47 U.S.C. § 1021 — Department of Justice Telecommuni-

Page 409 TITLE 47—TELECOMMUNICATIONS § 1021 (Pub. L. 103–414, title I, § 110, Oct. 25, 1994, 108 Stat. 4288.) § 1010. Reports (a) Reports by Attorney General (1) In general On or before November 30, 1995, and on or be- fore 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 telecommunications carriers under sections 1003(e) and 1008 of this title. (2) Contents A report under paragraph (1) shall include— (A) a detailed accounting of the amounts paid to each carrier and the equipment, fa- cility, or service for which the amounts were paid; and (B) projections of the amounts expected to be paid in the current fiscal year, the car- riers to which payment is expected to be made, and the equipment, facilities, or serv- ices for which payment is expected to be made. (b) Reports by Comptroller General and Inspec- tor General (1) On or before April 1, 1996, the Comptroller General of the United States, and every two years thereafter, the Inspector General of the Department of Justice, shall submit to the Con- gress a report, after consultation with the At- torney General and the telecommunications in- dustry— (A) describing the type of equipment, facili- ties, and services that have been brought into compliance under this subchapter; and (B) reflecting its analysis of the reasonable- ness and cost-effectiveness of the payments made by the Attorney General to tele- communications carriers for modifications necessary to ensure compliance with this sub- chapter. (2) COMPLIANCE COST ESTIMATES.—A report under paragraph (1) shall include findings and conclusions on the costs to be incurred by tele- communications carriers to comply with the as- sistance capability requirements of section 1002 of this title after the effective date of such sec- tion 1002 of this title, including projections of the amounts expected to be incurred and a de- scription of the equipment, facilities, or services for which they are expected to be incurred. (Pub. L. 103–414, title I, § 112, Oct. 25, 1994, 108 Stat. 4288; Pub. L. 104–316, title I, § 126(b), Oct. 19, 1996, 110 Stat. 3840.) Editorial Notes REFERENCES IN TEXT The effective date of section 1002 of this title, re- ferred to in subsec. (b)(2), 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. AMENDMENTS 1996—Subsec. (b)(1). Pub. L. 104–316, § 126(b)(1), in- serted introductory provisions and struck out heading and text of former introductory provisions. Text read as follows: ‘‘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—’’. Subsec. (b)(2). Pub. L. 104–316, § 126(b)(2), substituted ‘‘findings and conclusions’’ for ‘‘the findings and con- clusions of the Comptroller General’’. SUBCHAPTER II—TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS § 1021. Department of Justice Telecommuni- cations Carrier Compliance Fund (a) Establishment of Fund There is hereby established in the United States Treasury a fund to be known as the De- partment of Justice Telecommunications Car- rier 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 pro- viders 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 en- forcement or intelligence responsibilities may deposit as offsetting collections to the Fund any unobligated balances that are available until ex- pended, upon compliance with any Congres- sional notification requirements for reprogrammings of funds applicable to the ap- propriation 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 de- termines 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 ter- minate the Fund shall not be subject to judicial review. (d) Availability of funds for expenditure Funds shall not be available for obligation un- less an implementation plan as set forth in sub- section (e) is submitted to each member of the Committees on the Judiciary and Appropria- tions 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 ex- penditure except in compliance with the proce- dures set forth in that section and this section. (e) Implementation plan The implementation plan shall include: (1) the law enforcement assistance capa- bility requirements and an explanation of law enforcement’s recommended interface; (2) the proposed actual and maximum capac- ity requirements for the number of simulta- Page 410 TITLE 47—TELECOMMUNICATIONS §§ 1101 to 1110 1 So in original. Probably should be ‘‘paragraph (3),’’. 