II
103D CONGRESS
2D SESSION
H. R. 4922
IN THE SENATE OF THE UNITED STATES
OCTOBER 6 (legislative day, SEPTEMBER 12), 1994
Received
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 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,
TITLE I—INTERCEPTION OF DIG-
ITAL 
AND 
OTHER 
COMMU-
NICATIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Communications As-
sistance 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 identi-
fies 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
Communications Commission.
(4) The term ‘‘electronic messaging services’’
means software-based services that enable the shar-
ing of data, images, sound, writing, or other infor-
mation among computing devices controlled by the
senders or recipients of the messages.
(5) The term ‘‘government’’ means the govern-
ment of the United States and any agency or instru-
mentality thereof, the District of Columbia, any
commonwealth, territory, or possession 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 telecommunications;
and
(B) includes—
(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
telecommunications carrier’s internal manage-
ment, control, or operation of its telecommuni-
cations network.
(7) The term ‘‘telecommunications support
services’’ means a product, software, or service used
by a telecommunications carrier for the internal sig-
naling or switching functions of its telecommuni-
cations network.
(8) The term ‘‘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; 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))); or
(ii) a person or entity engaged in pro-
viding 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 title; but
(C) does not include—
(i) persons or entities insofar as they
are engaged in providing information serv-
ices; and
(ii) any class or category of tele-
communications carriers that the Commis-
sion exempts by rule after consultation
with the Attorney General.
SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.
(a) CAPABILITY REQUIREMENTS.—Except as pro-
vided in subsections (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 serv-
ices that provide a customer or subscriber with the ability
to originate, terminate, or direct communications are ca-
pable of—
(1) expeditiously isolating and enabling the gov-
ernment, pursuant to a court order or other lawful
authorization, 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 equipment,
facility, or service, or at such later time as may be
acceptable to the government;
(2) expeditiously isolating and enabling the gov-
ernment, pursuant to a court order or other lawful
authorization, 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 associ-
ated with the communication to which it per-
tains,
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 infor-
mation 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-identifying information to the government, pur-
suant 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
premises of the carrier; and
(4) 
facilitating 
authorized 
communications
interceptions and access to call-identifying informa-
tion unobtrusively and with a minimum of inter-
ference with any subscriber’s telecommunications
service and in a manner that protects—
(A) the privacy and security of communica-
tions and call-identifying information not au-
thorized to be intercepted; and
(B) information regarding the govern-
ment’s interception of communications and ac-
cess to call-identifying information.
(b) LIMITATIONS.—
(1) DESIGN OF FEATURES AND SYSTEMS CON-
FIGURATIONS.—This title does not authorize any law
enforcement agency or officer—
(A) to require any specific design of equip-
ment, facilities, services, features, or system
configurations to be adopted by any provider of
a wire or electronic communication service, any
manufacturer of telecommunications equipment,
or any provider of telecommunications support
services; or
(B) to prohibit the adoption of any equip-
ment, facility, service, or feature by any pro-
vider of a wire or electronic communication
service, any manufacturer of telecommuni-
cations equipment, or any provider of tele-
communications support services.
(2) INFORMATION
SERVICES; PRIVATE
NET-
WORKS AND INTERCONNECTION SERVICES AND FA-
CILITIES.—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 commu-
nications for private networks or for the sole
purpose of interconnecting telecommunications
carriers.
