II

Calendar No. 355

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

OCTOBER 28, 1999

Reported by Mr. HATCH, with amendments

[Omit the part struck through and insert the part printed in italic]

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’’.
2

S 1769 RS

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

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

4 Code, requires the Director of the Administrative

5 Office of the United States Courts to transmit to

6 Congress a full and complete annual report con7 cerning the number of applications for orders au8 thorizing or approving the interception of wire, oral,

9 or electronic communications. This report is required

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

11 (2) The Federal Reports Elimination and Sun12 set Act of 1995 provides for the termination of cer13 tain laws requiring submittal to Congress of annual,

14 semiannual, and regular periodic reports as of De15 cember 21, 1999, 4 years from the effective date of

16 that Act.

17 (3) Due to the Federal Reports Elimination Act

18 and Sunset Act of 1995, the Administrative Office

19 of United States Courts is not required to submit

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

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

22 1999.

23 SEC. 3. CONTINUED REPORTING REQUIREMENTS.

24 (a) CONTINUED REPORTING REQUIREMENTS.—Sec25 tion 2519 of title 18, United States Code, is amended by

26 adding at the end the following:
3

S 1769 RS

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

2 (3) are exempted from the termination provisions of sec3 tion 3003(a) of the Federal Reports Elimination and Sun4 set Act of 1995 (Public Law 104–66).’’.

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

6 Reports Elimination and Sunset Act of 1995 (Public Law

7 104–66) is amended—

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

9 end;

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

11 and inserting ‘‘; or’’; and

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

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

14 Code.’’.

15 SEC. 4. ENCRYPTION REPORTING REQUIREMENTS.

16 Section 2519(1)(b) (a) Section 2519(2)(b) of title 18,

17 United States Code, is amended by striking ‘‘and (iv)’’ and

18 inserting ‘‘(iv) the number of orders in which encryption

19 was encountered and whether such encryption prevented

20 law enforcement from obtaining the plain text of commu21 nications intercepted pursuant to such order, and (v)’’.

22 (b) The encryption reporting requirement in subsection

23 (a) shall be effective for the report transmitted by the Direc24 tor of the Administrative Office of the Courts for calendar

25 year 2000 and in subsequent reports.
4

S 1769 RS

1 SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP

2 AND TRACE DEVICES.

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

4 amended by striking the period and inserting ‘‘, which re5 port shall include information concerning—

6 ‘‘(1) the period of interceptions authorized by

7 the order, and the number and duration of any ex8 tensions of the order;

9 ‘‘(2) the offense specified in the order or appli10 cation, or extension of an order;

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

12 ‘‘(4) the number and nature of the facilities af13 fected; and

14 ‘‘(5) the identity, including district, of the ap15 plying investigative or law enforcement agency mak16 ing the application and the person authorizing the

17 order.’’.

Æ

Calendar No. 355

106TH CONGRESS

1ST SESSION S. 1769

A BILL

To continue the reporting requirements of section

2519 of title 18, United States Code, beyond December 21, 1999, and for other purposes.

OCTOBER 28, 1999

Reported with amendments