103d CONGRESS H. R. 4922 As Engrossed in the House
Note: This document is the unofficial version of a Bill or Resolution.
The printed Bill and Resolution produced by the Government Printing
Office is the only official version.
VERSION As Engrossed in the House
CONGRESS 103d CONGRESS
2d Session
BILL H. R. 4922
--------------------
TEXT 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
comm.
ercial 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 c.
oncurrently 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 REQUIRE.
MENTS.
(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 or carrier,
nature of service area, or 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 EQUIPMEN.
T 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 St.
ate 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 communic.
ations 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 exten.
sion . - 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 carr.
ier 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 initi.
ated 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 w.
ith 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
surveillanc.
e 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 swi.
tching 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
Assista.
nce 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
TRA.
NSMITTED 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 subpa.
ragraph (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
offi.
cer 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 fe.
es 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 Communications
Assistance for Law Enforcement Act 5,000`.
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 acc.
ounts
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 sub.
sections (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 pa.
renthesis 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 Governm.
ent.
`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:
Clerk.
.