I
103D CONGRESS
2D SESSION
H. R. 4922
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.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 9, 1994
Mr. EDWARDS of California (for himself and Mr. HYDE) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
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 pur-
poses, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COM-
MUNICATIONS.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 119 the fol-
lowing new chapter:
‘‘CHAPTER 
120—TELECOMMUNICATIONS
CARRIER ASSISTANCE TO THE GOV-
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 telecommuni-
cations support services.
‘‘2606. Technical requirements and standards; extension of compliance date.
‘‘2607. Enforcement orders.
‘‘2608. Reimbursement of telecommunications carriers.
‘‘§ 2601. Definitions
‘‘(a) DEFINITIONS.—In this chapter—
‘‘the terms defined in section 2510 have, re-
spectively, the meanings stated in that section.
‘‘ ‘call-identifying information’—
‘‘(A) means all dialing or signalling infor-
mation associated with the origin, direction,
destination, or termination of each communica-
tion generated or received by the subscriber
equipment, facility, or service of a telecommuni-
cations carrier that is the subject of a court
order or lawful authorization; but
‘‘(B) does not include any information that
may disclose the physical location of the sub-
scriber (except to the extent that the location
may be determined from the telephone number).
‘‘ ‘Commission’ means the Federal Communica-
tions Commission.
‘‘ ‘government’ means the government of the
United States and any agency or instrumentality
thereof, the District of Columbia, any common-
wealth, territory, or possession of the United States,
and any State or political subdivision thereof author-
ized by law to conduct electronic surveillance.
‘‘ ‘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 electronic publishing and
messaging services; but
‘‘(C) does not include any use of any such
capability for the management, control, or oper-
ation of a telecommunications system or the
management of a telecommunications service.
‘‘ ‘provider of telecommunications support serv-
ices’ means a person or entity that provides a prod-
uct, software, or service to a telecommunications
carrier that is integral to such carrier’s switching or
transmission of wire or electronic communications.
‘‘ ‘telecommunications carrier’—
‘‘(A) means a person or entity engaged in
the transmission or switching of wire or elec-
tronic communications as a common carrier for
hire (within the meaning of section 3(h) of the
Communications Act of 1934 (47 U.S.C.
153(h))); and
‘‘(B) includes—
‘‘(i) a person or entity engaged in pro-
viding commercial mobile service (as de-
fined in section 332(d) of the Communica-
tions Act of 1934 (47 U.S.C. 332(d))); and
‘‘(ii) a person or entity engaged in
providing wire or electronic communication
switching or transmission service to the ex-
tent 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 chapter; but
‘‘(C) does not include persons or entities
insofar as they are engaged in providing infor-
mation services.
‘‘§ 2602. Assistance capability requirements
‘‘(a) CAPABILITY REQUIREMENTS.—Except as pro-
vided in subsections (b), (c), and (d) of this section, and
subject to section 2607(c), a telecommunications carrier
shall ensure that its services or facilities that provide a
customer or subscriber with the ability to originate, termi-
nate, or direct communications are capable of—
‘‘(1) expeditiously isolating and enabling the
government to intercept, to the exclusion of any
other communications, all wire and electronic com-
munications 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 service, fa-
cility, or equipment or at such later time as may be
acceptable to the government;
‘‘(2) expeditiously isolating and enabling the
government 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 commu-
nication (or at such later time as may be ac-
ceptable to the government); and
‘‘(B) in a manner that allows it to be asso-
ciated with the communication to which it per-
tains,
‘‘(b) LIMITATIONS.—
‘‘(1) DESIGN OF FEATURES AND SYSTEMS CON-
FIGURATIONS.—This chapter does not authorize any
law enforcement agency or officer—
‘‘(A) to require any specific design of fea-
tures or system configurations to be adopted by
providers of wire or electronic communication
service, manufacturers of telecommunications
equipment, or providers of telecommunications
support services; or
‘‘(B) to prohibit the adoption of any fea-
ture or service by providers of wire or electronic
communication service, manufacturers of tele-
communications equipment, or providers of tele-
communications support services.
‘‘(2) INFORMATION
SERVICES
AND
INTER-
CONNECTION SERVICES AND FACILITIES.—The re-
quirements of subsection (a) do not apply to—
‘‘(A) information services; or
‘‘(B) services or facilities that support the
transport or switching of communications for
the sole purpose of interconnecting tele-
communications carriers or private networks.
