[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5018 Reported in House (RH)]






                                                 Union Calendar No. 562
106th CONGRESS
  2d Session
                                H. R. 5018

                          [Report No. 106-932]

To amend title 18, United States Code, to modify certain provisions of 
   law relating to the interception of communications, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Mr. Canady of Florida (for himself and Mr. Hutchinson) introduced the 
  following bill; which was referred to the Committee on the Judiciary

                            October 4, 2000

   Additional sponsors: Mr. Blunt, Mr. Bachus, Mr. Paul, and Mr. Wamp

                            October 4, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               27, 2000]

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to modify certain provisions of 
   law relating to the interception of communications, 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 ``Electronic Communications Privacy 
Act of 2000''.

SEC. 2. USE AS EVIDENCE.

    (a) In General.--Section 2515 of title 18, United States Code, is 
amended--
            (1) by striking ``wire or oral'' in the heading and 
        inserting ``wire, oral, or electronic''.
            (2) by striking ``Whenever any wire or oral communication 
        has been intercepted'' and inserting ``(a) Except as provided 
        in subsection (b), whenever any wire, oral, or electronic 
        communication has been intercepted, or any electronic 
        communication in electronic storage has been disclosed'';
            (3) by inserting ``or chapter 121'' after ``this chapter''; 
        and
            (4) by adding at the end the following:
    ``(b) Subsection (a) does not apply to the disclosure, before a 
grand jury or in a criminal trial, hearing, or other criminal 
proceeding, of the contents of a communication, or evidence derived 
therefrom, against a person alleged to have intercepted, used, or 
disclosed the communication in violation of this chapter, or chapter 
121, or participated in such violation.''.
    (b) Section 2517.--Paragraphs (1) and (2) of section 2517 are each 
amended by inserting ``or under the circumstances described in section 
2515(b)'' after ``by this chapter''.
    (c) Section 2518.--Section 2518 of title 18, United States Code, is 
amended--
            (1) in subsection (7), by striking ``subsection (d)'' and 
        inserting ``subsection (8)(d)''; and
            (2) in subsection (10)--
                    (A) in paragraph (a)--
                            (i) by striking ``or oral'' each place it 
                        appears and inserting ``, oral, or 
                        electronic'';
                            (ii) by striking the period at the end of 
                        clause (iii) and inserting a semicolon; and
                            (iii) by inserting ``except that no 
                        supresssion may be ordered under the 
                        circumstances described in section 2515(b).'' 
                        before ``Such motion''; and
                    (B) by striking paragraph (c).
    (d) Clerical Amendment.--The item relating to section 2515 in the 
table of sections at the beginning of chapter 119 of title 18, United 
States Code, is amended to read as follows:

``2515. Prohibition of use as evidence of intercepted wire, oral, or 
                            electronic communications.''.

SEC. 3. REPORTS CONCERNING THE DISCLOSURE OF THE CONTENTS OF ELECTRONIC 
              COMMUNICATIONS.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Reports Concerning the Disclosure of the Contents of 
Electronic Communications.--
            ``(1) By January 31 of each calendar year, the judge 
        issuing or denying an order, warrant, or subpoena, or the 
        authority issuing or denying a subpoena, under subsection (a) 
        or (b) of this section during the preceding calendar year shall 
        report on each such order, warrant, or subpoena to the 
        Administrative Office of the United States Courts--
                    ``(A) the fact that the order, warrant, or subpoena 
                was applied for;
                    ``(B) the kind of order, warrant, or subpoena 
                applied for;
                    ``(C) the fact that the order, warrant, or subpoena 
                was granted as applied for, was modified, or was 
                denied;
                    ``(D) the offense specified in the order, warrant, 
                subpoena, or application;
                    ``(E) the identity of the agency making the 
                application; and
                    ``(F) the nature of the facilities from which or 
                the place where the contents of electronic 
                communications were to be disclosed.
            ``(2) In January of each year the Attorney General or an 
        Assistant Attorney General specially designated by the Attorney 
        General shall report to the Administrative Office of the United 
        States Courts--
                    ``(A) the information required by subparagraphs (A) 
                through (F) of paragraph (1) of this subsection with 
                respect to each application for an order, warrant, or 
                subpoena made during the preceding calendar year; and
                    ``(B) a general description of the disclosures made 
                under each such order, warrant, or subpoena, 
                including--
                            ``(i) the approximate number of all 
                        communications disclosed and, of those, the 
                        approximate number of incriminating 
                        communications disclosed;
                            ``(ii) the approximate number of other 
                        communications disclosed; and
                            ``(iii) the approximate number of persons 
                        whose communications were disclosed.
            ``(3) In June of each year, beginning in 2002, the Director 
        of the Administrative Office of the United States Courts shall 
        transmit to the Congress a full and complete report concerning 
        the number of applications for orders, warrants, or subpoenas 
        authorizing or requiring the disclosure of the contents of 
        electronic communications pursuant to subsections (a) and (b) 
        of this section and the number of orders, warrants, or 
        subpoenas granted or denied pursuant to subsections (a) and (b) 
        of this section during the preceding calendar year. Such report 
        shall include a summary and analysis of the data required to be 
        filed with the Administrative Office by paragraphs (1) and (2) 
        of this subsection. The Director of the Administrative Office 
        of the United States Courts is authorized to issue binding 
        regulations dealing with the content and form of the reports 
        required to be filed by paragraphs (1) and (2) of this 
        subsection.''.

SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES.

    (a) Requirement for Showing.--Section 3122(b)(2) of title 18, 
United States Code, is amended to read as follows:
            ``(2) a statement of facts showing that the requirements of 
        section 3123 have been met.''.
    (b) Finding by Court.--Subsection (a) of section 3123 of title 18, 
United States Code, is amended by striking ``the attorney for the 
Government'' and all that follows through the end of such subsection 
and inserting ``specific and articulable facts reasonably indicate that 
a crime has been, is being, or will be committed, and information 
likely to be obtained by such installation and use is relevant to the 
investigation of that crime.''.

SEC. 5. CIVIL DAMAGES.

    Section 2520(c)(2) of title 18, United States Code, is amended--
            (1) by striking ``court may'' and inserting ``court 
        shall'';
            (2) by striking ``greater'' and inserting ``greatest'';
            (3) in subparagraph (A), by striking ``or'' after the 
        semicolon;
            (4) in subparagraph (B), by striking ``whichever is the 
        greater of $100 a day for each day of violation or $10,000.'' 
        and inserting ``$500 a day for each violation; or''; and
            (5) by inserting after subparagraph (B), the following:
            ``(C) statutory damages of $10,000.''.

SEC. 6. NOTIFICATION.

    Section 2705(a)(4) of title 18, United States Code, is amended by 
striking ``or by certification by a governmental entity, but only in 
accordance with subsection (b) of this section.'' and inserting ``if 
the court determines that there is reason to believe that notification 
of the existence of the court order or subpoena may have an adverse 
result described in paragraph (2) of this subsection.''.

SEC. 7. GOVERNMENT ACCESS TO LOCATION INFORMATION.

    (a) Court Order Required.--Section 2703 of title 18, United States 
Code, as amended by section 3 of this Act, is further amended by adding 
at the end the following:
    ``(h) Disclosure of Location Information to Governmental 
Entities.--
            ``(1) Disclosure upon court order.--Except as provided in 
        paragraph (2), a provider of mobile electronic communication 
        service shall provide to a governmental entity information 
        generated by and disclosing the current physical location of a 
        subscriber's equipment only if the governmental entity obtains 
        a court order issued upon a finding that there is probable 
        cause to believe that--
                    ``(A) a person is committing, has committed, or is 
                about to commit a felony offense; and
                    ``(B) the location information sought to be 
                obtained concerns the location of the person believed 
                to have committed, be committing, or be about to commit 
that offense or a victim of that offense.
            ``(2) Permitted disclosures without court order.--A 
        provider of mobile electronic communication service may provide 
        information described in paragraph (1)--
                    ``(A) to a public safety answering point, emergency 
                medical service provider or emergency dispatch 
                provider, public safety, fire service or law 
                enforcement official, or hospital emergency or trauma 
                care facility, in order to respond to the user's call 
                for emergency services;
                    ``(B) to inform the user's legal guardian or 
                members of the user's immediate family of the user's 
                location in an emergency situation that involves the 
                risk of death or serious physical harm; or
                    ``(C) with the express consent of the subscriber or 
                the user of the equipment concerned.
            ``(3) Definition.--The term `public safety answering point' 
        means a facility that has been designated to receive emergency 
        calls and route them to emergency service personnel.''.
    (b) Conforming Amendment.--Subsection (c)(1)(A) of section 2703 of 
title 18, United States Code, is amended by striking ``(b) of this 
section'' and inserting ``(b), or wireless location information covered 
by subsection (g)''.

SEC. 8. COMPUTER CRIME AMENDMENTS.

