452 
HR 6147 RDS 
(C) by striking ‘‘sought,’’ and inserting 
‘‘sought’’; and 
(D) by striking ‘‘section’’ and inserting 
‘‘subsection’’; and 
(3) by adding at the end the following: 
‘‘(h) NOTICE.—Except as provided in section 2705, 
a provider of electronic communication service or remote 
computing service may notify a subscriber or customer of 
a receipt of a warrant, court order, subpoena, or request 
under subsection (a), (b), (c), or (d) of this section. 
‘‘(i) RULE OF CONSTRUCTION RELATED TO LEGAL 
PROCESS.—Nothing in this section or in section 2702 
shall limit the authority of a governmental entity to use 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery sub-
poena, or a warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant proce-
dures) by a court of competent jurisdiction to— 
‘‘(1) require an originator, addressee, or in-
tended recipient of a wire or electronic communica-
tion to disclose a wire or electronic communication 
(including the contents of that communication) to 
the governmental entity; 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
453 
HR 6147 RDS 
‘‘(2) require a person or entity that provides an 
electronic communication service to the officers, di-
rectors, employees, or agents of the person or entity 
(for the purpose of carrying out their duties) to dis-
close a wire or electronic communication (including 
the contents of that communication) to or from the 
person or entity itself or to or from an officer, direc-
tor, employee, or agent of the entity to a govern-
mental entity, if the wire or electronic communica-
tion is stored, held, or maintained on an electronic 
communications system owned, operated, or con-
trolled by the person or entity; or 
‘‘(3) require a person or entity that provides a 
remote computing service or electronic communica-
tion service to disclose a wire or electronic commu-
nication (including the contents of that communica-
tion) that advertises or promotes a product or serv-
ice and that has been made readily accessible to the 
general public. 
‘‘(j) RULE OF CONSTRUCTION RELATED TO CON-
GRESSIONAL SUBPOENAS.—Nothing in this section or in 
section 2702 shall limit the power of inquiry vested in the 
Congress by article I of the Constitution of the United 
States, including the authority to compel the production 
of a wire or electronic communication (including the con-
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00453
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
454 
HR 6147 RDS 
tents of a wire or electronic communication) that is stored, 
held, or maintained by a person or entity that provides 
remote computing service or electronic communication 
service.’’. 
SEC. 1003. DELAYED NOTICE. 
Section 2705 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 2705. Delayed notice 
‘‘(a) IN GENERAL.—A governmental entity acting 
under section 2703 may apply to a court for an order di-
recting a provider of electronic communication service or 
remote computing service to which a warrant, order, sub-
poena, or other directive under section 2703 is directed 
not to notify any other person of the existence of the war-
rant, order, subpoena, or other directive. 
‘‘(b) DETERMINATION.—A court shall grant a re-
quest for an order made under subsection (a) for delayed 
notification of up to 180 days if the court determines that 
there is reason to believe that notification of the existence 
of the warrant, order, subpoena, or other directive will 
likely result in— 
‘‘(1) endangering the life or physical safety of 
an individual; 
‘‘(2) flight from prosecution; 
‘‘(3) destruction of or tampering with evidence; 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00454
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
455 
HR 6147 RDS 
‘‘(4) intimidation of potential witnesses; or 
‘‘(5) otherwise seriously jeopardizing an inves-
tigation or unduly delaying a trial. 
‘‘(c) EXTENSION.—Upon request by a governmental 
entity, a court may grant one or more extensions, for peri-
ods of up to 180 days each, of an order granted in accord-
ance with subsection (b).’’. 
SEC. 1004. RULE OF CONSTRUCTION. 
