[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4922 Received in Senate (RDS)]
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 purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Communications Assistance 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 identifies 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 sharing of data,
images, sound, writing, or other information among computing
devices controlled by the senders or recipients of the
messages.
(5) The term ``government'' means the government of the
United States and any agency or instrumentality 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 management,
control, or operation of its telecommunications
network.
(7) The term ``telecommunications support services'' means
a product, software, or service used by a telecommunications
carrier for the internal signaling or switching functions of
its telecommunications network.
(8) The term ``telecommunications carrier''--
(A) means a person or entity engaged in the
transmission or switching of wire or electronic
communications as a common carrier for hire; and
(B) includes--
(i) a person or entity engaged in providing
commercial mobile service (as defined in
section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d))); or
(ii) a person or entity engaged in
providing wire or electronic communication
switching or transmission service to the extent
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 services; and
(ii) any class or category of
telecommunications carriers that the Commission
exempts by rule after consultation with the
Attorney General.
SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.
(a) Capability Requirements.--Except as provided 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 services that provide a customer or subscriber with the
ability to originate, terminate, or direct communications are capable
of--
(1) expeditiously isolating and enabling the government,
pursuant to a court order or other lawful authorization, to
intercept, to the exclusion of any other communications, all
wire and electronic communications 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 government,
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 communication (or
at such later time as may be acceptable to the
government); and
(B) in a manner that allows it to be associated
with the communication to which it pertains,
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
information 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, pursuant 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 information unobtrusively and
with a minimum of interference with any subscriber's
telecommunications service and in a manner that protects--
(A) the privacy and security of communications and
call-identifying information not authorized to be
intercepted; and
(B) information regarding the government's
interception of communications and access to call-
identifying information.
(b) Limitations.--
(1) Design of features and systems configurations.--This
title does not authorize any law enforcement agency or
officer--
(A) to require any specific design of equipment,
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 equipment,
facility, service, or feature by any provider of a wire
or electronic communication service, any manufacturer
of telecommunications equipment, or any provider of
telecommunications support services.
(2) Information services; private networks and
interconnection services and facilities.--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 communications for
private networks or for the sole purpose of
interconnecting telecommunications carriers.
(3) Encryption.--A telecommunications carrier shall not be
responsible for decrypting, or ensuring the government's
ability to decrypt, any communication encrypted by a subscriber
or customer, unless 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 described 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 Requirements.--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 facilities 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
communications or access to call-identifying information pursuant 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 subscriber's use of such a feature or service, information is made
available 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.
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, telecommunications carriers,
providers of telecommunications support services, and
manufacturers of telecommunications equipment, and after notice
and comment, the Attorney General shall publish in the Federal
Register and provide to appropriate telecommunications industry
associations and standard-setting organizations--
(A) notice of the actual number of communication
interceptions, pen registers, and trap and trace
devices, representing a portion of the maximum capacity
set forth under subparagraph (B), that the Attorney
General estimates that government agencies authorized
to conduct electronic surveillance may conduct and use
simultaneously by the date that is 4 years after the
date of enactment of this title; and
(B) notice of the maximum capacity required to
accommodate all of the communication interceptions, pen
registers, and trap and trace devices that the Attorney
General estimates 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 equipment, 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
geographic 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 subsection (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 telecommunications carrier shall,
subject to subsection (e), ensure that it can accommodate
expeditiously any increase in the actual number of
communication interceptions, 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 periodically
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 published under paragraph (1),
or within such longer time period as the Attorney General may
specify, a telecommunications carrier shall, subject to
subsection (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 capacity requirements pursuant to
subsection (a) or (c), a telecommunications carrier shall submit to the
Attorney General a statement identifying any of its systems or services
that do not have the capacity to accommodate simultaneously the number
of interceptions, pen registers, and trap and trace devices set forth
in the notice under such subsection.
(e) Reimbursement Required for Compliance.--The Attorney General
shall review the statements submitted under subsection (d) and may,
subject to the availability of appropriations, agree to reimburse a
telecommunications 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-identifying 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 Commission.
