TITLE II--AMENDMENTS TO TITLE 18, UNITED STATES CODE

SEC. 201. COURT ENFORCEMENT OF COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT.

(a) COURT ORDERS UNDER CHAPTER 119- Chapter 119 of title 18, United States Code, is amended by inserting after section 2521 the following new section:

`SEC. 2522. ENFORCEMENT OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT

`(a) ENFORCEMENT BY COURT ISSUING SURVEILLANCE ORDER- If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier's transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.

`(b) ENFORCEMENT UPON APPLICATION BY ATTORNEY GENERAL- The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act.

`(c) CIVIL PENALTY-

`(1) IN GENERAL- A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify.

`(2) CONSIDERATIONS- In determining whether to impose a civil penalty and in determining its amount, the court shall take into account--

`(A) the nature, circumstances, and extent of the violation;
`(B) the violator's ability to pay, the violator's good faith efforts to comply in a timely manner, any effect on the violator's ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and
`(C) such other matters as justice may require.

`(d) DEFINITIONS- As used in this section, the terms defined in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section.'.

(b) CONFORMING AMENDMENTS-

(1) Section 2518(4) of title 18, United States Code, is amended by adding at the end the following new sentence: `Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.'.

(2) Section 3124 of such title is amended by adding at the end the following new subsection:

`(f) COMMUNICATIONS ASSISTANCE ENFORCEMENT ORDERS- Pursuant to section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.'.

(1) The table of sections at the beginning of chapter 119 of title 18, United States Code, is amended by inserting after the item pertaining to section 2521 the following new item:

`2522. Enforcement of the Communications Assistance for Law Enforcement Act.'.