§ 1021. — Department of Justice Telecommunications Carrier Compliance Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC1021]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SUBCHAPTER II--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
Sec. 1021. Department of Justice Telecommunications Carrier
Compliance Fund
(a) Establishment of Fund
There is hereby established in the United States Treasury a fund to
be known as the Department of Justice Telecommunications Carrier
Compliance Fund (hereafter referred to as ``the Fund''), which shall be
available without fiscal year limitation to the Attorney General for
making payments to telecommunications carriers, equipment manufacturers,
and providers of telecommunications support services pursuant to section
1008 of this title.
(b) Deposits to Fund
Notwithstanding any other provision of law, any agency of the United
States with law enforcement or intelligence responsibilities may deposit
as offsetting collections to the Fund any unobligated balances that are
available until expended, upon compliance with any Congressional
notification requirements for reprogrammings of funds applicable to the
appropriation from which the deposit is to be made.
(c) Termination
(1) The Attorney General may terminate the Fund at such time as the
Attorney General determines that the Fund is no longer necessary.
(2) Any balance in the Fund at the time of its termination shall be
deposited in the General Fund of the Treasury.
(3) A decision of the Attorney General to terminate the Fund shall
not be subject to judicial review.
(d) Availability of funds for expenditure
Funds shall not be available for obligation unless an implementation
plan as set forth in subsection (e) of this section is submitted to each
member of the Committees on the Judiciary and Appropriations of both the
House of Representatives and the Senate and the Congress does not by law
block or prevent the obligation of such funds. Such funds shall be
treated as a reprogramming of funds under section 605 of the Department
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997, and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section and this section.
(e) Implementation plan
The implementation plan shall include:
(1) the law enforcement assistance capability requirements and
an explanation of law enforcement's recommended interface;
(2) the proposed actual and maximum capacity requirements for
the number of simultaneous law enforcement communications
intercepts, pen registers, and trap and trace devices that
authorized law enforcement agencies may seek to conduct, set forth
on a county-by-county basis for wireline services and on a market
service area basis for wireless services, and the historical
baseline of electronic surveillance activity upon which such
capacity requirements are based;
(3) a prioritized list of carrier equipment, facilities, and
services deployed on or before January 1, 1995, to be modified by
carriers at the request of law enforcement based on its
investigative needs;
(4) a projected reimbursement plan that estimates the cost for
the coming fiscal year and for each fiscal year thereafter, based on
the prioritization of law enforcement needs as outlined in (3),\1\
of modification by carriers of equipment, facilities and services,
installed on or before January 1, 1995.
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\1\ So in original. Probably should be ``paragraph (3),''.
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(f) Annual report to Congress
The Attorney General shall submit to the Congress each year a report
specifically detailing all deposits and expenditures made pursuant to
subchapter I \2\ of this chapter in each fiscal year. This report shall
be submitted to each member of the Committees on the Judiciary and
Appropriations of both the House of Representatives and the Senate, and
to the Speaker and minority leader of the House of Representatives and
to the majority and minority leaders of the Senate, no later than 60
days after the end of each fiscal year.
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\2\ See References in Text note below.
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(Pub. L. 103-414, title IV, Sec. 401, as added Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title I, Sec. 110], Sept. 30, 1996, 110 Stat.
3009, 3009-19.)
References in Text
Section 605 of the Department of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1997, referred to in
subsec. (d), probably means section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1997, Pub. L. 104-208, div. A, title I, Sec. 101(a) [title VI],
Sept. 30, 1996, 110 Stat. 3009, 3009-64, which is not classified to the
Code.
Subchapter I of this chapter, referred to in subsec. (f), was in the
original ``this Act'' and was translated as reading ``title I of this
Act'', meaning title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat.
4279, which is classified to subchapter I of this chapter, to reflect
the probable intent of Congress.
Direct Payments From Fund
Pub. L. 106-246, div. B, title II, July 13, 2000, 114 Stat. 542,
provided in part: ``That, hereafter, in the discretion of the Attorney
General, any expenditures from the [Telecommunications Carrier
Compliance] Fund to pay or reimburse pursuant to sections 104(e) and
109(a) of Public Law 103-414 [47 U.S.C. 1003(e), 1008(a)], may be made
directly to any parties specified in section 401(a) thereof [47 U.S.C.
1021(a)], and may be made either pursuant to the regulations promulgated
under such section 109, or pursuant to firm fixed-price agreements, upon
provision of such information as the Attorney General may require''.