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 manufacturers of its
telecommunications transmission and switching equipment and its
providers of telecommunications 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 telecommunications 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 modifications as are necessary to permit such
carriers to comply with the capability requirements of section 103 and
the capacity requirements identified by the Attorney General 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 Attorney General, in coordination with
other Federal, State, and local law enforcement agencies, shall
consult with appropriate associations and standard-setting
organizations of the telecommunications industry, with
representatives of users of telecommunications equipment,
facilities, and services, and with State utility commissions.
(2) Compliance under accepted standards.--A
telecommunications carrier shall be found to be in compliance
with the assistance capability requirements under section 103,
and a manufacturer of telecommunications transmission or
switching equipment or a provider of telecommunications support
services shall be found to be in compliance with section 106,
if the carrier, manufacturer, or support service provider is in
compliance with publicly available technical requirements or
standards adopted by an industry association or standard-
setting organization, 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 implementing 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
telecommunications support services provider of the
obligations imposed by section 103 or 106, as
applicable.
(b) Commission Authority.--If industry associations or standard-
setting organizations fail to issue technical 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 requirements
or standards that--
(1) meet the assistance capability requirements of section
103 by cost-effective methods;
(2) protect the privacy and security of communications not
authorized to be intercepted;
(3) minimize the cost of such compliance on residential
ratepayers;
(4) serve the policy of the United States to encourage the
provision of new technologies and services 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 telecommunications carriers under section
103 during any transition period.
(c) Extension of Compliance Date for Equipment, 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 requirements under section 103.
(2) Grounds for extension.--The Commission may, after
consultation with the Attorney General, grant an extension
under this subsection, if the Commission determines that
compliance with the assistance 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 Commission 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 extension 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, considering the good faith efforts to comply
in a timely manner, any effect on the carrier's, manufacturer's, or
service provider'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 reimburse such carrier;
(2) require any telecommunications carrier to comply with
assistance capability requirement of section 103 if the
Commission has determined (pursuant to section 109(b)(1)) that
compliance is not reasonably 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 assistance 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 reasonable costs
directly associated with modifications necessary to
bring the equipment, facility, or service into
compliance with those requirements; or
(B) the equipment, facility, or service has been
replaced or significantly upgraded or otherwise
undergoes major modification.
SEC. 109. PAYMENT OF COSTS OF TELECOMMUNICATIONS CARRIERS TO COMPLY
WITH CAPABILITY REQUIREMENTS.
(a) Equipment, Facilities, and Services Deployed on or Before
January 1, 1995.--The Attorney General may, subject to the availability
of appropriations, agree to pay telecommunications carriers for all
reasonable costs directly associated with the modifications performed
by carriers in connection with equipment, facilities, and services
installed or deployed on or before January 1, 1995, to establish the
capabilities necessary to comply with section 103.
(b) Equipment, Facilities, and Services Deployed After January 1,
1995.--
(1) Determinations of reasonably achievable.--The
Commission, on petition from a telecommunications carrier or
any other interested person, 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 significant
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 national
security.
(B) The effect on rates for basic residential
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 assistance
requirements of section 103 by cost-effective 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 encourage
the provision of new technologies and services to the
public.
(H) The financial resources of the
telecommunications carrier.
(I) The effect on competition in the provision of
telecommunications services.
(J) The extent to which the design and development
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, subject to the
availability of appropriations, to pay the
telecommunications carrier for the additional
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 carrier shall be
deemed to be in compliance with such capability
requirements.
(c) Allocation of Funds for Payment.--The Attorney 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
requested payment in accordance with procedures promulgated pursuant to
subsection (e), and the Attorney General has not agreed to pay the
telecommunications carrier for all reasonable costs directly associated
with modifications 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 requirements of section 103 until the equipment,
facility, or service is replaced or significantly upgraded or otherwise
undergoes major modification.