    (a) Generally.--Section 1030 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(3), by striking ``such a computer'' 
        and inserting ``without or in excess of authorization a 
        computer'';
            (2) in subsection (a)(5), by inserting after subparagraph 
        (C) the following:
            ``(B) whose conduct described in clause (i), (ii), or (iii) 
        of subparagraph (A)--
                    ``(i) caused loss to one or more persons during any 
                one-year period (including loss resulting from a 
                related course of conduct affecting one or more other 
                protected computers) aggregating at least $5,000;
                    ``(ii) modified or impaired, or potentially 
                modified or impaired, the medical examination, 
                diagnosis, treatment, or care of one or more 
                individuals;
                    ``(iii) caused physical injury to any individual;
                    ``(iv) threatened public health or safety;
                    ``(v) caused damage affecting a computer system 
                used by or for a government entity in furtherance of 
                the administration of justice, national defense, or 
                national security; or
                    ``(vi) intentionally defaced, damaged, or destroyed 
                images or information made available to the public and 
                thereby interfered with the rights protected under the 
                First Amendment to the Constitution;''.
            (3) in subsection (a)(5)(A), by inserting ``(i)'' after 
        ``(5)(A)'';
            (4) in subsection (a)(5)(B), by striking ``(B)'' and 
        inserting ``(ii)'';
            (5) in subsection (a)(5)(C)--
                    (A) by striking ``(C)'' and inserting ``(iii)''; 
                and
                    (B) by inserting ``and'' after the semicolon;
            (6) in subsection (a)(7), by striking ``, firm, 
        association, educational institution, financial institution, 
        government entity, or other legal entity,'';
            (7) in subsection (b), by adding before the period ``as if 
        such person had committed the completed offense'';
            (8) in subsection (c)(1)(A) and (B), by striking ``, or an 
        attempt to commit an offense punishable under this 
        subparagraph'';
            (9) in subsection (c)(1)(A), by inserting ``, (a)(5)(A)(i), 
        or (a)(5)(A)(ii)'' after ``(a)(1)'';
            (10) by amending subsection (c)(2)(A) to read as follows:
            ``(2)(A) except as provided in subsection (c)(2)(B), a fine 
        under this title or imprisonment for not more than one year, or 
        both, in the case of an offense under subsection (a)(2), 
        (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does 
        not occur after a conviction for another offense under this 
        section;'';
            (11) by striking subparagraph (C) of subsection (c)(2);
            (12) in subsection (c)(3)--
                    (A) by striking ``(3)(A)'' and inserting ``(3)'';
                    (B) by striking ``, (a)(5)(A), (a)(5)(B),'';
                    (C) by striking ``, or an attempt to commit an 
                offense punishable under this subparagraph; and'' and 
                inserting ``; and''; and
                    (D) by striking subparagraph (B) and inserting:
            ``(4) a fine under this title or imprisonment for not more 
        than ten years, or both, in the case of an offense under 
        subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of 
        this section which occurs after a conviction for another 
        offense under this section.'';
            (13) in subsection (d)--
                    (A) by striking ``subsections (a)(2)(A), (a)(2)(B), 
                (a)(3), (a)(4), (a)(5), and (a)(6) of''; and
                    (B) by striking ``which shall be entered into by'' 
                and inserting ``between'';
            (14) in subsection (e)(7), by striking ``and'' after the 
        semicolon;
            (15) in subsection (e)(8), by striking all after 
        ``information'' and inserting a semicolon;
            (16) in subsection (e)(9), by striking the period at the 
        end and inserting a semicolon;
            (17) by inserting the following after subsection (e)(9):
            ``(10) the term `conviction for another offense under this 
        section' includes a State conviction for a crime punishable by 
        imprisonment for more than 1 year, an element of which is 
        unauthorized access, or exceeding authorized access, to a 
        computer;
            ``(11) the term `loss' means any reasonable cost to any 
        victim, including responding to the offense, conducting a 
        damage assessment, restoring any data, program, system, or 
        information to its condition before the offense, and any 
        revenue lost or costs incurred because of interruption of 
        service; and
            ``(12) the term `person' includes any individual, firm, 
        association, educational institution, financial institution, 
        corporation, company, partnership, government entity, or other 
        legal entity.'';
            (18) by amending subsection (g) to read as follows:
    ``(g) Except as herein provided, any person who suffers damage or 
loss by reason of a violation of this section may maintain a civil 
action against the violator to obtain compensatory damages and 
injunctive or other equitable relief. A suit for a violation of 
subsection (a)(5) may be brought only if the conduct involves one or 
more of the factors enumerated in subsection (a)(5)(B). No action may 
be brought under this subsection unless such action is begun within 2 
years of the date of the act complained of or the date of the discovery 
of the damage.''; and
            (19) by adding the following subsection after subsection 
        (h):
    ``(i)(1) The court, in imposing sentence on any person convicted of 
a violation of this section, shall order, in addition to any other 
sentence imposed and irrespective of any provision of State law, that 
such person forfeit to the United States--
            ``(A) such person's interest in any personal property that 
        was used or intended to be used to commit or to facilitate the 
        commission of such violation; and
            ``(B) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any administrative or judicial 
proceeding in relation thereto, shall be governed by the provisions of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853), except subsection (d) of that section.''.
    (b) Sentencing Commission.--Section 805(c) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 28 U.S.C. 994 
note) is amended by striking ``shall amend the sentencing guidelines to 
ensure any individual convicted of a violation of paragraph (4) or 
(5)'' and inserting ``shall amend the sentencing guidelines to ensure 
any individual convicted of a violation of paragraph (4) or a felony 
violation of paragraph (5)(A)(i) (but not of paragraph (5)(A)(ii) or 
(5)(A)(iii))''.

