S. 1769 (rs) To continue the reporting requirements of section 2519 of title 18, United States Code, beyond December 21, 1999, and for other purposes. [Reported in Senate] ...

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106th CONGRESS
  1st Session
                                S. 1769


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1999

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
  To continue the reporting requirements of section 2519 of title 18, 
 United States Code, beyond December 21, 1999, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continued Reporting of Intercepted 
Wire, Oral, and Electronic Communications Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Section 2519(3) of title 18, United States Code, 
        requires the Director of the Administrative Office of the 
        United States Courts to transmit to Congress a full and 
        complete annual report concerning the number of applications 
        for orders authorizing or approving the interception of wire, 
        oral, or electronic communications. This report is required to 
        include information specified in section 2519(3).
            (2) The Federal Reports Elimination and Sunset Act of 1995 
        provides for the termination of certain laws requiring 
        submittal to Congress of annual, semiannual, and regular 
        periodic reports as of December 21, 1999, 4 years from the 
        effective date of that Act.
            (3) Due to the Federal Reports Elimination Act and Sunset 
        Act of 1995, the Administrative Office of United States Courts 
        is not required to submit the annual report described in 
        section 2519(3) of title 18, United States Code, as of December 
        21, 1999.

SEC. 3. CONTINUED REPORTING REQUIREMENTS.

    (a) Continued Reporting Requirements.--Section 2519 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(4) The reports required to be filed by subsection (3) are 
exempted from the termination provisions of section 3003(a) of the 
Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-
66).''.
    (b) Exemption.--Section 3003(d) of the Federal Reports Elimination 
and Sunset Act of 1995 (Public Law 104-66) is amended--
            (1) in paragraph (31), by striking ``or'' at the end;
            (2) in paragraph (32), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(33) section 2519(3) of title 18, United States Code.''.

SEC. 4. ENCRYPTION REPORTING REQUIREMENTS.

    (a) Section 2519(2)(b) of title 18, United States Code, is amended 
by striking ``and (iv)'' and inserting ``(iv) the number of orders in 
which encryption was encountered and whether such encryption prevented 
law enforcement from obtaining the plain text of communications 
intercepted pursuant to such order, and (v)''.
    (b) The encryption reporting requirement in subsection (a) shall be 
effective for the report transmitted by the Director of the 
Administrative Office of the Courts for calendar year 2000 and in 
subsequent reports.

SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP AND TRACE DEVICES.

    Section 3126 of title 18, United States Code, is amended by 
striking the period and inserting ``, which report shall include 
information concerning--
            ``(1) the period of interceptions authorized by the order, 
        and the number and duration of any extensions of the order;
            ``(2) the offense specified in the order or application, or 
        extension of an order;
            ``(3) the number of investigations involved;
            ``(4) the number and nature of the facilities affected; and
            ``(5) the identity, including district, of the applying 
        investigative or law enforcement agency making the application 
        and the person authorizing the order.''.

            Passed the Senate November 5, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

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