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Communications Assistance for Law Enforcement Act

(Bill as sent to the President)

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.
            (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.
            (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.
            (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
            (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;'.
            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'.
            (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.'.
            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.'.
            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 Act5,000'.
          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.
            (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.