(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 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
REQUIRE-
MENTS.—A telecommunications 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 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 made
available to the government (before, during, or imme-
diately after the transfer of such communications) identi-
fying the provider of 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
REQUIREMENTS.—
(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, tele-
communications carriers, providers of telecommuni-
cations support services, and manufacturers of tele-
communications equipment, and after notice and
comment, the Attorney General shall publish in the
Federal Register and provide to appropriate tele-
communications industry associations and standard-
setting organizations—
(A) notice of the actual number of commu-
nication interceptions, pen registers, and trap
and trace devices, representing a portion of the
maximum capacity set forth under subpara-
graph (B), that the Attorney General estimates
that government agencies authorized to conduct
electronic surveillance may conduct and use si-
multaneously by the date that is 4 years after
the date of enactment of this title; and
(B) 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 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 equip-
ment, type of service, number of subscribers,
type or size of carrier, nature of service area,
of any other measure; and
(B) shall identify, to the maximum extent
practicable, the capacity required at specific ge-
ographic 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 sub-
section (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 telecommuni-
cations carrier shall, subject to subsection (e), en-
sure that it can accommodate expeditiously any in-
crease in the actual number of communication inter-
ceptions, 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
REQUIREMENTS.—
(1) NOTICE.—The Attorney General shall peri-
odically publish in the Federal Register, after notice
and comment, notice of any necessary increases in
the maximum capacity requirement set forth in the
notice under subsection (a)(1)(B).
(2) COMPLIANCE.—Within 3 years after notice
of increased maximum capacity requirements is pub-
lished 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 ca-
pacity requirements pursuant to subsection (a) or (c), a
telecommunications carrier shall submit to the Attorney
General a statement identifying any of its systems or serv-
ices that do not have the capacity to accommodate simul-
taneously the number of interceptions, pen registers, and
trap and trace devices set forth in the notice under such
subsection.
(e) REIMBURSEMENT
REQUIRED
FOR
COMPLI-
ANCE.—The Attorney General shall review the statements
submitted under subsection (d) and may, subject to the
availability of appropriations, agree to reimburse a tele-
communications carrier for costs directly associated 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 compliance 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-identify-
ing 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 the carrier acting
in accordance with regulations prescribed by the Commis-
sion.
SEC. 106. 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 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 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, facilities, or services such features or modi-
fications as are necessary to permit such carriers to com-
ply with the capability requirements of section 103 and
the capacity requirements identified by the Attorney Gen-
eral 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 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, with representatives of users of telecommuni-
cations equipment, facilities, and services, and with
State utility commissions.
(2) COMPLIANCE
UNDER
ACCEPTED
STAND-
ARDS.—A telecommunications carrier shall be found
to be in compliance with the assistance capability re-
quirements 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 avail-
able technical requirements or standards adopted by
an industry association or standard-setting organiza-
tion, 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 implement-
ing the assistance capability requirements of section
103 shall not—
(A) preclude a telecommunications carrier,
manufacturer, or telecommunications support
services provider from deploying a technology or
service; or
(B) relieve a carrier, manufacturer, or tele-
communications support services provider of the
obligations imposed by section 103 or 106, as
applicable.
(b) COMMISSION AUTHORITY.—If industry associa-
tions or standard-setting organizations fail to issue tech-
nical requirements or standards or if a government agency
or any other person believes that such requirements or
standards are deficient, the agency or person may petition
the Commission to establish, by rule, technical require-
ments or standards that—
(1) meet the assistance capability requirements
of section 103 by cost-effective methods;
(2) protect the privacy and security of commu-
nications not authorized to be intercepted;
(3) minimize the cost of such compliance on
residential ratepayers;
(4) serve the policy of the United States to en-
courage the provision of new technologies and serv-
ices 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 tele-
communications carriers under section 103 during
any transition period.
(c) EXTENSION OF COMPLIANCE DATE FOR EQUIP-
MENT, FACILITIES, AND SERVICES.—
(1) PETITION.—A telecommunications carrier
proposing to install or deploy, or having installed or
deployed, any equipment, 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 require-
ments under section 103.
(2) GROUNDS FOR EXTENSION.—The Commis-
sion may, after consultation with the Attorney Gen-
eral, grant an extension under this subsection, if the
Commission determines that compliance with the as-
sistance 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 subsection 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 103; or
(B) the date that is 2 years after the date
on which the extension is granted.
