[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                              S E N A T E


Vol. 140


WASHINGTON, FRIDAY, OCTOBER 7, 1994

No. 145--Part II


Senate


(Legislative day of Monday, September 12, 1994)

           THE TELECOMMUNICATIONS CARRIER'S DUTY ACT OF 1994

  Mr. BREAUX. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 684, S. 2375, a 
bill relating to a telecommunications carrier's duty to assist law 
enforcement.
  The PRESIDING OFFICER. The bill will be stated by title.
  The legislative clerk read as follows:

       A bill (S. 2375) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 119 the following new 
     chapter:

 ``CHAPTER 120--TELECOMMUNICATIONS CARRIER ASSISTANCE TO THE GOVERNMENT

``Sec.
``2601. Definitions.
``2602. Assistance capability requirements.
``2603. Notices of capacity requirements.
``2604. Systems security and integrity.
``2605. Cooperation of equipment manufacturers and providers of 
              telecommunications support services.
``2606. Technical requirements and standards; extension of compliance 
              date.
``2607. Enforcement orders.
``2608. Payment of costs of telecommunications carriers.

     ``Sec. 2601. Definitions

       ``(a) Definitions.--In this chapter--
       ``the terms defined in section 2510 have, respectively, the 
     meanings stated in that section.
       ```call-identifying information'--
       ``(A) means all dialing or signalling information that 
     identifies the origin, direction, destination, or termination 
     of each communication generated or received by the subscriber 
     equipment, facility, or service of a telecommunications 
     carrier that is the subject of a court order or lawful 
     authorization; but
       ``(B) does 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).
       ```Commission' means the Federal Communications Commission.
       ```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.
       ```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 electronic publishing and electronic 
     messaging services; but
       ``(C) does not include any capability for a 
     telecommunications carrier's internal management, control, or 
     operation of its telecommunications network.
       ``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.
       ```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 (within the meaning of section 3(h) of the 
     Communications Act of 1934 (47 U.S.C. 153(h)));
       ``(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 chapter; but
       ``(C) does not include persons or entities insofar as they 
     are engaged in providing information services.

     ``Sec. 2602. Assistance capability requirements

       ``(a) Capability Requirements.--Except as provided in 
     subsections (b), (c), and (d) of this section, and subject to 
     section 2607(c), a telecommunications carrier shall ensure 
     that its services or facilities 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 
     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 service, 
     facility, or equipment or at such later time as may be 
     acceptable to the government;
       ``(2) expeditiously isolating and enabling the government 
     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), 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 in a format such 
     that they may be transmitted by means of 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 
     chapter does not authorize any law enforcement agency or 
     officer--
       ``(A) to require any specific design of features or system 
     configurations to be adopted by providers of wire or 
     electronic communication service, manufacturers of 
     telecommunications equipment, or providers of 
     telecommunications support services; or
       ``(B) to prohibit the adoption of any feature or service by 
     providers of wire or electronic communication service, 
     manufacturers of telecommunications equipment, or providers 
     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) services or facilities 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 this title and section 
     1805(e) of title 50), a carrier at its discretion may fulfill 
     its responsibilities under 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 offering a feature or service that 
     allows subscribers to redirect, hand off, or assign their 
     wire or electronic communications to another service area or 
     another service provider or to utilize facilities in another 
     service area or of another service provider shall ensure 
     that, when the carrier that had been providing assistance for 
     the interception of wire or electronic communications or 
     access to call-identifying information pursuant to a court 
     order or lawful authorization no longer has access to the 
     content of such communications or call-identifying 
     information within the service area in which interception has 
     been occurring as a result of the subscriber's use of such a 
     feature or service, information is made available to the 
     government (before, during, or immediately after the transfer 
     of such communications) identifying the provider of wire or 
     electronic communication service that has acquired access to 
     the communications.

     ``Sec. 2603. 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 chapter, 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 carrier associations, standard-setting 
     organizations, and for a--
       ``(A) 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; and
       ``(B) notice of the number of communication interceptions, 
     pen registers, and trap and trace devices, representing a 
     portion of the maximum capacity set forth under subparagraph 
     (A), 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 chapter.
       ``(2) Basis of notices.--The notices issued under paragraph 
     (1) may be based upon the type of equipment, type of service, 
     number of subscribers, geographic location, or other measure.
       ``(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 chapter, whichever is longer, a telecommunications 
     carrier shall ensure that its systems are capable of--
       ``(A) expanding to the maximum capacity set forth in the 
     notice under subsection (a)(1)(A); and
       ``(B) accommodating simultaneously the number of 
     interceptions, pen registers, and trap and trace devices 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 ensure that it can accommodate expeditiously any 
     increase in the 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)(A).
       ``(c) Notices of Increased Maximum Capacity Requirements.--
       ``(1) The Attorney General shall periodically provide to 
     telecommunications carriers written notice of any necessary 
     increases in the maximum capacity requirement set forth in 
     the notice under subsection (a)(1)(A).
       ``(2) Within 3 years after receiving written notice of 
     increased capacity requirements under paragraph (1), or 
     within such longer time period as the Attorney General may 
     specify, a telecommunications carrier shall ensure that its 
     systems are capable of expanding to the increased maximum 
     capacity set forth in the notice.

