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 law-
fully authorized electronic surveillance by a law
enforcement agency of a government, permit re-
covery of only the incremental cost of making
the modification suitable for such law enforce-
ment 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 modifica-
tions pursuant to this section and that has installed
or deployed such modification to submit to the At-
torney 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 re-
main 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 SECU-
RITY 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 tele-
communications industry, shall submit to the Con-
gress a report—
(A) describing the type of equipment, fa-
cilities, and services that have been brought
into compliance under this title; and
(B) reflecting its analysis of the reason-
ableness and cost-effectiveness of the payments
made by the Attorney General to telecommuni-
cations 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 AS-
SISTANCE FOR LAW ENFORCEMENT ACT.
(a) COURT ORDERS UNDER CHAPTER 119.—Chapter
119 of title 18, United States Code, is amended by insert-
ing after section 2521 the following new section:
‘‘§ 2522. Enforcement of the Communications Assist-
ance for Law Enforcement Act
‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL-
LANCE ORDER.—If a court authorizing an interception
under this chapter, a State statute, or the Foreign Intel-
ligence 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 sec-
tion 108 of such Act, direct that the carrier comply forth-
with and may direct that a provider of support services
to the carrier or the manufacturer of the carrier’s trans-
mission or switching equipment furnish forthwith modi-
fications necessary for the carrier to comply.
‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR-
NEY GENERAL.—The Attorney General may, in a civil ac-
tion in the appropriate United States district court, obtain
an order, in accordance with section 108 of the Commu-
nications Assistance for Law Enforcement Act, directing
that a telecommunications carrier, a manufacturer of tele-
communications 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 car-
rier, a manufacturer of telecommunications trans-
mission 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 wheth-
er 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 viola-
tor’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 culpabil-
ity, and the length of any delay in undertaking
efforts to comply; and
‘‘(C) such other matters as justice may re-
quire.
‘‘(d) DEFINITIONS.—As used in this section, the
terms defined in section 102 of the Communications As-
sistance for Law Enforcement Act have the meanings pro-
vided, 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 En-
forcement 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 is-
sued to enforce the assistance capability and capacity re-
quirements 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 subpara-
graph (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 transmit-
ted between the cordless telephone handset and the
base unit,’’ after ‘‘cellular telephone communica-
tion,’’; and
(2) in subsection (4)(b)(ii) by inserting ‘‘a
cordless telephone communication that is transmit-
ted between the cordless telephone handset and the
base unit,’’ after ‘‘cellular telephone communica-
tion,’’.
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 subpara-
graph (E); and
(3) by inserting after subparagraph (E) the fol-
lowing new subparagraph:
‘‘(F) an electronic communication;’’
SEC. 204. PENALTIES FOR MONITORING RADIO COMMU-
NICATIONS 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 MO-
BILE 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 follow-
ing 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 alter-
ing or modifying telecommunications instru-
ments to obtain unauthorized access to tele-
communications 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, Unit-
ed States Code, is amended—
(1) in paragraph (1) by inserting ‘‘electronic se-
rial 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 para-
graph (6) and inserting ‘‘; and’’; and
(4) by adding at the end the following new
paragraph:
‘‘(7) the term ‘scanning receiver’ means a de-
vice 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), re-
spectively; 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 govern-
mental 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 cus-
tomer of such service and the types of services the sub-
scriber 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 de-
scribed 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 in-
formation sought, are relevant and material to an
ongoing criminal investigation.’’.
(b) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 3121 of title 18, United States Code, is
amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the follow-
ing 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 ATTOR-
NEYS GENERAL IN THE CRIMINAL DIVISION
TO 
APPROVE 
CERTAIN 
COURT 
APPLICA-
TIONS.
Section 2516(1) of title 18, United States Code, is
amended by inserting ‘‘or acting Deputy Assistant Attor-
ney 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 EN-
FORCEMENT 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 As-