§ 2519. — Reports concerning intercepted wire, oral, or electronic communications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2519]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 2519. Reports concerning intercepted wire, oral, or
electronic communications
(1) Within thirty days after the expiration of an order (or each
extension thereof) entered under section 2518, or the denial of an order
approving an interception, the issuing or denying judge shall report to
the Administrative Office of the United States Courts--
(a) the fact that an order or extension was applied for;
(b) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title
did not apply by reason of section 2518(11) of this title);
(c) the fact that the order or extension was granted as applied
for, was modified, or was denied;
(d) the period of interceptions authorized by the order, and the
number and duration of any extensions of the order;
(e) the offense specified in the order or application, or
extension of an order;
(f) the identity of the applying investigative or law
enforcement officer and agency making the application and the person
authorizing the application; and
(g) the nature of the facilities from which or the place where
communications were to be intercepted.
(2) In January of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or the
principal prosecuting attorney of a State, or the principal prosecuting
attorney for any political subdivision of a State, shall report to the
Administrative Office of the United States Courts--
(a) the information required by paragraphs (a) through (g) of
subsection (1) of this section with respect to each application for
an order or extension made during the preceding calendar year;
(b) a general description of the interceptions made under such
order or extension, including (i) the approximate nature and
frequency of incriminating communications intercepted, (ii) the
approximate nature and frequency of other communications
intercepted, (iii) the approximate number of persons whose
communications were intercepted, (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) the approximate nature,
amount, and cost of the manpower and other resources used in the
interceptions;
(c) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which arrests
were made;
(d) the number of trials resulting from such interceptions;
(e) the number of motions to suppress made with respect to such
interceptions, and the number granted or denied;
(f) the number of convictions resulting from such interceptions
and the offenses for which the convictions were obtained and a
general assessment of the importance of the interceptions; and
(g) the information required by paragraphs (b) through (f) of
this subsection with respect to orders or extensions obtained in a
preceding calendar year.
(3) In April of each year 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
authorizing or approving the interception of wire, oral, or electronic
communications pursuant to this chapter and the number of orders and
extensions granted or denied pursuant to this chapter 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 subsections (1) and (2) of this section. 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 subsections (1) and (2) of this section.
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 222;
amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978, 92 Stat.
1798; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), 106(d)(4), Oct. 21,
1986, 100 Stat. 1851, 1857; Pub. L. 106-197, Sec. 2(a), May 2, 2000, 114
Stat. 247.)
Amendments
2000--Par. (2)(b)(iv), (v). Pub. L. 106-197 added cl. (iv) and
redesignated former cl. (iv) as (v).
1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
or electronic'' for ``wire or oral'' in section catchline.
Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted ``(including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did
not apply by reason of section 2518(11) of this title)''.
Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
oral, or electronic'' for ``wire or oral''.
1978--Par. (3). Pub. L. 95-511 inserted ``pursuant to this chapter''
after ``wire or oral communications'' and ``granted or denied''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 401 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
Report on Use of DCS 1000 (Carnivore) To Implement Orders Under Section
2518
Pub. L. 107-273, div. A, title III, Sec. 305(b), Nov. 2, 2002, 116
Stat. 1782, provided that: ``At the same time that the Attorney General,
or Assistant Attorney General specially designated by the Attorney
General, submits to the Administrative Office of the United States
Courts the annual report required by section 2519(2) of title 18, United
States Code, that is respectively next due after the end of each of the
fiscal years 2002 and 2003, the Attorney General shall also submit to
the Chairmen and ranking minority members of the Committees on the
Judiciary of the Senate and of the House of Representatives a report,
covering the same respective time period, that contains the following
information with respect to those orders described in that annual report
that were applied for by law enforcement agencies of the Department of
Justice and whose implementation involved the use of the DCS 1000
program (or any subsequent version of such program)--
``(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title 18,
United States Code, did not apply by reason of section 2518 (11) of
title 18);
``(2) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
``(3) the offense specified in the order or application, or
extension of an order;
``(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the person
authorizing the application;
``(5) the nature of the facilities from which or place where
communications were to be intercepted;
``(6) a general description of the interceptions made under such
order or extension, including--
``(A) the approximate nature and frequency of incriminating
communications intercepted;
``(B) the approximate nature and frequency of other
communications intercepted;
``(C) the approximate number of persons whose communications
were intercepted;
``(D) 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
``(E) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions;
``(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which arrests
were made;
``(8) the number of trials resulting from such interceptions;
``(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
``(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
``(11) the specific persons authorizing the use of the DCS 1000
program (or any subsequent version of such program) in the
implementation of such order.''
Encryption Reporting Requirements
Pub. L. 106-197, Sec. 2(b), May 2, 2000, 114 Stat. 247, provided
that: ``The encryption reporting requirement in subsection (a) [amending
this section] 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.''