SEC. 9. INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS 
              AMENDMENTS.

    Chapter 119 of title 18, United States Code, is amended--
            (1) in section 2510(10), by striking ``153(h)'' and 
        inserting ``153(10)'';
            (2) in section 2516(1), by striking ``wire or oral'' and 
        inserting ``wire, oral, or electronic'';
            (3) in the first paragraph (p) of section 2516(1), by 
        inserting ``section 1030 (relating to computer fraud and 
        abuse), section 1362 (relating to destruction of government 
        communications facilities),'' after ``identification 
        documents),''; and
            (4) in section 2516(1), by redesignating the second 
        paragraph (p) as paragraph (q).

SEC. 10. AMENDMENTS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT.

    (a) Penalties for Unlawful Access to Stored Communications.--
Section 2701 of title 18, United States Code, is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``purposes of'' and inserting ``a 
                tortious or illegal purpose,'';
                    (B) in subparagraph (A), by striking ``one year'' 
                and inserting ``three years''; and
                    (C) in subparagraph (B), by striking ``two'' and 
                inserting ``five''; and
            (2) by amending subsection (b)(2) to read as follows:
            ``(2) in any other case--
                    ``(A) a fine under this title or imprisonment for 
                not more than one year, or both, in the case of a first 
                offense under this subparagraph; and
                    ``(B) a fine under this title or imprisonment for 
                not more than five years, or both, for any subsequent 
                offense under this subparagraph.''.
    (b) Voluntary Disclosure of Customer Communications or Records.--
Section 2702 of title 18, United States Code, is amended--
            (1) by amending the catchline to read as follows:
``Sec. 2702. Voluntary disclosure of customer communications or 
              records'';
            (2) in subsection (a)(1)--
                    (A) by striking ``person or entity providing an'' 
                and inserting ``provider of''; and
                    (B) by striking ``and'' at the end;
            (3) in subsection (a)(2)--
                    (A) by striking ``person or entity providing'' and 
                inserting ``provider of''; and
                    (B) by striking the period at the end and inserting 
                ``; and'';
            (4) in subsection (a), by adding the following paragraph 
        after paragraph (2):
            ``(3) a provider of remote computing service or electronic 
        communication service to the public shall not knowingly divulge 
        a record or other information pertaining to a subscriber to or 
        customer of such service (not including the contents of 
        communications covered by paragraph (1) or (2) of this 
        subsection) to any governmental entity.'';
            (5) in the heading of subsection (b) by inserting ``for 
        Disclosure of Communications'' after ``Exceptions'';
            (6) in subsection (b), by striking ``person or entity'' and 
        inserting ``provider described in subsection (a)''; and
            (7) by adding the following subsection after subsection 
        (b):
    ``(c) Exceptions for Disclosure of Customer Records.--A provider 
described in subsection (a) may divulge a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection (a)(1) 
or (a)(2) of this section)--
            ``(1) as otherwise authorized in section 2703 of this 
        title;
            ``(2) with the lawful consent of the customer or 
        subscriber;
            ``(3) as may be necessarily incident to the rendition of 
        the service or to the protection of the rights or property of 
        the provider of that service;
            ``(4) to a governmental entity, if the provider reasonably 
        believes that an emergency involving immediate danger of death 
        or serious physical injury to any person justifies disclosure 
        of the information; or
            ``(5) to any person other than a governmental entity where 
        not otherwise prohibited by law.''.
    (c) Conforming Amendments.--Section 2703 of title 18, United States 
Code, as amended by section 7 of this Act, is futher amended--
            (1) in subsection (c) by--
                    (A) redesignating paragraph (2) as paragraph (3); 
                and
                    (B) redesignating subparagraph (C) of paragraph (1) 
                as paragraph (2);
            (2) in subsection (c)(1) by--
                    (A) striking ``(A) Except as provided in 
                subparagraph (B),'' and inserting ``A governmental 
                entity may require'';
                    (B) striking ``may disclose'' and inserting ``to 
                disclose''; and
                    (C) striking ``to any person other than a 
                governmental entity.'';
                    (D) striking ``(B) A provider of'' through ``to a 
                governmental entity'';
                    (E) redesignating subclauses (i) through (iv) as 
                subparagraphs (A) through (D);
                    (F) striking ``or'' at the end of subparagraph (C) 
                as redesignated;
                    (G) striking the period at the end of subparagraph 
                (D) as redesignated and inserting ``; or''; and
                    (H) adding the following subparagraph after 
                subparagraph (D) as redesignated:
            ``(E) seeks information pursuant to paragraph (2).''; and
            (3) in subsection (c)(2) as redesignated by--
                    (A) striking ``an administrative subpoena 
                authorized by a Federal or State statute or a Federal 
                or State grand jury or trial subpoena'' and inserting 
                ``a Federal or State grand jury or trial subpoena, or a 
subpoena or equivalent process authorized by a Federal or State 
statute,''; and
                    (B) striking ``subparagraph (B).'' and inserting 
                ``paragraph (1).''.
    (d) Civil Damages.--Section 2707(c) of title 18, United States 
Code, is amended by striking ``$1,000'' and inserting ``$5,000''.
    (e) Clerical Amendment.--The item relating to section 2702 in the 
table of sections at the beginnning of chapter 121 of title 18, United 
States Code, is amended to read as follows:

``2702. Voluntary disclosure of customer communications or records.''.

SEC. 11. ADDITIONAL PROVISIONS RELATING TO PEN REGISTERS.

    (a) Emergency Provisions.--Section 3125 of title 18, United States 
Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``or'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking the comma 
                after ``crime'' and inserting a semicolon; and
                    (C) by inserting after subparagraph (B), the 
                following:
                    ``(C) an immediate threat to a national security 
                interest; or
                    ``(D) an ongoing attack on the integrity or 
                availability of a protected computer in violation of 
                section 1030(a)(5)(A)(i) or 1030(a)(5)(A)(ii) of this 
                title,'';
            (2) at the end of the matter following subsection (a)(2), 
        by inserting the following: ``In the event an application for 
        such order is denied, or in any other case where the 
        installation and use of a pen register or trap and trace device 
        is terminated without an order having been issued, any 
        information obtained by such installation and use shall be 
        treated as having been obtained in violation of this chapter, 
        and an inventory shall be served as provided for in subsection 
        (b) of this section on the person named in the application.'';
            (3) by inserting the following after subsection (a):
    ``(b) Within a reasonable time but not later than 90 days after the 
filing of an application for an order of approval under subsection 
(a)(2) of this section which is denied, the denying judge shall cause 
to be served, on the persons named in the order or the application, and 
such other parties to the information obtained by such installation and 
use of a pen register or trap and trace device as the judge may 
determine in his discretion is in the interest of justice, an inventory 
which shall include notice of--
            ``(1) the fact of the entry of the application;
            ``(2) the date of the entry and the date of the denial of 
        the application; and
            ``(3) the fact that during the period covered by the 
        application, information was obtained by the installation and 
        use of a pen register or trap and trace device.
The judge, upon the filing of a motion, may in his discretion make 
available to such person or his counsel for inspection such portions of 
the applications as the judge determines to be in the interest of 
justice. On an ex parte showing of good cause to a judge of competent 
jurisdiction the serving of the inventory required by this subsection 
may be postponed.''; and
            (4) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively.
    (b) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (2) by adding the following paragraph after paragraph (6):
            ``(7) the term `protected computer' has the meaning set 
        forth in section 1030 of this title.''.

SEC. 12. GOVERNMENT ACCESS TO CONTENTS OF STORED ELECTRONIC 
              COMMUNICATIONS.

    Section 2703(a) of title 18, United States Code, is amended by 
striking ``one hundred and eighty days'' each place it appears and 
inserting ``one year''.

SEC. 13. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER 
              NETWORKS.

    Section 2510(17) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A); and
            (2) by inserting at the end the following:
                    ``(C) any storage of an electronic communication by 
                an electronic communication service without regard to 
                whether the communication has been accessed by the 
                intended recipient; and''.




                                                       Calendar No. 562

106th CONGRESS

  2d Session

                               H. R. 5018

                          [Report No. 106-932]

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to modify certain provisions of 
   law relating to the interception of communications, and for other 
                               purposes.

_______________________________________________________________________

                            October 4, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed