
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-246]
[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.