(4) APPLICABILITY OF EXTENSION.—An exten-
sion 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 enforcement for implementing the
interception of communications or access to call-
identifying information; and
(2) compliance with the requirements of this
title is reasonably 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, consider-
ing the good faith efforts to comply in a timely manner,
any effect on the carrier’s, manufacturer’s, or service pro-
vider’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 reim-
burse such carrier;
(2) require any telecommunications carrier to
comply with assistance capability requirement of sec-
tion 103 if the Commission has determined (pursu-
ant to section 109(b)(1)) that compliance is not rea-
sonably 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 assist-
ance capability requirements 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 telecommunications carrier for all rea-
sonable costs directly associated with modifica-
tions necessary to bring the equipment, facility,
or service into compliance with those require-
ments; or
(B) the equipment, facility, or service has
been replaced or significantly upgraded or oth-
erwise undergoes major modification.
SEC. 109. PAYMENT OF COSTS OF TELECOMMUNICATIONS
CARRIERS TO COMPLY WITH CAPABILITY RE-
QUIREMENTS.
(a) EQUIPMENT, FACILITIES, AND SERVICES DE-
PLOYED ON OR BEFORE JANUARY 1, 1995.—The Attor-
ney General may, subject to the availability of appropria-
tions, agree to pay telecommunications carriers for all rea-
sonable costs directly associated with the modifications
performed by carriers in connection with equipment, facili-
ties, and services installed or deployed on or before Janu-
ary 1, 1995, to establish the capabilities necessary to com-
ply with section 103.
(b) EQUIPMENT, FACILITIES, AND SERVICES DE-
PLOYED AFTER JANUARY 1, 1995.—
(1) DETERMINATIONS OF REASONABLY ACHIEV-
ABLE.—The Commission, on petition from a tele-
communications carrier or any other interested per-
son, and after notice to the Attorney General, shall
determine whether compliance with the assistance
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 signifi-
cant 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 na-
tional security.
(B) The effect on rates for basic residen-
tial telephone service.
(C) The need to protect the privacy and
security of communications not authorized to be
intercepted.
(D) The need to achieve the capability as-
sistance requirements of section 103 by cost-ef-
fective 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, facility, or service at issue.
(G) The policy of the United States to en-
courage the provision of new technologies and
services to the public.
(H) The financial resources of the tele-
communications carrier.
(I) The effect on competition in the provi-
sion of telecommunications services.
(J) The extent to which the design and de-
velopment 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 achievable with respect to equipment,
facilities, or services deployed after January 1,
1995—
(A) the Attorney General, on application of
a telecommunications carrier, may agree, sub-
ject to the availability of appropriations, to pay
the telecommunications carrier for the addi-
tional 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 car-
rier shall be deemed to be in compliance with
such capability requirements.
(c) ALLOCATION OF FUNDS FOR PAYMENT.—The At-
torney General shall allocate funds appropriated to carry
out this title in accordance with law enforcement priorities
determined by the Attorney General.
(d) FAILURE TO MAKE PAYMENT WITH RESPECT
TO EQUIPMENT, FACILITIES, AND SERVICES DEPLOYED
ON OR BEFORE JANUARY 1, 1995.—If a carrier has re-
quested payment in accordance with procedures promul-
gated pursuant to subsection (e), and the Attorney Gen-
eral has not agreed to pay the telecommunications carrier
for all reasonable costs directly associated with modifica-
tions 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 capability require-
ments of section 103 until the equipment, facility, or serv-
ice is replaced or significantly upgraded or otherwise un-
dergoes major modification.
(e) COST CONTROL REGULATIONS.—
(1) IN GENERAL.—The Attorney General shall,
after notice and comment, establish regulations nec-
essary to effectuate timely and cost-efficient pay-
ment to telecommunications carriers 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 Attor-
ney General, after consultation with the Commission,
shall prescribe regulations for purposes of determin-
ing reasonable costs under this title. Such regula-
tions shall seek to minimize the cost to the Federal
Government and shall—
(A) permit recovery from the Federal Gov-
ernment of—
(i) the direct costs of developing the
modifications described in subsection (a),