Nothing in this Act or an amendment made by this 
Act shall be construed to preclude the acquisition by the 
United States Government of— 
(1) the contents of a wire or electronic commu-
nication pursuant to other lawful authorities, includ-
ing the authorities under chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), or any other provision of Fed-
eral law not specifically amended by this Act; or 
(2) records or other information relating to a 
subscriber or customer of any electronic communica-
tion service or remote computing service (not includ-
ing the content of such communications) pursuant to 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), or any 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00455
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
456 
HR 6147 RDS 
other provision of Federal law not specifically 
amended by this Act. 
TITLE XI—AMATEUR RADIO 
PARITY ACT 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Amateur Radio Parity 
Act of 2018’’. 
SEC. 1102. FINDINGS. 
Congress finds the following: 
(1) More than 730,000 radio amateurs in the 
United States are licensed by the Federal Commu-
nications Commission in the amateur radio services. 
(2) Amateur radio, at no cost to taxpayers, pro-
vides a fertile ground for technical self-training in 
modern telecommunications, electronics technology, 
and emergency communications techniques and pro-
tocols. 
(3) There is a strong Federal interest in the ef-
fective performance of amateur stations established 
at the residences of licensees. Such stations have 
been shown to be frequently and increasingly pre-
cluded by unreasonable private land use restrictions, 
including restrictive covenants. 
(4) Federal Communications Commission regu-
lations have for three decades prohibited the applica-
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
457 
HR 6147 RDS 
tion to stations in the amateur service of State and 
local regulations that preclude or fail to reasonably 
accommodate amateur service communications, or 
that do not constitute the minimum practicable reg-
ulation to accomplish a legitimate State or local pur-
pose. Commission policy has been and is to require 
States and localities to permit erection of a station 
antenna structure at heights and dimensions suffi-
cient to accommodate amateur service communica-
tions. 
(5) The Commission has sought guidance and 
direction from Congress with respect to the applica-
tion of the Commission’s limited preemption policy 
regarding amateur service communications to private 
land use restrictions, including restrictive covenants. 
(6) There are aesthetic and common property 
considerations that are uniquely applicable to private 
land use regulations and the community associations 
obligated to enforce covenants, conditions, and re-
strictions in deed-restricted communities. These con-
siderations are dissimilar to those applicable to State 
law and local ordinances regulating the same resi-
dential amateur radio facilities. 
(7) In recognition of these considerations, a 
separate Federal policy than exists at section 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
458 
HR 6147 RDS 
97.15(b) of title 47, Code of Federal Regulations, is 
warranted concerning amateur service communica-
tions in deed-restricted communities. 
(8) Community associations should fairly ad-
minister private land use regulations in the interest 
of their communities, while nevertheless permitting 
the installation and maintenance of effective outdoor 
amateur radio antennas. There exist antenna de-
signs and installations that can be consistent with 
the aesthetics and physical characteristics of land 
and structures in community associations while ac-
commodating communications in the amateur radio 
services. 
SEC. 1103. APPLICATION OF PRIVATE LAND USE RESTRIC-
TIONS TO AMATEUR STATIONS. 
(a) AMENDMENT OF FCC RULES.—Not later than 
120 days after the date of the enactment of this Act, the 
Federal Communications Commission shall amend section 
97.15 of title 47, Code of Federal Regulations, by adding 
a new paragraph that prohibits the application to amateur 
stations of any private land use restriction, including a 
restrictive covenant, that— 
(1) on its face or as applied, precludes commu-
nications in an amateur radio service; 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
459 
HR 6147 RDS 
(2) fails to permit a licensee in an amateur 
radio service to install and maintain an effective out-
door antenna on property under the exclusive use or 
control of the licensee; or 
(3) does not constitute the minimum practicable 
restriction on such communications to accomplish 
the lawful purposes of a community association seek-
ing to enforce such restriction. 