‘‘(3) ENCRYPTION.—A telecommunications car-
rier shall not be responsible for decrypting, or ensur-
ing the government’s ability to decrypt, any commu-
nication encrypted by a subscriber or customer, un-
less 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 de-
scribed in sections 2518 (7) or (11)(b) and 3125 of this
title and section 1805(e) of title 50), a carrier may fulfill
its responsibilities under 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
REQUIRE-
MENTS.—A telecommunications carrier 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 facili-
ties 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 com-
munications or access to call-identifying information pur-
suant 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 subscrib-
er’s use of such a feature or service, information is avail-
able 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.
‘‘§ 2603. Notices of capacity requirements
‘‘(a) NOTICES OF MAXIMUM AND INITIAL CAPACITY
REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this chapter, and after con-
sulting with State and local law enforcement agen-
cies, telecommunications carriers, providers of tele-
communications support services, and manufacturers
of telecommunications equipment, the Attorney Gen-
eral shall publish in the Federal Register and pro-
vide to appropriate telecommunications carrier asso-
ciations, standard-setting organizations, and fora—
‘‘(A) notice of the maximum capacity re-
quired to accommodate all of the communica-
tion interceptions, pen registers, and trap and
trace devices that the Attorney General esti-
mates that government agencies authorized to
conduct electronic surveillance may conduct and
use simultaneously; and
‘‘(B) notice of the number of communica-
tion interceptions, pen registers, and trap and
trace devices, representing a portion of the
maximum capacity set forth under subpara-
graph (A), that the Attorney General estimates
that government agencies authorized to conduct
electronic surveillance may conduct and use si-
multaneously after the date that is 4 years
after the date of enactment of this chapter.
‘‘(2) BASIS OF NOTICES.—The notices issued
under paragraph (1) may be based upon the type of
equipment, type of service, number of subscribers,
geographic location, or other measure.
‘‘(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 chapter, whichever is
longer, a telecommunications carrier shall ensure
that its systems are capable of—
‘‘(A) expanding to the maximum capacity
set forth in the notice under paragraph (1)(A);
and
‘‘(B) accommodating simultaneously the
number of interceptions, pen registers, and trap
and trace devices set forth in the notice under
paragraph (1)(B).
‘‘(2) PERMANENT
CAPACITY.—After the date
described in paragraph (1), a telecommunications
carrier shall ensure that it can accommodate expedi-
tiously any increase in the number of communication
interceptions, pen registers, and trap and trace de-
vices that authorized agencies may seek to conduct
and use, up to the maximum capacity requirement
set forth in the notice under paragraph (1)(A).
‘‘(c) NOTICES OF INCREASED MAXIMUM CAPACITY
REQUIREMENTS.—
‘‘(1) The Attorney General shall periodically
provide to telecommunications carriers written notice
of any necessary increases in the maximum capacity
requirement set forth in the notice under subsection
(b)(1).
‘‘(2) Within 3 years after receiving written no-
tice of increased capacity requirements under para-
graph (1), or within such longer time period as the
Attorney General may specify, a telecommunications
carrier shall ensure that its systems are capable of
expanding to the increased maximum capacity set
forth in the notice.
‘‘§ 2604. Systems security and integrity
‘‘A telecommunications carrier shall ensure that any
court ordered or lawfully authorized interception of com-
munications or access to call-identifying information ef-
fected within its switching premises can be activated only
with the affirmative intervention of an individual officer
or employee of the carrier.
‘‘§ 2605. Cooperation of equipment manufacturers
and 
providers 
of 
telecommunications
support services
‘‘(a) CONSULTATION.—A telecommunications carrier
shall consult, as necessary, in a timely fashion with manu-
facturers of its telecommunications transmission and
switching equipment and its providers of telecommuni-
cations support services for the purpose of identifying any
service or equipment, including hardware and software,
that may require modification so as to permit compliance
with this chapter.
‘‘(b) MODIFICATION
OF EQUIPMENT
AND SERV-
ICES.—Subject to section 2607(c), a manufacturer of tele-
communications 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 or services such modifications as are nec-
essary to permit such carriers to comply with this chapter.
‘‘§ 2606. Technical requirements and standards; ex-
tension of compliance date
‘‘(a) SAFE HARBOR.—
‘‘(1) CONSULTATION.—To ensure the efficient
and industry-wide implementation of the assistance
capability requirements under section 2602, the At-
torney General, in coordination with other Federal,
State, and local law enforcement agencies, shall con-
sult with appropriate associations and standard-set-
ting organizations of the telecommunications indus-
try.
‘‘(2) COMPLIANCE
UNDER
ACCEPTED
STAND-
ARDS.—A telecommunications carrier shall be found
to be in compliance with the assistance capability re-
quirements under section 2602, 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 2605, if the carrier, manufacturer, or sup-
port service provider is in compliance with publicly
available technical requirements or standards are
adopted by an industry association or standard-set-
ting organization or by the Commission under sub-
section (b) to meet the requirements of section 2602.
