H.R. 3321, CALEA Implementation Amendments of 1998 Bill,

as introduced in House (Mar. 4, 1998)

(Died in committee, 1998)

HR 3321 IH

To amend the Communications Assistance for Law Enforcement Act, and for other purposes.

March 4, 1998

Mr. BARR of Georgia introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Communications Assistance for Law Enforcement Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `CALEA Implementation Amendments of 1998'.

SEC. 2. PAYMENTS FOR EQUIPMENT DEVELOPED TO COMPLY WITH ASSISTANCE CAPABILITY REQUIREMENTS.

(a) DEFINITIONS- Section 102 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001) is amended by adding at the end the following new paragraphs:

`(9) The term `installed' means equipment, facilities, or services that are operable and available for use anywhere in a carrier's network.

`(10) The term `deployed' means equipment, facilities, or services that are available anywhere within the telecommunications industry whether or not such equipment, facilities, or services were installed or utilized within the network of the carrier.

`(11) The term `significantly upgraded or otherwise undergoes major modification' means a substantial change in a carrier's system configuration, or hardware or software that fundamentally alters the equipment, facility, or services. An upgrade or modification performed by a carrier in the ordinary course of business or one that is required by Federal or State law shall not be deemed a significant upgrade or major modification for purposes of this Act.

`(12) Compliance with section 103 or section 106 is not `reasonably achievable' with respect to equipment, facilities, or services that have been installed, deployed, replaced, significantly upgraded, or otherwise undergone a major modification before the date that is 24 months following adoption of publicly available technical requirements or standards by an industry association or standard-setting organization, or by the Commission, as provided under section 107, to meet the requirements of section 103, whichever is later.'.

(b) ENFORCEMENT ORDERS- Section 108(c)(3) of such Act (47 U.S.C. 1007(c)(3)) is amended by striking `on or before January 1, 1995' and inserting `before October 1, 2000'.

(c) PAYMENT OF COSTS- Section 109 of such Act (47 U.S.C. 1008) is amended--

(1) in subsection (a)--

(A) by striking `JANUARY 1, 1995' in the heading and inserting `OCTOBER 1, 2000';

(B) by striking `January 1, 1995,' and inserting `October 1, 2000';

(2) in subsection (b)--

(A) by striking `JANUARY 1, 1995' in the heading and inserting `OCTOBER 1, 2000';

(B) by striking `January 1, 1995' in the matter preceding subparagraph (A) of paragraph (1) and inserting `October 1, 2000';

(C) by striking `January 1, 1995' in subparagraph (J) and inserting `October 1, 2000'; and

(D) by striking `January 1, 1995' in paragraph (2) and inserting `October 1, 2000';

(3) in subsection (d)--

(A) by striking `JANUARY 1, 1995' in the heading and inserting `OCTOBER 1, 2000'; and

(B) by striking `January 1, 1995' and inserting `October 1, 2000';

(d) EXTENSION OF EFFECTIVE DATE- Section 111(b) of such Act (47 U.S.C. 1001 note) is amended by striking `on the date that is 4 years after the date of enactment of this Act' and inserting `October 1, 2000'.

END

Please send any questions or comments to webmaster@eff.org