(e) Cost Control Regulations.--
(1) In general.--The Attorney General shall, after notice
and comment, establish regulations necessary to effectuate
timely and cost-efficient payment 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 Attorney General, after
consultation with the Commission, shall prescribe regulations
for purposes of determining reasonable costs under this title.
Such regulations shall seek to minimize the cost to the Federal
Government and shall--
(A) permit recovery from the Federal Government
of--
(i) the direct costs of developing the
modifications described in subsection (a), 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 lawfully authorized
electronic surveillance by a law enforcement agency of
a government, permit recovery of only the incremental
cost of making the modification suitable for such law
enforcement 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 modifications pursuant to this section and
that has installed or deployed such modification to submit to
the Attorney 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 remain 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 Security 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 telecommunications industry, shall submit to the
Congress a report--
(A) describing the type of equipment, facilities,
and services that have been brought into compliance
under this title; and
(B) reflecting its analysis of the reasonableness
and cost-effectiveness of the payments made by the
Attorney General to telecommunications 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 ASSISTANCE FOR LAW
ENFORCEMENT ACT.
(a) Court Orders Under Chapter 119.--Chapter 119 of title 18,
United States Code, is amended by inserting after section 2521 the
following new section:
``Sec. 2522. Enforcement of the Communications Assistance for Law
Enforcement Act
``(a) Enforcement by Court Issuing Surveillance Order.--If a court
authorizing an interception under this chapter, a State statute, or the
Foreign Intelligence 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
section 108 of such Act, direct that the carrier comply forthwith and
may direct that a provider of support services to the carrier or the
manufacturer of the carrier's transmission or switching equipment
furnish forthwith modifications necessary for the carrier to comply.
``(b) Enforcement Upon Application by Attorney General.--The
Attorney General may, in a civil action in the appropriate United
States district court, obtain an order, in accordance with section 108
of the Communications Assistance for Law Enforcement Act, directing
that a telecommunications carrier, a manufacturer of telecommunications
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 carrier, a manufacturer of
telecommunications transmission 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 whether 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 violator'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 culpability, and the length of
any delay in undertaking efforts to comply; and
``(C) such other matters as justice may require.
``(d) Definitions.--As used in this section, the terms defined in
section 102 of the Communications Assistance for Law Enforcement Act
have the meanings provided, 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
Enforcement 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 issued to enforce the assistance
capability and capacity requirements 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 subparagraph (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 transmitted between the
cordless telephone handset and the base unit,'' after
``cellular telephone communication,''; and
(2) in subsection (4)(b)(ii) by inserting ``a cordless
telephone communication that is transmitted between the
cordless telephone handset and the base unit,'' after
``cellular telephone communication,''.
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 subparagraph (E); and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) an electronic communication;''
SEC. 204. PENALTIES FOR MONITORING RADIO COMMUNICATIONS 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 MOBILE 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 following 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 altering or
modifying telecommunications instruments to obtain
unauthorized access to telecommunications 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, United States Code,
is amended--
(1) in paragraph (1) by inserting ``electronic serial
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 paragraph (6) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(7) the term `scanning receiver' means a device 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),
respectively; 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 governmental 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 customer of such service and the types of services the subscriber 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 described 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 information sought, are
relevant and material to an ongoing criminal investigation.''.
(b) Pen Registers and Trap and Trace Devices.--Section 3121 of
title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following 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 ATTORNEYS GENERAL IN THE
CRIMINAL DIVISION TO APPROVE CERTAIN COURT APPLICATIONS.
Section 2516(1) of title 18, United States Code, is amended by
inserting ``or acting Deputy Assistant Attorney 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 ENFORCEMENT 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 Assistance for Law Enforcement Act that require
common carriers--
``(1) to establish appropriate policies and procedures for
the supervision and control of its officers and employees--
``(A) to require appropriate authorization to
activate interception of communications or access to
call-identifying information; and
``(B) to prevent any such interception or access
without such authorization;
``(2) to maintain secure and accurate records of any
interception or access with or without such authorization; and
``(3) to submit to the Commission the policies and
procedures adopted to comply with the requirements established
under paragraphs (1) and (2).