(b) ADDITIONAL REQUIREMENTS.—In amending its 
rules as required by subsection (a), the Commission 
shall— 
(1) require any licensee in an amateur radio 
service to notify and obtain prior approval from a 
community association concerning installation of an 
outdoor antenna; 
(2) permit a community association to prohibit 
installation of any antenna or antenna support 
structure by a licensee in an amateur radio service 
on common property not under the exclusive use or 
control of the licensee; and 
(3) subject to the standards specified in para-
graphs (1) and (2) of subsection (a), permit a com-
munity association to establish reasonable written 
rules concerning height, location, size, and aesthetic 
impact of, and installation requirements for, outdoor 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
460 
HR 6147 RDS 
antennas and support structures for the purpose of 
conducting communications in the amateur radio 
services. 
SEC. 1104. AFFIRMATION OF LIMITED PREEMPTION OF 
STATE AND LOCAL LAND USE REGULATION. 
The Federal Communications Commission may not 
change section 97.15(b) of title 47, Code of Federal Regu-
lations, which shall remain applicable to State and local 
land use regulation of amateur service communications. 
SEC. 1105. DEFINITIONS. 
In this title: 
(1) 
COMMUNITY
ASSOCIATION.—The 
term 
‘‘community association’’ means any non-profit man-
datory membership organization composed of owners 
of real estate described in a declaration of covenants 
or created pursuant to a covenant or other applica-
ble law with respect to which a person, by virtue of 
the person’s ownership of or interest in a unit or 
parcel, is obligated to pay for a share of real estate 
taxes, insurance premiums, maintenance, improve-
ment, services, or other expenses related to common 
elements, other units, or any other real estate other 
than the unit or parcel described in the declaration. 
(2) TERMS
DEFINED
IN
REGULATIONS.—The 
terms ‘‘amateur radio services’’, ‘‘amateur service’’, 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
461 
HR 6147 RDS 
and ‘‘amateur station’’ have the meanings given 
such terms in section 97.3 of title 47, Code of Fed-
eral Regulations. 
TITLE XII 
ADDITIONAL GENERAL PROVISIONS 
REFERENCES TO ACT 
SEC. 1201. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in this division shall 
be treated as referring only to the provisions of this divi-
sion. 
REFERENCES TO REPORT 
SEC. 1202. Any reference to a ‘‘report accompanying 
this Act’’ contained in this division shall be treated as a 
reference to House Report 115–792. The effect of such 
Report shall be limited to this division and shall apply for 
purposes of determining the allocation of funds provided 
by, and the implementation of, this division. 
SPENDING REDUCTION ACCOUNT 
SEC. 1203. The amount by which the applicable allo-
cation of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
exceeds the amount of proposed new budget authority is 
$0. 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
462 
HR 6147 RDS 
SEC. 1204. None of the funds appropriated by this 
Act may be used to enforce section 540 of Public Law 
110–329 (122 Stat. 3688) or section 538 of Public Law 
112–74 (125 Stat. 976; 6 U.S.C. 190 note). 
SEC. 1205. None of the funds made available under 
title IV or title VIII of this Act may be used by the Dis-
trict of Columbia government to carry out the Health In-
surance Requirement Amendment Act of 2018 (subtitle A 
of title V of the Fiscal Year 2019 Budget Support Act 
of 2018; D.C. Bill 22–753). 
SEC. 1206. None of the funds made available by this 
Act may be used to carry out section 1334 of the Patient 
Protection and Affordable Care Act. 
SEC. 1207. None of the funds made available under 
title IV or title VIII of this Act may be used by the Dis-
trict of Columbia government to carry out section 47– 
4471, D.C. Official Code, with respect to the liability of 
a taxpayer under section 47–5108, D.C. Official Code (as 
added by subtitle A of title V of the Fiscal Year 2019 
Budget Support Act of 2018; D.C. Bill 22–753). 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS
463 
HR 6147 RDS 
This division may be cited as the ‘‘Financial Services 
and General Government Appropriations Act, 2019’’. 
Passed the House of Representatives July 19, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
00:52 Aug 02, 2018
Jkt 079200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6201
E:\BILLS\H6147.RDS
H6147
lotter on DSKBCFDHB2PROD with BILLS