Section 109 of CALEA provides that 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.
The FBI published in the Federal Register on March 20, 1997, the Cost Recovery Regulations, 28 C.F.R. pt. 100 (1997), providing for the payment of costs directly associated with CALEA assistance capability and capacity requirements. The cost recovery regulations became effective on April 21, 1997.
On April 28, 1998, the FBI published a Notice of Proposed Rulemaking, 63 Fed. Reg. 23,231 (1998) proposing to amend the Cost Recovery Regulations by adding a new section which defines the term "significant upgrade or major modification."
The FBI published on December 28, 1999 and again on March 14, 2000, a Notice of Information collection under review for a reinstatement and an extension of time for the Cost Recovery Regulations. The reinstatement and the extension can be found at 64 Fed. Reg. 72689 (1999) and 65 Fed. Reg. 13792 (2000), respectively.
On October 5, 2001, a Supplemental Notice of Proposed Rulemaking, 66 Fed. Reg. 50,931 (2001) was published by the FBI. The notice addresses the implementation of CALEA section 109 regarding the definitions of "replaced" and "significantly upgraded or otherwise undergoes major modification."
The FBI published on July 2, 2003, an information collection request 68 Fed. Reg. 39597 (2003) to the Office of Management and Budget for review and approval of the Cost Recovery Regulations in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was published to obtain comments from the public and affected agencies. Then again, on October 16, 2003, the FBI published 68 Fed. Reg. 59638 (2003), a 30-day notice of information collection reply comment period.
On March 2, 2005, the FCC released Public Notice DA 05-535 Federal-State Joint Board on Jurisdictional Separations Seeks Comment on CALEA Issues. In the public notice the Commission has asked that the public refresh the record on the CALEA issues identified in the Separations NPRM, including the questions of whether costs should be allocated in a new CALEA-specific category or in previously-existing categories, whether revenues received from the attorney general should be allocated in a particular manner (and if so, how), and whether CALEA-related revenues could be allocated to the jurisdictions based on relative-use factors derived from the relative electronic surveillance requirements of federal, state, and local law enforcement agencies (leas). The commission has requested that the joint board issue its recommended decision no later than one year from the release of the notice, that is, by August 9, 2005.
The following table illustrates the dollar amounts and timing of congressional appropriations and fund transfers from authorized agencies with law enforcement and intelligence responsibilities.
|Telecommunications Carrier Compliance Fund Activity|
|FY 1997 Direct Appropriation||$60,000,000|
|FY 1997 Department of Justice Working Capital Fund||$40,000,000|
|FY 1997 United States Customs Service Transfer||$1,580,270|
|FY 1997 United States Postal Inspection Service Transfer||$1,000,000|
|FY 2000 Direct Appropriation||$15,000,000|
|FY 2001 Direct Appropriation||$200,976,876|