2 See References in Text note below. neous law enforcement communications inter- cepts, 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 sur- veillance activity upon which such capacity requirements are based; (3) a prioritized list of carrier equipment, fa- cilities, and services deployed on or before January 1, 1995, to be modified by carriers at the request of law enforcement based on its in- vestigative needs; (4) a projected reimbursement plan that esti- mates the cost for the coming fiscal year and for each fiscal year thereafter, based on the prioritization of law enforcement needs as out- lined in (3),1 of modification by carriers of equipment, facilities and services, installed on or before January 1, 1995. (f) Annual report to Congress The Attorney General shall submit to the Con- gress 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 Appro- priations of both the House of Representatives and the Senate, and to the Speaker and minor- ity leader of the House of Representatives and to the majority and minority leaders of the Sen- ate, no later than 60 days after the end of each fiscal year. (Pub. L. 103–414, title IV, § 401, as added Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 110], Sept. 30, 1996, 110 Stat. 3009, 3009–19.) Editorial Notes REFERENCES IN TEXT Section 605 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appro- priations 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, § 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. Statutory Notes and Related Subsidiaries 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 pur- suant to the regulations promulgated under such sec- tion 109, or pursuant to firm fixed-price agreements, upon provision of such information as the Attorney General may require’’. CHAPTER 10—SATELLITE CARRIER RETRANSMISSION ELIGIBILITY Editorial Notes CODIFICATION Pub. L. 115–334, title VI, § 6603(1), Dec. 20, 2018, 132 Stat. 4777, substituted ‘‘SATELLITE CARRIER RE- TRANSMISSION ELIGIBILITY’’ for ‘‘LOCAL TV’’ in chapter heading. §§ 1101 to 1110. Repealed. Pub. L. 115–334, title VI, § 6603(2), Dec. 20, 2018, 132 Stat. 4777 Section 1101, Pub. L. 106–553, § 1(a)(2) [title X, § 1002], Dec. 21, 2000, 114 Stat. 2762, 2762A–128, related to the purpose of this chapter, to facilitate access to signals of local television stations for households in nonserved areas and underserved areas. Section 1102, Pub. L. 106–553, § 1(a)(2) [title X, § 1003], Dec. 21, 2000, 114 Stat. 2762, 2762A–128, related to estab- lishment of the LOCAL Television Loan Guarantee Board. Section 1103, Pub. L. 106–553, § 1(a)(2) [title X, § 1004], Dec. 21, 2000, 114 Stat. 2762, 2762A–129; Pub. L. 107–171, title VI, § 6404(b)(1), May 13, 2002, 116 Stat. 430; Pub. L. 110–289, div. A, title II, § 1216(f), July 30, 2008, 122 Stat. 2792, related to approval of loan guarantees. Section 1104, Pub. L. 106–553, § 1(a)(2) [title X, § 1005], Dec. 21, 2000, 114 Stat. 2762, 2762A–134; Pub. L. 107–171, title VI, § 6404(b)(2), May 13, 2002, 116 Stat. 430, related to administration of loan guarantees. Section 1105, Pub. L. 106–553, § 1(a)(2) [title X, § 1006], Dec. 21, 2000, 114 Stat. 2762, 2762A–138, related to annual audit. Section 1106, Pub. L. 106–553, § 1(a)(2) [title X, § 1007], Dec. 21, 2000, 114 Stat. 2762, 2762A–138, related to im- proved cellular service in rural areas. Section 1107, Pub. L. 106–553, § 1(a)(2) [title X, § 1009], Dec. 21, 2000, 114 Stat. 2762, 2762A–140, related to the sunset for approval of loan guarantees, which was Dec. 31, 2006. Section 1108, Pub. L. 106–553, § 1(a)(2) [title X, § 1010], Dec. 21, 2000, 114 Stat. 2762, 2762A–140, related to defini- tions. Section 1109, Pub. L. 106–553, § 1(a)(2) [title X, § 1011], Dec. 21, 2000, 114 Stat. 2762, 2762A–141; Pub. L. 107–171, title VI, § 6404(a), May 13, 2002, 116 Stat. 429, related to authorizations of appropriations. Section 1110, Pub. L. 106–553, § 1(a)(2) [title X, § 1012], Dec. 21, 2000, 114 Stat. 2762, 2762A–141, related to preven- tion of interference to direct broadcast satellite serv- ices. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–553, § 1(a)(2) [title X, § 1001], Dec. 21, 2000, 114 Stat. 2762, 2762A–128, which provided that title X of H.R. 5548, as enacted by section 1(a)(2) of Pub. L. 106–553, which enacted former chapter X and amended section 339 of this title, could be cited as the ‘‘Launch- ing Our Communities’ Access to Local Television Act of 2000’’, was repealed by Pub. L. 115–334, title VI, § 6603(2), Dec. 20, 2018, 132 Stat. 4777. CHAPTER 11—COMMERCIAL MOBILE SERVICE ALERTS Sec. 1201. Federal Communications Commission duties. 1202. Commercial Mobile Service Alert Advisory Committee. 1203. Research and development. 1204. Grant program for remote community alert systems. 1205. Funding. 1206. Reliable emergency alert distribution im- provement.