FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE ACT OF 1976

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800110030-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 12, 2016
• Document Release Date: November 1, 2001
• Sequence Number: 30
• Content Type: SUMMARY

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DRAFT SUBSTITUTE AMENDMENT TO H.R.14f r i.
"FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE ACT OF /1976"
OGC Has Reviewed (new title)
(showing how the draft amendment changes existing law)
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CHAPTER 119-WIRE INTERCEPTION AND INTERCEPTION
OF ORAL CO 1UNICATIONS
Sec.
2510. Definitions.
2511. Interception and disclosure of wire or oral communications
prohibited.
2512. Manufacture, distribution, possession, and advertising of wire
or oral communication intercepting devices prohibited.
2513. Confiscation of wire or oral, communication intercepting de-
vices.
25514. Immunity of witnesses.
2515. Prohibition of . use as evidence of intercepted wire or oral
communications.
2516. Authorization for interception of wire or oral communica-
tions:
2517. Authorization for disclosure and use of intercepted wire or
oral communications.
2518. Procedure for interception of wire or oral communications.-
2519.. ? Reports concerning intercepted wire or oral. communications.
2520... Recovery of civil damages authorized.
2510. Definitions
A- ..__1 in
this chapt r
whole.or in.part through the use of facilities for the transmis-
sion of communications by the aid of wire, cable, or other like
'connection between the point of origin and the point of reception
furnished or operated by any person engaged as a common car-
rier in providing or operating such facilities for the transmission
of irjerstate or foreign communications;
(2) "oral communication" means any oral communication ut-
tered?by a person exhibiting an expectation that such communi-
cation is not subject to interception under circumstances justify-
ing such expectation;
(3) "State" means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, ,and any ter-
ritory or possession of the United States;
(4) "intercept" means the aural acquisition of the contents of
any wire or oral communication through the use of any elec-
tropic, mechanical, or other device.
(6) "electronic, mechanical, or other device" means any device
or apparatus which can be used to intercept a wire or. oral com-
miinication other than=
(a) any. telephone or'telegraph instrument, equipment or
facility, or any component thereof, (i) furnished to the sub-
scriber or user by a communications common carrier in the
ordinary course of its business and being used by the sub-
scriber or user in the ordinary course of its business; or
(ii) being used by a communications common carrier in the
ordinary course of its business, or by an investigative or
law enforcement officer in the ordinary course of his duties;
(b) a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;
(6) "person" means any employee, or agent of the United
States or any State or political subdivision thereof, and. any in-
dividual, partnership, association, joint stock company, trust, or
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(1) "wire communication" means any communication made in
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pursuant to section 334 of the Immigration and Nationality Act and who is
engaged in activities which
Section
(7) "Investigative or law enforcement officer" means any of-
ficer of the United States or of a State or political subdivision
thereof, who is empowered by law to conduct investigations of
or to make arrests. for offenses enumerated in this chapter, and
any attorney authorized by law to prosecute or participate in the
prosecution of such offenses;
(8) "contents", when used with respect to any wire or oral
communication, includes any information concerning the ident-
ity, of the parties to such communication or the existence,
substance, purport, or meaning of that communication;
(9) "Judge of competent jurisdiction" means
(a) a judge of a United States district court. or a United.
States court of appeals; and
'(b) a judge of any court of general criminal jurisdiction.
of -a State who is authorized by a statute of that State to
enter orders authorizing interceptions of wire or oral com-
munications;
(10) "communication common carrier" shall have the. same
meaning which is given the term "common carrier" by section
153(h) of title 47 of the United States Code; and
(11) "aggrieved person" means a person who was a party to
any intercepted wire. or oral communication or.a person against
t whom the interception was directed..
"(12) 'foreign agent' means a person who is not acitizen of the
United States or who has not filed a petition for naturalization
are intended to serve the interests of a foreign principal: and
"(13) rforeign principal' includes--
"(a) a government of a. foreign country and a foreign
political party;
"(b) a partnership, association, corporation, organization,
or-other combination of persons organized under the laws of or
having its principal place of business in a foreign country."
