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47 U.S.C. § 1008 — Payment of costs of telecommunications carriers to comply with capability requirements
Federal law — U.S. Code and appendices · legal_authorities
**(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 reasonable 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 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim).
**(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 of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) is reasonably achievable with respect to any equipment, facility, or service installed 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 following 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 communications not authorized to be intercepted.
(D) The need to achieve the capability assistance requirements o
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Source file: Laws/federal/codes/united-states-code/title-47/section-1008-payment-of-costs-of-telecommunications-carriers-to-comply-with-capabilit--9981d689ba.md
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Source location: Title 47, Chapter 9, § 1008; chapter-009-interception-of-digital-and-other-communications.md
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**(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 reasonable 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 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim).
**(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 of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) is reasonably achievable with respect to any equipment, facility, or service installed 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 following 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 communications not authorized to be intercepted.
(D) The need to achieve the capability assistance requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) 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 service 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 telecommunications carrier.
(I) The effect on competition in the provision of telecommunications services.
(J) The extent to which the design and development of the equipment, 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 capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) is not reasonably achievable with respect to equipment, facilities, or services deployed after January 1, 1995—
(A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, 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 compliance with such capability requirements.
**(c) Allocation of funds for payment** The Attorney General shall allocate funds appropriated to carry out this subchapter 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 requested payment in accordance with procedures promulgated pursuant 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 compliance with the assistance capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim), such equipment, facility, or service shall be considered to be in compliance with the assistance capability requirements of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1002&num=0&edition=prelim) 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 shall, after notice and comment, establish regulations necessary to effectuate timely and cost-efficient payment to telecommunications carriers under this subchapter, under chapters 119 and 121 of title 18, and under the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) 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 subchapter. Such regulations shall seek to minimize the cost to the Federal Government and shall—
(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 1003(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1003/e&num=0&edition=prelim), but only to the extent that such costs have not been recovered from any other governmental or nongovernmental entity;
(ii) the costs of training personnel in the use of such capabilities or capacities; and
(iii) the direct costs of deploying or installing such capabilities or capacities;
(B) in the case of any modification that may be used for any purpose other than lawfully authorized electronic surveillance by a law enforcement agency of a government, permit recovery of only the incremental cost of making the modification suitable for such law enforcement purposes; and
(C) maintain the confidentiality of trade secrets.
(3) **Submission of claims** — Such regulations shall require any telecommunications 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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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Capability requirements** Except as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier shall ensure that its equipment, facilities, or services 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, pursuant to a court order or other lawful authorization, 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 equipment, facility, or service, or at such later time as may be acceptable to the government;
(2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, 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 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3127&num=0&edition=prelim)), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1002
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1008&num=0&edition=prelim).
**(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) 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 u
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1021
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Federal law — U.S. Code and appendices · legal_authorities
Page 407
TITLE 47—TELECOMMUNICATIONS
§ 1008
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be ‘‘requirements’’.
prior to the effective date of section 1002 of
this title may petition the Commission for 1
or more extensions of the deadline for com-
plying with the assistance capability require-
ments under section 1002 of this title.
(2) Grounds for extension
The Commission may, after consultation
with the Attorney General, grant an extension
under this subsection, if the Commission de-
termines that compliance with the assistance
capability requirements under section 1002 of
this title is not reasonably achievable through
application of technology available within the
compliance period.
(3) Length of extension
An extension under this subsection shall ex-
tend for no longer than the earlier of—
(A) the date determined by the Commis-
sion as necessary for the carrier to comply
with the assistance capability requirements
under section 1002 of this title; 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 busi-
ness on which the new equipment, facility, or
service is used.
(Pub. L. 103–414, title I, § 107, Oct. 25, 1994, 108
Stat. 4284.)
Editorial Notes
REFERENCES IN TEXT
The effective date of section 1002 of this title, re-
ferred to in subsec. (c)(1), is the date that is 4 years
after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414,
set out as an Effective Date note under section 1001 of
this title.
§ 1007. Enforcement orders
(a) Grounds for issuance
A court shall issue an order enforcing this sub-
chapter under section 2522 of title 18 only if the
cour
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1008
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Federal law — U.S. Code and appendices · legal_authorities
Page 235
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1801
Sec.
1809.
Criminal sanctions.
1810.
Civil liability.
1810a.
Reporting requirements for civil actions.
1811.
Authorization during time of war.
1812.
Statement of exclusive means by which elec-
tronic surveillance and interception of cer-
tain communications may be conducted.
1813.
Procedures for the retention of incidentally
acquired communications.
SUBCHAPTER II—PHYSICAL SEARCHES
1821.
Definitions.
1822.
Authorization of physical searches for foreign
intelligence purposes.
1823.
Application for order.
1824.
Issuance of order.
1825.
Use of information.
1826.
Congressional oversight.
1827.
Penalties.
1828.
Civil liability.
1829.
Authorization during time of war.
SUBCHAPTER III—PEN REGISTERS AND TRAP
AND TRACE DEVICES FOR FOREIGN INTEL-
LIGENCE PURPOSES
1841.
Definitions.
1842.
Pen registers and trap and trace devices for
foreign intelligence and international ter-
rorism investigations.
1843.
Authorization during emergencies.
1844.
Authorization during time of war.
1845.
Use of information.
1846.
Congressional oversight.
SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE PUR-
POSES
1861.
Definitions.
1862.
Access to certain business records for foreign
intelligence and international terrorism in-
vestigations.
1863.
Congressional oversight.
1864.
Notification of changes to retention of call
detail record policies.
SUBCHAPTER V—OVERSIGHT
1871.
Semiannual report of the Attorney General.
1872.
Declassification of significant decisions, or-
ders, and opinions.
1873.
Annual reports.
1874.
Public reporting by persons subject to orders.
SUBCHAPTER VI—ADDITIONAL PROCEDURES RE-
GARDING
CERTAIN
PERSONS
OUTSIDE
THE
UNITED STATES
1881.
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1801
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