47 U.S.C. § 1010 — Reports

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-