Page:United States Statutes at Large Volume 108 Part 5.djvu/803

 PUBLIC LAW 103-414—OCT. 25 1994 108 STAT. 4293 "SEC. 229. COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT COMPLIANCE. "(a) IN GENERAL.— The Commission shall prescribe such rules Regulations, as are necessary to implement the requirements of the Communications Assist£ince for Law Enforcement Act. "(b) SYSTEMS SECURITY AND INTEGRITY.— The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act that require conmion carriers— "(1) to establish appropriate poHcies and procedures for the supervision and control of its officers and employees— "(A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and "(B) to prevent any such interception or access without such authorization; /^ "(2) to maintain secure and accurate records of any interception or access with or without such authorization; and "(3) to submit to the Commission the poUcies and procediu«s adopted to comply with the requirements established under paragraphs (1) and (2). "(c) COMMISSION REVIEW OF COMPLIANCE.— The Commission shall review the poUcies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such poUcy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common CEirriers with the requirements of the regulations prescribed under this section. "(d) PENALTIES.— For purposes of this Act, a violation by an officer or employee of any pohcy or procedure adopted by a common carrier pursuant to subsection (b), or of a rule prescribed by the Commission pursuant to subsection (a), shall be considered to be a violation by the csirrier of a rule prescribed by the Commission pursuant to this Act "(e) COST RECOVERY FOR COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT COMPLIANCE.— "(1) PETITIONS AUTHORIZED. —A common carrier may petition the Commission to adjust charges, practices, classifications, and regulations to recover costs expended for making modifications to equipment, facihties, or services pursuant to the requirements of section 103 of the Commimications Assistance for Law Enforcement Act "(2) COMMISSION AUTHORITY. —The Commission may grant, with or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest The Commission may, consistent with maintaining just and reasonable charges, practices, classifications, and regulations in connection with the provision of interstate or foreign communication by wire or radio by a common carrier, allow carriers to adjust such charges, practices, classifications, and regulations in order to carry out the purposes of tiiis Act. "(3) JOINT BOARD. —The Commission shall convene a Federal-State joint board to recommend appropriate changes to part 36 of the Commission's rules wim respect to recovery