‘‘(3) ABSENCE OF STANDARDS.—The absence
of technical requirements or standards for imple-
menting the assistance capability requirements of
section 2602 shall not—
‘‘(A) preclude a carrier, manufacturer, or
services provider from deploying a technology or
service; or
‘‘(B) relieve a carrier, manufacturer, or
service provider of the obligations imposed by
section 2602 or 2605, as applicable.
‘‘(b) FCC AUTHORITY.—
‘‘(1) IN GENERAL.—If industry associations or
standard-setting organizations fail to issue technical
requirements or standards or if a government agen-
cy or any other person believes that such require-
ments or standards are deficient, the agency or per-
son may petition the Commission to establish, by no-
tice and comment rulemaking or such other proceed-
ings as the Commission may be authorized to con-
duct, technical requirements or standards that—
‘‘(A) meet the assistance capability re-
quirements of section 2602;
‘‘(B) protect the privacy and security of
communications not authorized to be inter-
cepted; and
‘‘(C) serve the policy of the United States
to encourage the provision of new technologies
and services to the public.
‘‘(2) TRANSITION PERIOD.—If an industry tech-
nical requirement or standard is set aside or sup-
planted as a result of Commission action under this
section, the Commission, after consultation with the
Attorney General, shall establish a reasonable time
and conditions for compliance with and the transi-
tion to any new standard, including defining the ob-
ligations of telecommunications carriers under sec-
tion 2602 during any transition period.
‘‘(c) EXTENSION OF COMPLIANCE DATE FOR FEA-
TURES AND SERVICES.—
‘‘(1) PETITION.—A telecommunications carrier
proposing to deploy, or having deployed, a feature or
service within 4 years after the date of enactment of
this chapter may petition the Commission for 1 or
more extensions of the deadline for complying with
the assistance capability requirements under section
2602.
‘‘(2) GROUND FOR EXTENSION.—The Commis-
sion may, after affording a full opportunity for hear-
ing and after consultation with the Attorney Gen-
eral, grant an extension under this paragraph, if the
Commission determines that compliance with the as-
sistance capability requirements under section 2602
is not reasonably achievable through application of
technology available within the compliance period.
‘‘(3) LENGTH
OF
EXTENSION.—An extension
under this paragraph shall extend for no longer than
the earlier of—
‘‘(A) the date determined by the Commis-
sion as necessary for the carrier to comply with
the assistance capability requirements under
section 2602; or
‘‘(B) the date that is 2 years after the date
on which the extension is granted.
‘‘(4) APPLICABILITY OF EXTENSION.—An ex-
tension under this subsection shall apply to only that
part of the carrier’s business on which the new fea-
ture or service is used.
‘‘§ 2607. Enforcement orders
‘‘(a) ENFORCEMENT BY COURT ISSUING SURVEIL-
LANCE ORDER.—If a court authorizing an interception
under chapter 119, 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 in this chapter, the court may direct that
the carrier comply forthwith and may direct that a pro-
vider of support services to the carrier or the manufac-
turer of the carrier’s transmission or switching equipment
furnish forthwith modifications necessary for the carrier
to comply.
‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR-
NEY GENERAL.—The Attorney General may apply to the
appropriate United States district court for, and the Unit-
ed States district courts shall have jurisdiction to issue,
an order directing that a telecommunications carrier, a
manufacturer of telecommunications transmission or
switching equipment, or a provider of telecommunications
support services comply with this chapter.
‘‘(c) GROUNDS FOR ISSUANCE.—A court shall issue
an order under subsection (a) or (b) 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
chapter is reasonably achievable through the applica-
tion of available technology to the feature or service
at issue or would have been reasonably achievable if
timely action had been taken.
‘‘(d) TIME FOR COMPLIANCE.—Upon issuance of an
enforcement order under this section, the court shall speci-
fy 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, manufactur-
er’s, or service provider’s ability to continue to do busi-
ness, the degree of culpability or delay in undertaking ef-
forts to comply, and such other matters as justice may
require.
‘‘(e) LIMITATION.—An order under this section may
not require a telecommunications carrier to meet the gov-
ernment’s demand for interception of communications and
acquisition of call-identifying information to any extent in
excess of the capacity for which notice has been provided
under section 2603.
‘‘(f) 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 fine 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.
‘‘(3) CIVIL
ACTION.—The Attorney General
may file a civil action in the appropriate United
States district court to collect, and the United
States district courts shall have jurisdiction to im-
pose, such fines.
