by Unknown
(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 require-
ments 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 autho-
rized to be intercepted;
(3) minimize the cost of such compliance on residential ratepayers;
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311
(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 instal ed 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 comply-
ing with the assistance capability requirements under section 103.
(2) Grounds for Extension—The Commission may, after consulta-
tion 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 avail-
able 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 require-
ments 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.
§ 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 rea-
sonably achievable if timely action had been taken.
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(b) Time for Compliance—Upon issuing an order enforcing this title,
the court shall specify a reasonable time and conditions for comply-
ing 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 assis-
tance 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 pur-
pose 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 telecommunica-
tions 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 signifi-
cantly upgraded or otherwise undergoes major modification.
§ 109. Payment of Costs of Telecommunications
Carriers to Comply with Capability Requirements
(a) Equipment, Facilities, and Services Deployed on or Before January 1, 1995—The Attorney General may, subject to the availability of
appropriations, agree to pay telecommunications carriers for all rea-
sonable 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
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313
of section 103 is reasonably achievable with respect to any equip-
ment, facility, or service instal ed 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 fol owing 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 communica-
tions 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 ser-
vice 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 telecomm
unications carrier.
(I) The effect on competition in the provision of telecommuni-
cations services.
(J) The extent to which the design and development of the equip-
ment, 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 capabil-
ity 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 telecommunica-
tions carrier, may agree, subject to the availability of appro-
priations, 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 com-
pliance with such capability requirements.
(c) Allocation of Funds for Payment—The Attorney General shall allo-
cate 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
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requested payment in accordance with procedures promulgated pur-
suant 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 com-
pliance with the assistance capability requirements of section 103,
such equipment, facility, or service shall be considered to be in com-
pliance 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 shal , 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 Surveil ance 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 shal
seek to minimize the cost to the Federal Government and shal —
(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 non-governmental entity;
(ii) the costs of training personnel in the use of such capa-
bilities or capacities; and
(iii) the direct costs of deploying or installing such capabili-
ties or capacities;
(B) in the case of any modification that may be used for any
purpose other than lawfully-authorized electronic surveil-
lance by a law enforcement agency of a government, permit
recovery of only the incremental cost of making the modifi-
cation suitable for such law enforcement purposes; and
(C) maintain the confidentiality of trade secrets.
(3) Submission of Claims—Such regulations shall require any tele-
communications 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.
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315
§ 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.
§ 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.
§ 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 telecom-
munications 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 cur-
rent 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
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103 after the effective date of such section 103, including pro-
jections of the amounts expected to be incurred and a descrip-
tion of the equipment, facilities, or services for which they are
expected to be incurred.
Title II: Amendments to Title 18, United States Code
§ 201. Court Enforcement of Communications
Assistance for Law Enforcement Act
(a) Court Orders under Chapter 119: Ch
apter 119 of title 18, United
States Code, is amended by inserting after section 2521 the following
new section:
Ҥ 2522. Enforcement of the Communications
Assistance for Law Enforcement Act
“(a) Enforcement by Court Issuing Surveillance Order—If a court autho-
rizing 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 telecommuni-
cations transmission or switching equipment, or a provider of tele-
communications 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
