47 U.S.C. § 1008: Payment of costs of telecommunications carriers to comply with capability requirements

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 . The effect on public safety and national security. The effect on rates for basic residential telephone service. The need to protect the privacy and security of communications not authorized to be intercepted. The need to achieve the capability assistance requirements of section 1002 of this title by cost-effective methods. The effect on the nature and cost of the equipment, facility, or service at issue. The effect on the operation of the equipment, facility, or service at issue. The policy of the United States to encourage the provision of new technologies and services to the public. The financial resources of the telecommunications carrier. The effect on competition in the provision of telecommunications services. The extent to which the design and development of the equipment, facility, or service was initiated before January 1, 1995 . Such other factors as the Commission determines are appropriate. 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 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. The Attorney General shall allocate funds appropriated to carry out this subchapter in accordance with law enforcement priorities determined by the Attorney General. 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 , such equipment, facility, or service shall be considered to be in compliance with the assistance capability requirements of section 1002 of this title until the equipment, facility, or service is replaced or significantly upgraded or otherwise undergoes major modification. 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 et seq.). 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 , but only to the extent that such costs have not been recovered from any other governmental or nongovernmental entity; the costs of training personnel in the use of such capabilities or capacities; and the direct costs of deploying or installing such capabilities or capacities; 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 maintain the confidentiality of trade secrets. 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.