``(c) Commission Review of Compliance.--The Commission shall review
the policies and procedures submitted under subsection (b)(3) and shall
order a common carrier to modify any such policy or procedure that the
Commission determines does not comply with Commission regulations. The
Commission shall conduct such investigations as may be necessary to
insure compliance by common carriers with the requirements of the
regulations prescribed under this section.
``(d) Penalties.--For purposes of this Act, a violation by an
officer or employee of any policy or procedure adopted by a common
carrier pursuant to subsection (b), or of a rule prescribed by the
Commission pursuant to subsection (a), shall be considered to be a
violation by the carrier of a rule prescribed by the Commission
pursuant to this Act.
``(e) Cost Recovery for Communications Assistance for Law
Enforcement Act Compliance.--
``(1) Petitions authorized.--A common carrier may petition
the Commission to adjust charges, practices, classifications,
and regulations to recover costs expended for making
modifications to equipment, facilities, or services pursuant to
the requirements of section 103 of the Communications
Assistance for Law Enforcement Act.
``(2) Commission authority.--The Commission may grant, with
or without modification, a petition under paragraph (1) if the
Commission determines that such costs are reasonable and that
permitting recovery is consistent with the public interest. The
Commission may, consistent with maintaining just and reasonable
charges, practices, classifications, and regulations in
connection with the provision of interstate or foreign
communication by wire or radio by a common carrier, allow
carriers to adjust such charges, practices, classifications,
and regulations in order to carry out the purposes of this Act.
``(3) Joint board.--The Commission shall convene a Federal-
State joint board to recommend appropriate changes to part 36
of the Commission's rules with respect to recovery of costs
pursuant to charges, practices, classifications, and
regulations under the jurisdiction of the Commission.''.
SEC. 302. RECOVERY OF COST OF COMMISSION PROCEEDINGS.
The schedule of application fees in section 8(g) of the
Communications Act of 1934 (47 U.S.C. 158(g)) is amended by inserting
under item 1 of the matter pertaining to common carrier services the
following additional subitem:
``d. Proceeding under section 109(b) of the 5,000''.
Communications Assistance for Law Enforcement
Act.
SEC. 303. CLERICAL AND TECHNICAL AMENDMENTS.
(a) Amendments to the Communications Act of 1934.--The
Communications Act of 1934 is amended--
(1) in section 4(f)(3), by striking ``overtime exceeds
beyond'' and inserting ``overtime extends beyond'';
(2) in section 5, by redesignating subsection (f) as
subsection (e);
(3) in section 8(d)(2), by striking ``payment of a'' and
inserting ``payment of an'';
(4) in the schedule contained in section 8(g), in item 7.f.
under the heading ``equipment approval services/experimental
radio'' by striking ``Additional Charge'' and inserting
``Additional Application Fee'';
(5) in section 9(f)(1), by inserting before the second
sentence the following:
``(2) Installment payments.--'';
(6) in the schedule contained in section 9(g), in the item
pertaining to interactive video data services under the private
radio bureau, insert ``95'' after ``47 C.F.R. Part'';
(7) in section 220(a)--
(A) by inserting ``(1)'' after ``(a); and
(B) by adding at the end the following new
paragraph:
``(2) The Commission shall, by rule, prescribe a uniform system of
accounts for use by telephone companies. Such uniform system shall
require that each common carrier shall maintain a system of accounting
methods, procedures, and techniques (including accounts and supporting
records and memoranda) which shall ensure a proper allocation of all
costs to and among telecommunications services, facilities, and
products (and to and among classes of such services, facilities, and
products) which are developed, manufactured, or offered by such common
carrier.'';
(8) in section 220(b), by striking ``clasess'' and