     ``Sec. 2604. Systems security and integrity

       ``A telecommunications carrier shall ensure that any court 
     ordered or lawfully authorized interception of communications 
     or access to call-identifying information effected within its 
     switching premises can be activated only with the affirmative 
     intervention of an individual officer or employee of the 
     carrier.

     ``Sec. 2605. 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 identifying any service or 
     equipment, including hardware and software, that may require 
     modification so as to permit compliance with this chapter.
       ``(b) Modification of Equipment and Services.--Subject to 
     section 2607(c), 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 or 
     services such modifications as are necessary to permit such 
     carriers to comply with this chapter.

     ``Sec. 2606. 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 2602, 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 and with representatives of users of 
     telecommunications services and facilities.
       ``(2) Compliance under accepted standards.--A 
     telecommunications carrier shall be found to be in compliance 
     with the assistance capability requirements under section 
     2602, 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 2605, 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 2602.
       ``(3) Absence of standards.--The absence of technical 
     requirements or standards for implementing the assistance 
     capability requirements of section 2602 shall not--
       ``(A) preclude a carrier, manufacturer, or services 
     provider from deploying a technology or service; or
       ``(B) relieve a carrier, manufacturer, or service provider 
     of the obligations imposed by section 2602 or 2605, as 
     applicable.
       ``(b) FCC Authority.--
       ``(1) In general.--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 notice and comment rulemaking or such other 
     proceedings as the Commission may be authorized to conduct, 
     technical requirements or standards that--
       ``(A) meet the assistance capability requirements of 
     section 2602;
       ``(B) protect the privacy and security of communications 
     not authorized to be intercepted; and
       ``(C) serve the policy of the United States to encourage 
     the provision of new technologies and services to the public.
       ``(2) Transition period.--If an industry technical 
     requirement or standard is set aside or supplanted as a 
     result of Commission action under this section, the 
     Commission, after consultation with the Attorney General, 
     shall establish a reasonable time and conditions for 
     compliance with and the transition to any new standard, 
     including defining the obligations of telecommunications 
     carriers under section 2602 during any transition period.
       ``(c) Extension of Compliance Date for Features and 
     Services.--
       ``(1) Petition.--A telecommunications carrier proposing to 
     deploy, or having deployed, a feature or service within 4 
     years after the date of enactment of this chapter may 
     petition the Commission for 1 or more extensions of the 
     deadline for complying with the assistance capability 
     requirements under section 2602.
       ``(2) Ground for extension.--The Commission may, after 
     affording a full opportunity for hearing and after 
     consultation with the Attorney General, grant an extension 
     under this paragraph, if the Commission determines that 
     compliance with the assistance capability requirements under 
     section 2602 is not reasonably achievable through application 
     of technology available within the compliance period.
       ``(3) Length of extension.--An extension under this 
     paragraph 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 2602; 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 feature or service is used.

     ``Sec. 2607. Enforcement orders

       ``(a) Enforcement by Court Issuing Surveillance Order.--If 
     a court authorizing an interception under chapter 119, 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 in this chapter, the 
     court may 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 apply to the appropriate United 
     States district court for, and the United States district 
     courts shall have jurisdiction to issue, an order directing 
     that a telecommunications carrier, a manufacturer of 
     telecommunications transmission or switching equipment, or a 
     provider of telecommunications support services comply with 
     this chapter.
       ``(c) Grounds for Issuance.--A court shall issue an order 
     under subsection (a) or (b) 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 chapter is 
     reasonably achievable through the application of available 
     technology to the feature or service at issue or would have 
     been reasonably achievable if timely action had been taken.
       ``(d) Time for Compliance.--Upon issuance of an enforcement 
     order under this section, 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.
       ``(e) Limitation.--An order under this section may not 
     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 notice has been provided under section 
     2603.
       ``(f) 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 
     fine 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.
       ``(3) Civil action.--The Attorney General may file a civil 
     action in the appropriate United States district court to 
     collect, and the United States district courts shall have 
     jurisdiction to impose, such fines.

