II

106TH CONGRESS

1ST SESSION S. 1769

To continue the reporting requirements of section 2519 of title 18, United

States Code, beyond December 21, 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 22, 1999

Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To continue the reporting requirements of section 2519 of

title 18, United States Code, beyond December 21, 1999,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Continued Reporting

5 of Intercepted Wire, Oral, and Electronic Communications

6 Act’’.

7 SEC. 2. FINDINGS.

8 Congress makes the following findings:

9 (1) Section 2519(3) of title 18, United States

10 Code, requires the Director of the Administrative
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1 Office of the United States Courts to transmit to

2 Congress a full and complete annual report con3 cerning the number of applications for orders au4 thorizing or approving the interception of wire, oral,

5 or electronic communications. This report is required

6 to include information specified in section 2519(3).

7 (2) The Federal Reports Elimination and Sun8 set Act of 1995 provides for the termination of cer9 tain laws requiring submittal to Congress of annual,

10 semiannual, and regular periodic reports as of De11 cember 21, 1999, 4 years from the effective date of

12 that Act.

13 (3) Due to the Federal Reports Elimination Act

14 and Sunset Act of 1995, the Administrative Office

15 of United States Courts is not required to submit

16 the annual report described in section 2519(3) of

17 title 18, United States Code, as of December 21,

18 1999.

19 SEC. 3. CONTINUED REPORTING REQUIREMENTS.

20 (a) CONTINUED REPORTING REQUIREMENTS.—Sec21 tion 2519 of title 18, United States Code, is amended by

22 adding at the end the following:

23 ‘‘(4) The reports required to be filed by subsection

24 (3) are exempted from the termination provisions of sec-
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1 tion 3003(a) of the Federal Reports Elimination and Sun2 set Act of 1995 (Public Law 104–66).’’.

3 (b) EXEMPTION.—Section 3003(d) of the Federal

4 Reports Elimination and Sunset Act of 1995 (Public Law

5 104–66) is amended—

6 (1) in paragraph (31), by striking ‘‘or’’ at the

7 end;

8 (2) in paragraph (32), by striking the period

9 and inserting ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(33) section 2519(3) of title 18, United States

12 Code.’’.

13 SEC. 4. ENCRYPTION REPORTING REQUIREMENTS.

14 Section 2519(1)(b) of title 18, United States Code,

15 is amended by striking ‘‘and (iv)’’ and inserting ‘‘(iv) the

16 number of orders in which encryption was encountered

17 and whether such encryption prevented law enforcement

18 from obtaining the plain text of communications inter19 cepted pursuant to such order, and (v)’’.

20 SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP

21 AND TRACE DEVICES.

22 Section 3126 of title 18, United States Code, is

23 amended by striking the period and inserting ‘‘, which re24 port shall include information concerning—
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1 ‘‘(1) the period of interceptions authorized by

2 the order, and the number and duration of any ex3 tensions of the order;

4 ‘‘(2) the offense specified in the order or appli5 cation, or extension of an order;

6 ‘‘(3) the number of investigations involved;

7 ‘‘(4) the number and nature of the facilities af8 fected; and

9 ‘‘(5) the identity, including district, of the ap10 plying investigative or law enforcement agency mak11 ing the application and the person authorizing the

12 order.’’.

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