‘‘§ 2608. Reimbursement of telecommunications car-
riers
‘‘(a) IN GENERAL.—The Attorney General shall, sub-
ject to the availability of appropriations, reimburse tele-
communications carriers for all reasonable costs directly
associated with—
‘‘(1) the modifications performed by carriers
prior to the effective date of section 2602 or prior
to the expiration of any extension granted under sec-
tion 2606(c) to establish the capabilities necessary
to comply with section 2602;
‘‘(2) meeting the maximum capacity require-
ments set forth in the notice under section
2603(a)(1)(A); and
‘‘(3) expanding existing facilities to accommo-
date simultaneously the number of interceptions, pen
registers and trap and trace devices for which notice
has been provided under section 2603(a)(1)(B).
‘‘(b) PROCEDURES
AND REGULATIONS.—Notwith-
standing any other law, the Attorney General may estab-
lish any procedures and regulations deemed necessary to
effectuate timely and cost-efficient reimbursement to tele-
communications carriers for reimbursable costs incurred
under this chapter, under chapters 119 and 121, and
under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.).
‘‘(c) DISPUTE RESOLUTION.—If there is a dispute
between the Attorney General and a telecommunications
carrier regarding the amount of reasonable costs to be re-
imbursed under subsection (b), the dispute shall be re-
solved and the amount determined in a proceeding initi-
ated at the Commission under section 2606(b) or by the
court from which an enforcement order is sought under
section 2607.
‘‘(d) LACK OF APPROPRIATED FUNDS.—The lack of
appropriated funds sufficient to reimburse telecommuni-
cations carriers for modifications under subsection (a)
shall be considered by the Commission or a court in deter-
mining whether compliance is reasonable under section
2607(c).’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part I of title 18, United States Code, is amended by in-
serting after the item relating to chapter 119 the following
new item:
‘‘120. Telecommunications carrier assistance to the Gov-
ernment ..................................................................... 2601’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
section 2608 of title 18, United States Code, as added by
section 1—
(1) a total of $500,000,000 for fiscal years
1995, 1996, 1997, and 1998; and
(2) such sums as are necessary for each fiscal
year thereafter.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in paragraph
(2), chapter 120 of title 18, United States Code, as added
by section 1, shall take effect on the date of enactment
of this Act.
(b) ASSISTANCE CAPABILITY AND SYSTEMS SECU-
RITY
AND INTEGRITY REQUIREMENTS.—Sections 2602
and 2604 of title 18, United States Code, as added by
section 1, shall take effect on the date that is 4 years after
the date of enactment of this Act.
SEC. 4. 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
for 5 years thereafter, the Attorney General shall
submit to the Congress a report on the amounts
paid during the preceding fiscal year in reimburse-
ment to telecommunications carriers under section
2608 of title 18, United States Code, as added by
section 1.
(2) CONTENTS.—A report under paragraph (1)
shall include—
(A) a detailed accounting of the amounts
paid to each carrier and the technology, feature
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 reimbursement is expected to be paid,
and the technologies, services, or features for
which reimbursement is expected to be paid.
(b) REPORTS BY THE COMPTROLLER GENERAL.—
(1) IN GENERAL.—On or before April 1, 1996,
and April 1, 1998, the Comptroller General of the
United States, after consultation with the Attorney
General and the telecommunications industry, shall
submit to the Congress a report reflecting its audit
of the sums paid by the Attorney General to carriers
in reimbursement.
(2) CONTENTS.—A report under paragraph (1)
shall include the findings and conclusions of the
Comptroller General on the costs to be incurred
after the compliance date, including projections of
the amounts expected to be incurred and the tech-
nologies, services, or features for which expenses are
expected to be incurred.
SEC. 5. 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), respec-
tively.
(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. 6. 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);
(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. 10. TRANSACTIONAL DATA.
(a) DISCLOSURE OF RECORDS.—Section 2703 of title
18, United States Code, is amended—
(1) in subsection (c)—
(A) in subparagraph (B)—
(i) by striking clause (i); and
(ii) by redesignating clauses (ii), (iii),
(iv) as clauses (i), (ii), and (iii), respec-
tively; and
(B) by adding at the end the following new
subparagraph:
‘‘(C) A provider of electronic communica-
tion service or remote computing service shall
disclose to a governmental entity the name, bill-
ing address, and length of service of a sub-
scriber to or customer of such service and the
types of services the subscriber or customer uti-
lized, when the governmental entity uses an ad-
ministrative 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 signalling information
utilized in call processing.’’.
Æ
HR 4922 IH——2