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? 2511. Interception and disclosure of wire or oral communications
prohibited
(1) Except as otherwise specifically provided in this chapter any
person who--
(a) willfully intercepts, endeavors to intercept, or procures
any other person to intercept or endeavor to intercept, any wire
or oral communication;
(b) willfully uses, endeavors to use, or procures any other
person to use or endeavor to use any electronic, mechanical, or
other device to intercept any oral communication when--
(i) such device is affixed to, or otherwise transmits a
signal through, a wire, cable, or other like connection used
.in wire communication; or
(ii) such device transmits communications by radio, or
Interferes with the transmission of such communication;
or
(iii) such person knows, or has reason to know, that such
device or any component thereof has been sent through the
mail or transported in interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the
V -
premises of any business or other commercial establishment
the operations of which affect interstate. or foreign com-
merce; or (B) obtains or is for the purpose of obtaining
Information relating to the operations of any business or
other commercial establishment the operations of which af-
fect interstate or foreign commerce; or
(v) such person acts. in the District of Columbia, the.
Commonwealth of Puerto Rico, or any territory or posses-
sion.of the "United States;
(c) willfully discloses, or endeavors to disclose, to any other
person the contents of any wire or oral communication, know-
ing or having reason to know that the information was obtained
through the interception of a wire or oral communication in
violation of this subsection ; or
(d), willfully uses, or endeavors to use, the contents of any
wire or oral communication, knowing or having reason to know
that the information was obtained through the interception of a
wire or oral communication in violation of this subsection;
shall be fined not more than $10,000 or imprisoned not more than
five years, or both.
(2) (a) (i) It shall not be unlawful under this chapter for an
operator of a switchboard, or an officer, employee, or agent of any
communication common carrier, whose facilities are used in the
transmission of a wire communication, to intercept, disclose, or use
that communication in- the normal course of his employment while
engaged in any activity which is a necessary incident to the rendi-
tion of his service or to the protection of the 'rights or property
--f_the carrier of such communication: Provided,. That said com=
-munication common carriers, shall not utilize service observing or
random monitoring except for mechanical. or service quality control
checks.
(ii) It shall not be. unlawful under this chapter for an officer,
employee, or agent of.any communication common carrier to provide
Information, facilities, or technical assistance to an investigative or
law enforcement officer who, pursuant to this chapter, is authorized
to.intercept a wire or oral communication.
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(b) It shall not be unlawful under this chapter for an officer,
employee, or agent of the Federal Communications Commission, in
the normal course of his employment and in discharge of the moni-
toring responsibilities exercised by the Commission in the enforce-
ment of chapter 5 of title 47 of the United States Code, to intercept a
wire communication, or oral communication transmitted by radio, or
to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting
under color of law to intercept a wire or oral communication, where
such person is a party to the communication or one of the parties to
the communication has given prior consent to such interception.
(d) It shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire or oral communication
where such person is a party to the communication or where one of
the parties to the communication has given prior consent to such.
interception unless such communication is intercepted for the pur-
pose of committing any criminal or tortious act in violation,of the
Constitution or laws of the United States or of any State or for the
purpose of committing any other injurious act.
Section 3 (3) Nothing- eentaint& n-this ~ `br-irr- aertioir -696-of- the
EemsattaieeHen& ectbf-i93 (4&?atah4 43; -Ii.6,G-+liF}oj-shaH~im-
i tire- titu ienal-f ewer-e~ she-Pre r e t-ter-ta4.e ek et~seree-as
-deaxt~e-r}ecessax3+-to-gr-o=set-theI.akier~ sgais#-a?La~aa-or-gaAtial?
he
nsttaak -or- cther_hcstile_acts~.of-a-foxei .laaw.er,-to.abtain.foxeign.
intelligence inf orrpati z .. deemed. essential to. the. securi .xxf .