     ``Sec. 2608. Payment of costs of telecommunications carriers

       ``(a) Equipment, Features, and Services Deployed Before 
     Date of Enactment; Capacity Costs.--The Attorney General 
     shall, subject to the availability of appropriations, pay 
     telecommunications carriers for all reasonable costs directly 
     associated with--
       ``(1) the modifications performed by carriers prior to the 
     effective date of section 2602 or prior to the expiration of 
     any extension granted under section 2606(c) to establish, 
     with respect to equipment, features, and services deployed 
     before the date of enactment of this chapter, the 
     capabilities necessary to comply with section 2602;
       ``(2) meeting the maximum capacity requirements set forth 
     in the notice under section 2603(a)(1)(A); and
       ``(3) expanding existing facilities to accommodate 
     simultaneously the number of interceptions, pen registers and 
     trap and trace devices for which notice has been provided 
     under section 2603(a)(1)(B).
       ``(b) Equipment, Features, and Services Deployed On or 
     After Date of Enactment.--
       ``(1) In general.--If compliance with the assistance 
     capability requirements of section 2602 is not reasonably 
     achievable with respect to equipment, features, or services 
     deployed on or after the date of enactment of this chapter, 
     the Attorney General, on application of a telecommunications 
     carrier, may pay the telecommunications carrier reasonable 
     costs directly associated with achieving compliance.
       ``(2) Consideration.--In determining whether compliance 
     with the assistance capability requirements of section 2602 
     is reasonably achievable with respect to any equipment, 
     feature, or service deployed the date of enactment of this 
     chapter, consideration shall be given to the time when the 
     equipment, feature, or service was deployed.
       ``(c) Allocation of Funds for Payment.--The Attorney 
     General shall allocate funds appropriated to carry out this 
     chapter in accordance with law enforcement priorities 
     determined by the Attorney General.
       ``(d) Failure To Make Payment With Respect To Equipment, 
     Features, and Services Deployed Before Date of Enactment.--
       ``(1) Considered to be in compliance.--Unless the Attorney 
     General has agreed to pay the telecommunications carrier for 
     all reasonable costs directly associated with modifications 
     necessary to bring the equipment, feature, or service into 
     actual compliance with those requirements, provided the 
     carrier has requested payment in accordance with procedures 
     promulgated pursuant to subsection (e), any equipment, 
     feature, or service of a telecommunications carrier deployed 
     before the date of enactment of this chapter shall be 
     considered to be in compliance with the assistance capability 
     requirements of section 2602 unless the equipment, feature, 
     or service is replaced or significantly upgraded or otherwise 
     undergoes major modification.
       ``(2) Limitation on order.--An order under section 2607 
     shall not require a telecommunications carrier to modify, for 
     the purpose of complying with the assistance capability 
     requirements of section 2602, any equipment, feature, or 
     service deployed before the date of enactment of this chapter 
     unless the Attorney General has agreed to pay the 
     telecommunications carrier for all reasonable costs directly 
     associated with modifications necessary to bring the 
     equipment, feature, or service into actual compliance with 
     those requirements.
       ``(e) Procedures and Regulations.--Notwithstanding any 
     other law, the Attorney General shall, after notice and 
     comment, establish any procedures and regulations deemed 
     necessary to effectuate timely and cost-efficient payment to 
     telecommunications carriers for compensable costs incurred 
     under this chapter, under chapters 119 and 121, and under the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).
       ``(f) Dispute Resolution.--If there is a dispute between 
     the Attorney General and a telecommunications carrier 
     regarding the amount of reasonable costs to be paid under 
     subsection (a), the dispute shall be resolved and the amount 
     determined in a proceeding initiated at the Commission or by 
     the court from which an enforcement order is sought under 
     section 2607.''.
       (b) Technical Amendment.--The part analysis for part I of 
     title 18, United States Code, is amended by inserting after 
     the item relating to chapter 119 the following new item:

``120. Telecommunications carrier assistance to the Governme2601''.....

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out 
     section 2608 of title 18, United States Code, as added by 
     section 1--
       (1) a total of $500,000,000 for fiscal years 1995, 1996, 
     and 1997; and
       (2) such sums as are necessary for each fiscal year 
     thereafter,

     such sums to remain available until expended.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--Except as provided in paragraph (2), 
     chapter 120 of title 18, United States Code, as added by 
     section 1, shall take effect on the date of enactment of this 
     Act.
       (b) Assistance Capability and Systems Security and 
     Integrity Requirements.--Sections 2602 and 2604 of title 18, 
     United States Code, as added by section 1, shall take effect 
     on the date that is 4 years after the date of enactment of 
     this Act.

     SEC. 4. 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 for 5 years 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 in payment to telecommunications 
     carriers under section 2608 of title 18, United States Code, 
     as added by section 1.
       (2) Contents.--A report under paragraph (1) shall include--
       (A) a detailed accounting of the amounts paid to each 
     carrier and the technology, equipment, feature 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 technologies, equipment, 
     features 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 April 1, 1998, the Comptroller General of the 
     United States, after consultation with the Attorney General 
     and the telecommunications industry, shall submit to the 
     Congress a report 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 chapter 120 
     of title 18, United States Code, as added by section 1.
       (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 after the 
     compliance date, including projections of the amounts 
     expected to be incurred and the technologies, equipment, 
     features or services for which expenses are expected to be 
     incurred by telecommunications carriers to comply with the 
     assistance capability requirements in the first 5 years after 
     the effective date of section 2602.

     SEC. 5. 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. 6. 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. 7. 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''.

     SEC. 8. 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. 9. 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. 10. 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, 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 signalling information 
     utilized in call processing.''.

  Mr. BREAUX. Mr. President, I ask unanimous consent that the committee 
substitute be agreed to, that the bill be read a third time, passed, 
the motion to reconsider be tabled and any statements appear at the 
appropriate place in the Record as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  So the bill (S. 2375), as amended, was deemed read for a third time 
and passed, as follows:
  (The text of the bill will be printed in a future edition of the 
Record.)

                          ____________________