inserting ``classes'';
(9) in section 223(b)(3), by striking ``defendant restrict
access'' and inserting ``defendant restricted access'';
(10) in section 226(d), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(11) in section 227(b)(2)(C), by striking ``paragraphs''
and inserting ``paragraph'';
(12) in section 227(e)(2), by striking ``national
datebase'' and inserting ``national database'';
(13) in section 228(c), by redesignating the second
paragraph (2) and paragraphs (3) through (6) as paragraphs (3)
through (7), respectively;
(14) in section 228(c)(6)(D), by striking ``conservation''
and inserting ``conversation'';
(15) in section 308(c), by striking ``May 24, 1921'' and
inserting ``May 27, 1921'';
(16) in section 309(c)(2)(F), by striking ``section
325(b)'' and inserting ``section 325(c)'';
(17) in section 309(i)(4)(A), by striking ``Communications
Technical Amendments Act of 1982'' and inserting
``Communications Amendments Act of 1982'';
(18) in section 331, by amending the heading of such
section to read as follows:
``very high frequency stations and am radio stations'';
(19) in section 358, by striking ``(a)'';
(20) in part III of title III--
(A) by inserting before section 381 the following
heading:
``vessels transporting more than six passengers for hire required to be
equipped with radio telephone'';
(B) by inserting before section 382 the following
heading:
``vessels excepted from radio telephone requirement'';
(C) by inserting before section 383 the following
heading:
``exemptions by commission'';
(D) by inserting before section 384 the following
heading:
``authority of commission; operations, installations, and additional
equipment'';
(E) by inserting before section 385 the following
heading:
``inspections''; and
(F) by inserting before section 386 the following
heading:
``forfeitures'';
(21) in section 410(c), by striking ``, as referred to in
sections 202(b) and 205(f) of the Interstate Commerce Act,'';
(22) in section 613(b)(2), by inserting a comma after
``pole'' and after ``line'';
(23) in section 624(d)(2)(A), by inserting ``of'' after
``viewing'';
(24) in section 634(h)(1), by striking ``section
602(6)(A)'' and inserting ``section 602(7)(A)'';
(25) in section 705(d)(6), by striking ``subsection (d)''
and inserting ``subsection (e)'';
(26) in section 705(e)(3)(A), by striking ``paragraph (4)
of subsection (d)'' and inserting ``paragraph (4) of this
subsection'';
(27) in section 705, by redesignating subsections (f) and
(g) (as added by Public Law 100-667) as subsections (g) and
(h); and
(28) in section 705(h) (as so redesignated), by striking
``subsection (f)'' and inserting ``subsection (g)''.
(b) Amendments to the Communications Satellite Act of 1962.--The
Communications Satellite Act of 1962 is amended--
(1) in section 303(a)--
(A) by striking ``section 27(d)'' and inserting
``section 327(d)'';
(B) by striking ``sec. 29-911(d)'' and inserting
``sec. 29-327(d)'';
(C) by striking ``section 36'' and inserting
``section 336''; and
(D) by striking ``sec. 29-916d'' and inserting
``section 29-336(d)'';
(2) in section 304(d), by striking ``paragraphs (1), (2),
(3), (4), and (5) of section 310(a)'' and inserting
``subsection (a) and paragraphs (1) through (4) of subsection
(b) of section 310''; and
(3) in section 304(e)--
(A) by striking ``section 45(b)'' and inserting
``section 345(b)''; and
(B) by striking ``sec. 29-920(b)'' and inserting
``sec. 29-345(b)''; and
(4) in sections 502(b) and 503(a)(1), by striking ``the
Communications Satellite Corporation'' and inserting ``the
communications satellite corporation established pursuant to
title III of this Act''.
(c) Amendment to the Children's Television Act of 1990.--Section
103(a) of the Children's Television Act of 1990 (47 U.S.C. 303b(a)) is
amended by striking ``noncommerical'' and inserting ``noncommercial''.
(d) Amendments to the Telecommunications Authorization Act of
1992.--Section 205(1) of the Telecommunications Authorization Act of
1992 is amended--
(1) by inserting an open parenthesis before ``other than'';
and
(2) by inserting a comma after ``stations)''.