ecl i5tates; or tv protect national-security infrrrraatnnragainst foreefgn
iirtelii enet -ctivitnes;-i`caz-s~ -anything -contained in this-chapter
33e ffS i~d 101imrtrthe" dhoti iIfiona"1-gotv2k"dttlT~f'residertt tft!ke
such-m easur.ea-as? he-@eerns- necessary- to ~rroteet rth~-tTii tti=d "States
a sin t_# g_a~exth e? -she 4 overrrmei*by farce-otothtr trnlazvf xl
m0a4U , -or-agaiast any-other rteax-acrd-.present -rianer tn-th'e"strac
tune-or-e, stefee-crf-the-Cvver=errt: The rtmbs-e'f- any -wire -or
oral.commr,,,Ica4an.4ntersepted-y-attt4rorityrf-iTe preirient-in-th'e
eKereise of -the foreguing TroW~rg Mai'-be receivved-hr evixlenee irr'any
tria4 wearing'ar-other proceeding o nly-where? welt intercepthtmr wu-s
reasooab1e,-aa4 shall-nvt- be otherwise-used-or tifgtt'd's-~ai-exctpt as.
i~ gessaro.to?inplemett that-grower.
2512. Manufacture, distribution, possession, and advertising of
wire or oral communication intercepting devices prohib-
ited t
(1) Except as otherwise specifically provided in this chapter, any
person who willfully-
(a) sends through the mail, or sends or carries in interstate
or foreign commerce, any electronic, mechanical, or other de-
vice, knowing or having reason to know that the design of such
device renders it primarily useful for the purpose of the sur-
reptitious interception of wire or oral communications;
(b) manufactures, assembles, possesses, or sells any electron-
ic, mechanical, or other device, knowing or having reason to
know that the design of such device renders it primarily useful
for the purpose of the surreptitious interception of wire or oral
communications, and that such device or any component thereof
has been or will be sent through the mail or transported in inter-
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la i n newspa er, magazine, handbill, or other
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(i) any electronic, mechanical, or other device knowing
or having reason to know that the design of such device
renders it primarily useful for the purpose of the surrepti-
tious interception of wire or oral communications; or
(ii) any other electronic, mechanical, or other device,
where such advertisement promotes the use of such device
for the purpose of the surreptitious interception of wire or
oral communications,
knowing or having reason to know that such advertisement will
be sent through the mail or transported in interstate or foreign
commerce,
shall be fined not more than $10,000 or imprisoned not more than
five years, or both.
(2) It shall not be unlawful under this section for-.
(a) a communications common carrier ' or an officer, agent,
or employee of, or a person under contract with, a communica-
tions common carrier, in the normal course of the communica-
tions common carrier's business, or
(b) an officer, agent, or employee of, or a' person under con-
tract with, the United States, a State, or a political subdivision
thereof, in the normal course of the activities .of the United
States, a State, or a political subdivision thereof, to send through
the mail, send or carry in interstate or foreign commerce, or
manufacture, assemble, possess, or sell any electronic, mechan-
ical, or other device knowing or having reason to know that
the design of such device renders it primarily useful for the
purpose of the surreptitious interception of wire or oral com-
munications.. -
? 2513. Confiscation of wire or oral communication intercepting de-
vices
Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation
of section 2511 or section 2512 of this chapter may be seized and.
forfeited to the United States. All provisions of law relating to (1)
the seizure, summary. and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the
customs laws contained in title 19 of the United States Code, (2) the
disposition of such vessels, vehicles, merchandise, and baggage or
the proceeds from the sale thereof, (3) the remission or mitigation
of such forfeiture, (4) the compromise of claims, and (5) the
award of compensation to informers in respect of such forfeitures,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this section, insofar as ap-
plicable and not inconsistent with the provisions of this section;
except that such duties as are imposed upon the collector of customs
or any other person with respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and- baggage under the provisions of
the customs laws contained in title 19 of the.United States Code shall
be performed with respect to seizure and forfeiture of electronic,
mechanical, or other intercepting devices under this section by such
officers, agents, or other persons as may be authorized or designated
for that purpose by the Attorney General.
? 2514. Immunity of witnesses
. Whenever in the judgment of a United States attorney the testi-
mony of any witness, or the production of books, papers, or other
evidence by any witness, in any case or proceeding before any grand
jury or court of the United States. involving any violation of this
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conspiracy to violate this chapter or any of the offenses enumerated
in section 2516 is necessary to the public interest, such United States
attorney, upon the approval of the Attorney General, shall make ap-
plication to the court that the witness shall be instructed to testify
or produce evidence subject to the provisions of this section, and
upon order of the court such witness shall not be excused from tes-
tifying or from producing books, papers, or other evidence on the
ground that the testimony or evidence required of him may tend to
incriminate him or subject him to a penalty or forfeiture. No such.
witness shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter or thing, concerning
which he is compelled, after having claimed his privilege against
self-incrimination, to testify or produce evidence, nor shall testimony
so compelled be used as evidence in any criminal proceeding (except
in a proceeding described in the next sentence) against him in any
court. No witness shall be exempt under this section from prosecu-
tion for perjury or contempt committed while giving testimony or
producing evidence under compulsion as provided in this section.
2515. Prohibition of use as evidence of intercepted wire or oral
communications
Whenever any wire or oral communication has been intercepted,
no part of the contents of such communication and no evidence
derived therefrom may be received in evidence in any trial, hearing,
or other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in. violation
of this chapter.
2516. Authorization for interception of wire or oral communica-
tions
(1) The Attorney General, or any'Assistant Attorney General
specially designated by the_Attorney General, may authorize an ap-
plication to a Federal judge of competent jurisdiction for, and such
judge may grant in conformity with section 2518 or section 2519
of this chapter an
order authorizing or approving the interception of wire or oral
communications by the Federal Bureau of Investigation, or a Federal
agency having responsibility for the investigation of the offense or activi
to which the application is made, when such interception may pro-
vide or has provided evidence of-
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(a) any offense punishable by death or by imprisonment for
more than one year under sections 2274 through 2277 of title
42 of the United States Code (relating to the enforcement of the
Atomic Energy Act, of 1954), or under' the following chapters
of this title: chapter 37 (relating to espionage), chapter 105
(relating to sabotage), chapter 115 (relating to treason), or
chapter 102 (relating to riots) ;
(b) a violation of section 186 or section 501(c) of title 29,
United States Code (dealing with restrictions on payments and
loans to labor organizations), or any offense which involves
murder, kidnapping, robbery, or extortion, and which is punish-
able under this title;
(c) any offense which is punishable under the following sec-
tions of this title: section 201 (bribery of public officials and
witnesses), section 224 (bribery in sporting contests), subsec-
tion (d), (e), (f), (g), (h), or (i) of section 844 (unlawful use
of explosives), section 1084 (transmission of wagering informa-
tion), section 1503- (influencing or injuring an officer, juror,
or witness generally), section '1510 (obstruction of criminal
investigations), section 1511 (obstruction of State or local law
enforcement), section 1751 (Presidential assassinations, 'kW_
napping, and assault), section 1951 (interference with commerce
by threats or violence), section 1952 (interstate and foreign
travel or transportation in aid of racketeering enterprises),
section 1954 (offer, acceptance, or.solicitation to influence op-
erations of employee benefit plan), section 1955 (prohibition of
business enterprises of gambling), section 659 (theft from inter-
state shipment), section 664 (embezzlement from pension and
welfare funds), sections 2314 and 2315 (interstate transporta-
tion of stolen property), section 1963 (violations with respect
to racketeer influenced and corrupt organizations) or section..
851 (violations with respect to congressional assassination, kid-
naping and assault) ;
(d) any offense involving counterfeiting punishable under
section 471, 472, or 473 of this title;
(e) any offense involving bankruptcy fraud or the manu-
facture, importation, receiving, concealment, buying, selling, or
otherwise dealing in narcotic drugs, marihuana, or other danger-
ous drugs, punishable under any law of the United States;
(f) any offense including extortionate credit transactions
under sections 892, 893, or 894 of this title; or
_(g) Any conspiracy to commit any of the foregoing offenses.
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(2) The. principal prosecuting attorney of any State, or the prin-
cipal prosecuting attorney of any political subdivision thereof, if
such attorney is authorized by a statute of that State to make ap-
plication to a State court judge of competent jurisdiction for an or-
der authorizing or approving the interception of wire or oral com-
munications, may apply to such judge for, and such judge may grant
in conformity with section 2518 of this chapter and with the ap-
plicable State statute an order authorizing, or approving the inter-
ception of wire or oral communications by investigative or law en-
forcement officers having responsibility for the investigation of the
offense as to which the application is made, when such interception
may provide or has provided evidence of the commission of the of-
fense of murder, kidnapping, gambling, robbery, bribery, extortion,
or dealing in narcotic drugs, marihuana or other dangerous drugs,
or other crime dangerous to life, limb, or property, and punishable by
imprisonment for more than one year, designated in any applicable
State statute authorizing such interception, or any conspiracy to
commit any of the foregoing offenses.
