Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1997.
(Passed by the House)
`TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
`SEC. 401. 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 109 of this Act.
`(b) DEPOSITS TO THE 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.
`(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, within the 60 days after the date of such submission, 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) law enforcement assistance capability features including an explanation of how proposed interface and assistance capability requirements exceed or differ from the law enforcement assistance currently provided by carriers;
`(2) the actual and maximum number of simultaneous surveillances/intercepts that law enforcement agencies expect to perform (capacity requirements), as well as the `historical baseline electronic surveillance activity' on which the proposed capacity requirements are based;
`(3) a detailed county by county listing of proposed actual and maximum capacity requirements;
`(4) the proposed network switch and other assistance capability features requested by law enforcement that would be required to be installed by telecommunications carriers;
`(5) a complete estimate of the full costs of development and deployment of the assistance capability features, the full costs of the proposed actual and maximum capacities requested by law enforcement, the full cost of training telecommunications carrier personnel in the use of such capabilities and capacities, and to what extent funding of $500,000,000 will be sufficient to fully reimburse telecommunications carriers for the reasonable cost of compliance with this Act; and
`(6) a complete estimate of the full and reasonable costs associated with modification to be performed by telecommunications carriers of their network equipment and facilities installed or deployed after January 1, 1995, which are not proposed for reimbursement.