29 October 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

See bill as orginally introduced: http://cryptome.org/s1769.txt

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[DOCID: f:s1769rs.txt]
                                                       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.

    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.

    <DELETED>Section 2519(1)(b) </DELETED>(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.''.
                                 <all>


                                                       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