and may prescribe such regulations as
may be necessary, to enhance the privacy
of users of such frequencies.
‘‘(3) TAMPERING
PREVENTION.—In pre-
scribing regulations pursuant to para-
graph (1), the Commission shall consider
defining ‘capable of readily being altered’
to require scanning receivers to be manu-
factured in a manner that effectively pre-
cludes alteration of equipment features
and functions as necessary to prevent
commerce in devices that may be used
unlawfully to intercept or divulge radio
communication.
‘‘(4) WARNING LABELS.—In prescribing
regulations under paragraph (1), the
Commission shall consider requiring la-
bels on scanning receivers warning of the
prohibitions in Federal law on inten-
tionally intercepting or divulging radio
communications.
‘‘(5) DEFINITIONS.—As used in this sub-
section, the term ‘protected’ means se-
cured by an electronic method that is not
published or disclosed except to author-
ized users, as further defined by Commis-
sion regulation.’’.
(c) IMPLEMENTING
REGULATIONS.—Within
90 days after the date of enactment of this Act,
the Federal Communications Commission
shall prescribe amendments to its regulations
for the purposes of implementing the amend-
ments made by this section.
SEC. 4. UNAUTHORIZED INTERCEPTION OR PUBLICATION
OF COMMUNICATIONS.
Section 705 of the Communications Act of
1934 (47 U.S.C. 605) is amended—
(1) in the heading of such section, by
inserting ‘‘INTERCEPTION OR’’ after ‘‘UNAU-
THORIZED’’;
(2) in the first sentence of subsection
(a), by striking ‘‘Except as authorized by
chapter 119, title 18, United States Code,
no person’’ and inserting ‘‘No person’’;
(3) in the second sentence of sub-
section (a)—
(A) by inserting ‘‘intentionally’’
before ‘‘intercept’’; and
(B) by striking ‘‘communication
and divulge’’ and inserting ‘‘commu-
nication, and no person having inter-
cepted such a communication shall
intentionally divulge’’;
(4) in the fourth sentence of sub-
section (a)—
(A) by inserting ‘‘(A)’’ after ‘‘inter-
cepted, shall’’; and
(B) by striking ‘‘thereof) or’’ and
inserting ‘‘thereof); or (B)’’;
(5) by striking the last sentence of
subsection (a) and inserting the fol-
lowing: ‘‘Nothing in this subsection pro-
hibits an interception or disclosure of a
communication as authorized by chapter
119 of title 18, United States Code.’’;
(6) in subsection (e)(1)—
(A) by striking ‘‘fined not more
than $2,000 or’’; and
(B) by inserting ‘‘or fined under
title 18, United States Code,’’ after ‘‘6
months,’’;
(7) in subsection (e)(3), by striking
‘‘any violation’’ and inserting ‘‘any re-
ceipt, interception, divulgence, publica-
tion, or utilization of any communication
in violation’’;
(8) in subsection (e)(4), by striking
‘‘any other activity prohibited by sub-
section (a)’’ and inserting ‘‘any receipt,
interception, divulgence, publication, or
utilization of any communication in vio-
lation of subsection (a)’’; and
(9) by adding at the end of subsection
(e) the following new paragraph:
‘‘(7) Notwithstanding any other investiga-
tive or enforcement activities of any other
Federal agency, the Commission shall inves-
tigate alleged violations of this section and
may proceed to initiate action under section
503 of this Act to impose forfeiture penalties
with respect to such violation upon conclu-
sion of the Commission’s investigation.’’.
Amend the title so as to read: ‘‘A bill to amend the
Communications Act of 1934 to strengthen and clarify
prohibitions on electronic eavesdropping, and for other
purposes.’’.
Union Calendar No. 409
106TH CONGRESS
2D SESSION
H. R. 3489
[Report No. 106–725, Parts I and II]
A BILL
To amend the Communications Act of 1934 to reg-
ulate interstate commerce in the use of mobile
telephones and to strengthen and clarify prohibi-
tions on electronic eavesdropping, and for other
purposes.
JULY 11, 2000
Reported from the Committee on Commerce with an
amendment
JULY 11, 2000
Reported from the Committtee on the Judiciary with
amendments, committed to the Committee of the
Whole House on the State of the Union, and ordered
to be printed