Text: H.R.4922 — 103rd Congress (1993-1994)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4922 Enrolled Bill (ENR)]

        H.R.4922

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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 a 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 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 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 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 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.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.