[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3111 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 19, 1999.
    Resolved, That the bill from the House of Representatives (H.R. 
3111) entitled ``An Act to exempt certain reports from automatic 
elimination and sunset pursuant to the Federal Reports Elimination and 
Sunset Act of 1995.'', do pass with the following

                               AMENDMENT:

 Page 4, after line 10, insert:

SEC. 2. CONTINUED REPORTING OF INTERCEPTED WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS.

    (a) Short Title.--This section may be cited as the ``Continued 
Reporting of Intercepted Wire, Oral, and Electronic Communications 
Act''.
    (b) 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 the 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.
    (c) Continued Reporting Requirements.--
            (1) 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).''.
            (2) Exemption.--Section 3003(d) of the Federal Reports 
        Elimination and Sunset Act of 1995 (Public Law 104-66) is 
        amended--
                    (A) in paragraph (31), by striking ``or'' at the 
                end;
                    (B) in paragraph (32), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(33) section 2519(3) of title 18, United States Code.''.
    (d) Encryption Reporting Requirements.--
            (1) 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)''.
            (2) 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.
    (e) 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.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 3111

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                               AMENDMENT