(h) the activities of foreign agents which
i. to protect the nation againstactual.or potential attach or
other hostile acts of foreign power;
ii. to provide` foreign intelligence information important to tt
defense or security of the United States or other information
important in order for the President to exercise an informed jut
ment in foreign affairs pursuant to the authority vested in him
under Article II, U. S. Constitution; or
iii. to protect national defense or security information again
foreign intelligence activities."
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2517. Authorization for disclosure and use of intercepted wire or
oral communications
(1) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire or oral communication, or evidence derived
therefrom, may disclose such contents to another investigative or
law enforcement officer to the extent that such disclosure is appro-
priate to the proper performance of the official duties of the officer
making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire or oral communication or evidence derived
therefrom may use such contents to the extent such use is appropri-
ate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire or oral communication,
or evidence derived therefrom intercepted in accordance with the
provisions of this chapter may disclose the contents of that communi-
cation or ' such derivative evidence while giving testimony under
oath or affirmation in any proceeding held under the authority of the
United States or of any State or political subdivision thereof.
(4) No otherwise privileged wire or oral communication inter-
cepted in accordance with, or in violation of, the provisions of this
chapter shall lose its privileged character.
(5)'1When an investigative or. law enforcement officer, while en-
gaged in intercepting wire or oral communications in the manner
authorized herein, intercepts wire or oral communications relating
to offenses other than those specified in the order of authorization
or approval, the contents thereof, .and evidence derived therefrom,
may be disclosed or used as provided in subsections (1) and (2) of
this section. Such contents and any evidence derived therefrom
may be used under subsection (3) . of this section when authorized
or approved by a judge of competent jurisdiction where such judge
finds on subsequent application that the contents were otherwise in-
tercepted in accordance with the provisions of this chapter. Such
application shall be made as soon as practicable.
Section 4 (6) Notwithstanding any other provision of this chapter, neither
the contents, nor the evidence derived therefrom, of any wire or
oral communication intercepted through an application pursuant t+
Section 2516 (1)(h) shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceding in a Federal
or State court.
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? 2518. Procedure for interception of wire or oral communications
(1) Each application for an order authorizing or approving the
interception of a wire or oral communication shall be made in writ-
ing upon oath or affirmation to a judge of competent jurisdiction
and shall state the applicant's authority to make such application.
Each application shall include the following information:
(a) the identity of the investigative or law enforcement offi-
cer making the application, and the officer authorizing the ap-
plication;
(b) a full and complete. statement of the facts and circum-
stances relied upon by the applicant, to justify his belief that
an order should be issued, including (i) details as to the par-
ticular offense that has been, is being, or is about to be com-
mitted, (ii) a particular description of the nature and location
of the facilities from which or the place where the communica-
tion is to be intercepted, (iii) a particular description of the
type of communications sought to be intercepted, (iv) the iden-.
tity of the person, if known, committing the offense and whose.
communications are to be intercepted;
(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or why
they reasonably appear to be unlikely to succeed if tried or to be
too dangerous;
(d) a statement of the period of time for which the intercep-
tion is required to. be maintained. If the nature of the investiga-
tion is such that the authorization for interception should not
automatically terminate when the described type of communica-
tion has been first obtained, a particular description of facts
establishing probable cause to believe that additional communi-
cations of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning
all previous applications known to the individual authorizing
and making the application, made to any judge for authoriza-.
tion to intercept, or for approval of interceptions of, wire or
oral communications involving any of the same persons, facili-
ties or places specified in the application, and the action taken
by the judge on each such application; and
(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation. of the failure to ob-
tain -such results.
(2) 'The judge may require the applicant to furnish additional tes-
timony or documentary evidence in support of. the application.
