1199 
inspection such portions of the intercepted commu-
nication or evidence derived therefrom as the judge 
determines to be in the interests of justice. 
‘‘(2) In addition to any other right to appeal, the 
United States shall have the right to appeal from an order 
granting a motion to suppress made under paragraph (1), 
or the denial of an application for an order of approval, 
if the United States attorney shall certify to the judge or 
other official granting such motion or denying such appli-
cation that the appeal is not taken for purposes of delay. 
Such appeal shall be taken within thirty days after the 
date the order was entered and shall be diligently pros-
ecuted. 
‘‘(3) The remedies and sanctions described in this 
chapter with respect to the interception of electronic com-
munications are the only judicial remedies and sanctions 
for nonconstitutional violations of this chapter involving 
such communications. 
‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY 
REQUIREMENTS.—The 
requirements 
of 
subsections 
(a)(2)(B) and (c)(4) relating to the specification of the 
facilities from which, or the place where, the communica-
tion is to be intercepted do not apply if— 
‘‘(1) in the case of an application with respect 
to the interception of an oral communication— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01199
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1200 
‘‘(A) the application is by a Federal inves-
tigative or law enforcement officer and is ap-
proved by the Attorney General, the Deputy At-
torney General, the Associate Attorney General, 
an Assistant Attorney General, or an acting As-
sistant Attorney General; 
‘‘(B) the application contains a full and 
complete statement as to why such specification 
is not practical and identifies the person com-
mitting the offense and whose communications 
are to be intercepted; and 
‘‘(C) the judge finds that such specification 
is not practical; and 
‘‘(2) in the case of an application with respect 
to a wire or electronic communication— 
‘‘(A) the application is by a Federal inves-
tigative or law enforcement officer and is ap-
proved by the Attorney General, the Deputy At-
torney General, the Associate Attorney General, 
an Assistant Attorney General, or an acting As-
sistant Attorney General; 
‘‘(B) the application identifies the person 
believed to be committing the offense and whose 
communications are to be intercepted and the 
applicant makes a showing that there is prob-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01200
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1201 
able cause to believe that the person’s actions 
could have the effect of thwarting interception 
from a specified facility; 
‘‘(C) the judge finds that such showing has 
been adequately made; and 
‘‘(D) the order authorizing or approving 
the interception is limited to interception only 
for such time as it is reasonable to presume 
that the person identified in the application is 
or was reasonably proximate to the instrument 
through which such communication will be or 
was transmitted. 
‘‘(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An 
interception of a communication under an order with re-
spect to which the requirements of subsections (a)(2)(B) 
and (c)(4) of this section do not apply by reason of sub-
section (k)(1) shall not begin until the place where the 
communication is to be intercepted is ascertained by the 
person implementing the interception order. A provider of 
wire or electronic communications service that has re-
ceived an order as provided for in subsection (k)(2) may 
move the court to modify or quash the order on the ground 
that its assistance with respect to the interception cannot 
be performed in a timely or reasonable fashion. The court, 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01201
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1202 
upon notice to the government, shall decide such a motion 
expeditiously. 
‘‘§ 3119D. Reports concerning intercepted wire, oral, 
or electronic communications 
‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—In 
January of each year, any judge who has issued an order 
(or an extension thereof) under section 3119C that expired 
during the preceding year, or who has denied approval of 
an interception during that year, shall report to the Ad-
ministrative Office of the United States Courts— 
‘‘(1) the fact that an order or extension was ap-
plied for; 
‘‘(2) the kind of order or extension applied for 
(including whether or not the order was an order 
with respect to which the requirements of sections 
3119C(a)(2)(B) and 3119(c)(4) did not apply by 
reason of section 3119C(k)); 
‘‘(3) the fact that the order or extension was 
granted as applied for, was modified, or was denied; 
‘‘(4) the period of interceptions authorized by 
the order, and the number and duration of any ex-
tensions of the order; 
‘‘(5) the offense specified in the order or appli-
cation, or extension of an order; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01202
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1203 
‘‘(6) the identity of the applying investigative or 
law enforcement officer and agency making the ap-
plication and the person authorizing the application; 
and 
‘‘(7) the nature of the facilities from which or 
the place where communications were to be inter-
cepted. 
‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In 
March of each year the Attorney General, an Assistant 
Attorney General specially designated by the Attorney 
General, or the principal prosecuting attorney of a State, 
or the principal prosecuting attorney for any political sub-
division of a State, shall report to the Administrative Of-
fice of the United States Courts— 
‘‘(1) the information required by paragraphs 
(1) through (7) of subsection (a) of this section with 
respect to each application for an order or extension 
made during the preceding calendar year; 
‘‘(2) a general description of the interceptions 
made under such order or extension, including (i) 
the approximate nature and frequency of incrimi-
nating communications intercepted, (ii) the approxi-
mate nature and frequency of other communications 
intercepted, (iii) the approximate number of persons 
whose communications were intercepted, (iv) the 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01203
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1204 
number of orders in which encryption was encoun-
tered and whether such encryption prevented law en-
forcement from obtaining the plain text of commu-
nications intercepted pursuant to such order, and (v) 
the approximate nature, amount, and cost of the 
manpower and other resources used in the intercep-
tions; 
‘‘(3) the number of arrests resulting from inter-
ceptions made under such order or extension, and 
the offenses for which arrests were made; 
‘‘(4) the number of trials resulting from such 
interceptions; 
‘‘(5) the number of motions to suppress made 
with respect to such interceptions, and the number 
granted or denied; 
‘‘(6) the number of convictions resulting from 
such interceptions and the offenses for which the 
convictions were obtained and a general assessment 
of the importance of the interceptions; and 
‘‘(7) the information required by paragraphs 
(2) through (6) of this subsection with respect to or-
ders or extensions obtained in a preceding calendar 
year. 
‘‘(c) REPORT TO CONGRESS.—In June of each year 
the Director of the Administrative Office of the United 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01204
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS