[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Page 31114]
[From the U.S. Government Publishing Office, www.gpo.gov]



 LEGISLATION TO EXEMPT CERTAIN REPORTS FROM AUTOMATIC ELIMINATION AND 
                                 SUNSET

                                 ______
                                 

                        LEAHY AMENDMENT NO. 2786

  Ms. COLLINS (for Mr. Leahy) proposed an amendment to the bill (H.R. 
3111) to exempt certain reports from automatic elimination and sunset 
pursuant to the Federal Reports Elimination and Sunset Act of 1995; as 
follows:

       Add at the end the following:
       Sec. 2(a) Short Title.--This Act 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 United States 
     Courts is not required to submit that annual report described 
     in section 219(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.''.

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