(3) Upon such application the judge may enter an ex par'te order,
as requested or as modified, authorizing or approving interception
of wire or oral communications within the territorial jurisdiction of
the court in which the judge is sitting, -if the judge determines on
the basis of the facts 'submitted by the applicant that-
(a) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
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(b). there is probable cause for belief that particular commu-
nications concerning that offense will be obtained through such
interception;
(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
to be too dangerou.5;
(d) there is probable cause for belief that the facilities from
which, or the place where, the wire or oral communications are
to be intercepted are being used, or are about to be used, in
connection with the commission of such offense, or are leased to,
listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception of any
wire or oral communication shall specify-
(a) the identity of the person, if known, whose communica-
tions are to be intercepted;
(b) the nature and location of the communications facilities
as to which, or the place where, authority to intercept is grant-
ed;
(c) a particular description . of the type of communication
sought to be intercepted, and a statement of the particular of-
fense to which it relates;
(d) the identity of the agency authorized to intercept the
communications, and of the person authorizing-the application;
and
(e) the period of time during which such interception is au-
thorized, including a statement as to whether or not the inter-
ception shall automatically terminate when the described com-
munication has been first obtained.
An order authorizing the interception of a wire or oral communica-
tion shall, upon request of the applicant, direct that a communica-
tion common carrier, landlord, custodian or other person shall fur-
nish the applicant forthwith all information, facilities, and technical
assistance necessary to accomplish the interception unobstrusively
and with a minimum of interference with the services that such car-
rier, landlord, custodian, or person is according the person whose
communications are to be intercepted. Any communication common
carrier, landlord, custodian or other person furnishing such facilities
or technical assistance shall be compensated therefor by the appli-
cant at the prevailing rates.
(5) No order entered under this section may authorize or approve
the interception of any wire or oral communication for any period
longer than is necessary to achieve the objective of the authoriza-
tion, nor in any event longer than thirty days. Extensions of an or-
der may be granted, but only.upon application for an extension made
in -accordance with subsection (1) of this section and the court mak-
ing the findings required' by subsection (3) of this section. The
period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted
and in no event for. longer than thirty days. Every order and ex-
tension thereof shall contain a provision that the authorization to
intercept shall be executed as soon as practicable, shall be conducted
in such a way as to minimize the interception of communications not
otherwise subject to interception under this chapter, and must termi-
nate upon attainment of the authorized objective, or in any event
in thirty days.
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Section 5
(6) Whenever an order authorizing interception is entered pursu-
ant to this chapter, the order may require reports to be made to the
judge who issued the order showing what progress has been made to-
ward achievement of the authorized objective and the need for con-
tinued interception. Such reports shall be made at such intervals as
the judge may require.
(7) Notwithstanding any other provision of this chapter, any in-
vestigative or law enforcement officer, specially designated by the
Attorney General or by the principal prosecuting attorney of any
State or subdivision thereof acting pursuant to a statute of that State,
who reasonably determines that
(a) kn emergency situation exists with respect to conspires
fi~tl~i~activ ies-thyeateaing-the-nationaLaeclti=itY-i .ter-e. ar to
conspiratorial activities- characteristic of organized crime that
-requires a wire or oral communication to be intercepted before an
order authorizing such interception can with due diligence be'
obtained, and
(b) there are grounds upon which an order could be entered
under this chapter to authorize such interception,
may intercept such wire or oral communication if an application for
an order approving the interception is made in accordance with this
section within forty-eight hours after the interception has occurred,
or begins to occur. In the absence of an order, such interception
shall immediately terminate when the communication sought is ob-
tained or. when the application for the order is denied, whichever
is earlier.. In the event such application for approval is denied, or
in any other case where the interception is terminated without an or- .
der having 'been issued, the contents of any wire or oral communica-
tion intercepted shall be treated as having been obtained in violation
of this chapter, and an inventory shall be served as provided for
In subsection (d) -of this section on, the person named in the applica-
tion.
(8) (a) The contents of any wire or oral communication intercept-
ed by any means authorized by this chapter shall, if possible, be re
corded on tape or wire or other comparable device. The recording -
of the content: of any wire or oral communication under this sub-
section shall be done in such way as will protect the recording from
editing or other alterations. Immediately upon the expiration of the
period of -the order, or extensions.thereof, such recordings shall be
made available. to the judge issuing such order and sealed under his
directions. Custody of the recordings shall be wherever the judge
orders. They shall not be destroyed except upon an order of the .
issuing or denying judge and in any event shall be kept for ten years.
Duplicate recordings may be made for use or disclosure pursuant to.
the provisions of subsections (1) and (2) of section 2517 of this
chapter for investigations. The presence of the seal provided for
by this subsection, or a satisfactory explanation for the absence
thereof, shall be a prerequisite for the use or disclosure of the con-
tents of any wire or oral communication or evidence derived. there-
from under subsection (3) of section 2517.
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(b) Applications made and orders granted under this chapter
ahaIl be sealed by the judge. Custody of the applications and
orders shall be wherever the judge directs. Such applications and or-
ders shall~be disclosed only upon a showing of good cause before a
judge of competent jurisdiction and shall not be destroyed except on
order of the issuing or denying judge, and in any event shall be
.kept for ten years.
(c) Any violation of the provisiana of this subsection. may be
punished ss contempt of the issuing- or denying judge.
(d} 'Within a reasonable time but not Iater than ninety days after
the filing of an application for an order of approval under section
25I8(.~) (b) which is denied or the termination. of the period of an
order or extensions thereof, the issuing ar denying judge shall cause
to be served, on the persons named in the order or the application,
and such other parties to intercepted communications as the judge
may determine in his discretion that is in the interest of justice, an
inventory which shall include notice of--
. (1) the fact of the entry of the order or the application;
.(2) the date of the entry and the period of? authorized, ap-
proved or disapproved interception, or the denial of the applica-
tion , and
{3} the fact that during the period wire or -oral communica- .
tions were or were not intercepted.
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 intercepted communications, applications and orders 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 sere-
ing of the inventory required by this subsection may be postponed.
(9) The contents of any intercepted wire or oral communication or
evidence derived therefrom shall not be received in evidence or oth-
erwise disclosed in any trial, hearing, or other proceeding in aFeder- .
a3 or State court unless each party, not less than ten days before the
trial, hearing, or proceeding, has been furnished with a copy of the.
court order, and accompanying application, under- which the inter-
ception was .authorized or approved. This ten-day period may be
waived.bythe judge if he finds that it was not possible to furnish the
party with the- above information ten days before the trial, hearing,
or proceeding and that the party will not be prejudiced by the delay
in receiving such information.
{10) (a)~ Any aggrieved person in any trial, hearing, or proceed-
ing in or before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or a political
subdivision thereof, may move to suppress the contents of-any inter-
cepted wire or oral communication, or evidence derived therefrom,
on the grounds that-
(i) the communication was unlawfully intercepted;
{ii) ~ the order of authorization or approval under which it
was intercepted is insufficient on its face; or
(iii) the interception was not made in conformity with the
-order of authorization or approval.
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Such motion shall be made before the trial, hearing, or proceeding
tanless there was no opportunity to make such motion or the person
was not aware of the grounds of the motion. If the motion is grant-
ed, the contents of the intercepted wire or oral communication, or
evidence derived therefrom, shall be treated as having been obtained
in violation of this chapter. The judge, upon the filing of such mo-
tion by the aggrieved person, may in his discretion make available to
the aggrieved person or his counsel for inspection such portions of
the intercepted communication or evidence derived therefrom as the
judge determines to be in the interests of justice.
(b)~~In addition to any other right to appeal, the United States
shalt have the right ~to appeal from an order granting a motion to
suppress made under paragraph (a) of this subsection, or the denial
of an application for an order of approval, if the United Staten at-
torney shall certify to the judge or other official granting such mo-
tion or denying such application that the appeal is not taken for
purposes of delay. Such appeal shall be taken within thirty days
after the date the order was entered and shall be diligently prose-
. toted.
Section b (renumbers Sections 2519 ~ 2520 as 2520 and 2522~see pp. 18 ~
21)
Section 7
Secti.an 2519 Procedure for interception in farei~n in ~~~ n
{1) Each application for an order authorizing o_ r anpravin____~thP
interception of a wire or oral corununication shall be made in writing
upon oath or affirmation to a judge of the United States Court of
Appeals for the District of Columbia and shall state the applicant's
authority to make such application and that the President is .fully
aware of and has personally approved the submission of such applicatio
-Each application shall include the following information:
(a) a complete statement of the facts and circtmistances relied
upon by the applicant, to justify his belief that an order. should
be issued;
(b)~a complete statement as to ti~fiether or not other investigative
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procedures.haye been tried and failed or why they reasonably
appear to be unlikely to succeed if tried or to be too dangerous;
(c) a staterent of the period of time for. which the interception
is required to be maintained.
(2) Upon such.application the judge may enter an ex arts order
as requested, or as modified, authorizing or approving interception
of wire or oral cor~mmications if the judge determines are the basis
of the information submitted by the applicant thate
(a) there~is probable cause for belief that an individual is
a for~i~ agent and that the interception will produce
evidence specified in ~ 2516 (h) of.this chapter,-
{b) there is probable cause for belief that particular communica-
bans providing such evidence will be obtained through. such.
interception;
{c) normal investigative procedures have been tried and have failed
or reasonably appear to be unlikely to succeed if tried on to be
too dangerous ;
(d} there is probable cause for belief that the facilities from
which, ar the place titi~ere, the wire or oral communications are
tv be intercepted are being used, or are about to be used, in
connection with the activity, or are leased to, listed in the name
of; or commonly used by such foreign agent,
~3} Each order authorizing or approving the interception of any
wire or oral co*;~u~,icatian shall specify-- .
' Cad the identity of the fareigr-c agent,-.whose communications are
to be intercepted;'
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(tr) the-nature and location of the communications facilities
as to wi~ich, or the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought
to be intercepted, and a statement of the activity to which_it
relates;
(d) the pexiod of time during which such interception is authorized,
including a statement as to whether or not the interception shall.
automatically terminate when the descr~.bed camrmanication has been
first obtained.
An order authorizing the interception pf.a,,1vire or oral co~nunica-
tion shall, upon request of the applicant,, .direct theta communication
cor,~an carrier, landlord, custodian or other person shall furnish the
applicant forthwith all information, facilities, and technical.
assistance necessary tv acca;nplish the interception unobstrusively
and ~,rith a minimtun of interference with the services that such carrier,.
landlord, custodian, or_persan is according the person whose cormnunica-
bons are_to be intercepted. any cozrnnunication common carrier, land-
lard, custodian or other person furnishing such facilities ar technical
assistance shall be compensated therefor by the applicant at the
prevailing rates. .
Cpl ~0 order entered under this section may continue in effect for
more than 34 -days without reauthorization by a judge of the United
States Court of Appeals for the District of Columbia. Such re-
authorization order may be granted only upon a,determinatian by
such Judge that the circumstances supporting the determination made.
pursuant to subsection 2 of this section remain essentially un-
changedz that progress has been made toward the.achieveMent of the
authorized objective and that there is a need for continued intercept
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(5) Whenever an order authorizing interception is entered pursuant
to this chapter, the order may require reports to be made to the
judge who issued the order showing what progress has been made
tcrvard achiever;~nt of the authorized objective and the need for con-
timed interception.. Such reports shall be made at such intervals
as the judge may require .
(6) Notwithstanding any other ~ pravi.sion of this chapter, the
Attorney General, when he determines. that--
. (a) an emergency situation exists .requiring a faire ox oral .
coraru.uiication to be intercepted before an order authorizing such
anterceptian can with due diligence be obtained, and,
(b) there are gra ands under subsection 2516 (h) upon which. an artier
could be entered under this chapter to authorize such intercepti?n
may intercept such wire or oral, communication if an application for
an order approving the interception is made in accordance with this
section aaithin eight hours after the interception is initiated.
In the absence of an order,-such interception shall immediately
terminate when the comm~ication sought is obtained or when the
application far the~arder is denied, whichever is earlier. In
the even. such application for approval is denied, whichever is
earlier. In the event such application far approval is denied, or
in any othex case zahere the interception is terminated without an
order having been issued, the contents of any wire ar-oral cor~uni~
tion intercepted shall be treated as having been attained in
violation of this chapter, and all records of the contents of such
cornmmications shall be destroyed,
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(c) provided that the Attorney General-shall not .initiate an
interception under this section unless he has mailed to the Chief
Judge of t