-
ment, 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 sub-
section shall extend for no longer than the earlier of—
(A) the date determined by the Commission as nec-
essary for the carrier to comply with the assistance capabil-
ity 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 enforce-
ment for implementing the interception of communications or
access to call-identifying information; and
(2) compliance with the requirements of this title is reason-
ably achievable through the application of available technology
to the equipment, facility, or service at issue or would have
been reasonably achievable if timely action had been taken.
(b) TIME FOR COMPLIANCE.—Upon issuing an order enforcing
this title, the court shall specify a reasonable time and conditions
for complying with its order, considering the good faith efforts
to comply in a timely manner, any effect on the carrier’s, manufac-
H. R. 4922—8
turer’s, or service provider’s ability to continue to do business,
the degree of culpability or delay in undertaking efforts to comply,
and such other matters as justice may require.
(c) LIMITATIONS.—An order enforcing this title may not—
(1) require a telecommunications carrier to meet the
Government’s demand for interception of communications and
acquisition of call-identifying information to any extent in
excess of the capacity for which the Attorney General has
agreed to reimburse such carrier;
(2) require any telecommunications carrier to comply with
assistance capability requirement of section 103 if the Commis-
sion has determined (pursuant to section 109(b)(1)) that compli-
ance 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 require-
ments 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 tele-
communications carrier for all reasonable costs directly
associated with modifications necessary to bring the equip-
ment, facility, or service into compliance with those require-
ments; 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 telecommuni-
cations carriers for all reasonable costs directly associated with
the modifications performed by carriers in connection with equip-
ment, 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 assist-
ance 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.
H. R. 4922—9
(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, facil-
ity, 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 tele-
communications 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 achiev-
able with respect to equipment, facilities, or services deployed
after January 1, 1995—
(A) the Attorney General, on application of a tele-
communications carrier, may agree, subject to the availabil-
ity 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 Gen-
eral shall allocate funds appropriated to carry out this title in
accordance with law enforcement priorities determined by the Attor-
ney 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 proce-
dures 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 capabil-
ity 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 car-
riers 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 regula-
tions for purposes of determining reasonable costs under this