(e) Conforming Amendment.--Section 1253 of the Omnibus Budget
Reconciliation Act of 1981 is repealed.
(f) Stylistic Consistency.--The Communications Act of 1934 and the
Communications Satellite Act of 1962 are amended so that the section
designation and section heading of each section of such Acts shall be
in the form and typeface of the section designation and heading of this
section.
SEC. 304. ELIMINATION OF EXPIRED AND OUTDATED PROVISIONS.
(a) Amendments to the Communications Act of 1934.--The
Communications Act of 1934 is amended--
(1) in section 7(b), by striking ``or twelve months after
the date of the enactment of this section, if later'' both
places it appears;
(2) in section 212, by striking ``After sixty days from the
enactment of this Act it shall'' and inserting ``It shall'';
(3) in section 213, by striking subsection (g) and
redesignating subsection (h) as subsection (g);
(4) in section 214, by striking ``section 221 or 222'' and
inserting ``section 221'';
(5) in section 220(b), by striking ``, as soon as
practicable,'';
(6) by striking section 222;
(7) in section 224(b)(2), by striking ``Within 180 days
from the date of enactment of this section the Commission'' and
inserting ``The Commission'';
(8) in 226(e), by striking ``within 9 months after the date
of enactment of this section,'';
(9) in section 309(i)(4)(A), by striking ``The commission,
not later than 180 days after the date of the enactment of the
Communications Technical Amendments Act of 1982, shall,'' and
inserting ``The Commission shall,'';
(10) by striking section 328;
(11) in section 413, by striking ``, within sixty days
after the taking effect of this Act,'';
(12) in section 624(d)(2)(B)--
(A) by striking out ``(A)'';
(B) by inserting ``of'' after ``restrict the
viewing''; and
(C) by striking subparagraph (B);
(13) by striking sections 702 and 703;
(14) in section 704--
(A) by striking subsections (b) and (d); and
(B) by redesignating subsection (c) as subsection
(b);
(15) in section 705(g) (as redesignated by section
304(25)), by striking ``within 6 months after the date of
enactment of the Satellite Home Viewer Act of 1988, the Federal
Communications Commission'' and inserting ``The Commission'';
(16) in section 710(f)--
(A) by striking the first and second sentences; and
(B) in the third sentence, by striking
``Thereafter, the Commission'' and inserting ``The
Commission'';
(17) in section 712(a), by striking ``, within 120 days
after the effective date of the Satellite Home Viewer Act of
1988,''; and
(18) by striking section 713.
(b) Amendments to the Communications Satellite Act of 1962.--The
Communications Satellite Act of 1962 is amended--
(1) in section 201(a)(1), by striking ``as expeditiously as
possible,'';
(2) by striking sections 301 and 302 and inserting the
following:
``SEC. 301. CREATION OF CORPORATION.
``There is authorized to be created a communications satellite
corporation for profit which will not be an agency or establishment of
the United States Government.
``SEC. 302. APPLICABLE LAWS.
``The corporation shall be subject to the provisions of this Act
and, to the extent consistent with this Act, to the District of
Columbia Business Corporation Act. The right to repeal, alter, or amend
this Act at any time is expressly reserved.'';
(3) in section 304(a), by striking ``at a price not in
excess of $100 for each share and'';
(4) in section 404--
(A) by striking subsections (a) and (c); and
(B) by redesignating subsection (b) as section 404;
(5) in section 503--
(A) by striking paragraph (2) of subsection (a);
and
(B) by redesignating paragraph (3) of subsection
(a) as paragraph (2) of such subsection;
(C) by striking subsection (b);
(D) in subsection (g)--
(i) by striking ``subsection (c)(3)'' and
inserting ``subsection (b)(3)''; and
(ii) by striking the last sentence; and
(E) by redesignating subsections (c) through (h) as
subsections (b) through (g), respectively;
(5) by striking sections 505, 506, and 507; and
(6) by redesignating section 508 as section 505.
Passed the House of Representatives October 5, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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