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and covert infiltration, overt and covert observation, and civilian informants;

"(5) defense facility' has the same meaning as that set forth in section 782 (7) of title 50, United States Code.". (b) The analysis of chapter 67 of such title is further amended by adding at the end thereof the following new item : "1386. Use of Armed Forces of the United States for surveillance prohibited.".

SEC. 3. (a) Title 28, United States Code, is amended by adding after chapter 171 the following new chapter: "Chapter 172.—ILLEGAL SURVEILLANCE “Sec. “2691. Civil actions, generally ; illegal surveillance. “2692. Class action; illegal surveillance. 2693. Venue. “8 2691. Civil actions, generally; illegal surveillance

*(a) Whenever any person is aggrieved as a result of any act which is prohibited by section 1386 of title 18, United States Code, such a person may bring a civil action for damages irrespective of the actuality or amount of pecuniary injury suffered.

“(b) Whenever any person is threatened with injury as a result of any act which is prohibited by section 1386 of such title, such a person may bring a civil action for such equitable relief as the court determines may be appropriate irrespective of the actuality or amount of pecuinary injury threatened. “2692. Class action; illegal surveillance

“Whenever any person has reason to believe that a violation of section 1386 of title 18, United States Code, has occurred or is about to occur, such person may bring a civil action on behalf of himself and others similarly situated against any civil officer of the United States or any military officer of the Armed Forces of the United States to enjoin the planning or implementation of any activity in violation of that section. "S 2693. Venue

“A person may bring a civil action under this chapter in any district court of the United States or the district in which the violation occurs, or in any district court of the United States in which such person resides or conducts business, or has his principal place of business, or in the District Court of the United States for the District of Columbia.".

(b) The analysis of part VI of such title 28 is amended by adding immediately after item 171 the following new item : "172. Illegal surveillance

2691". (c) Section 1343 of title 28, United States Code, is amended by redesignating paragraph (4) as paragraph (5) and by inserting immediately after paragraph (3) the following new paragraph:

“(4) To recover damages or to secure equitable or other relief under chapter 172 of this title;". SEC. 4. The civil actions provided by the amendments to title 28, United States Code, made by this Act shall apply only with respect to violations of section 1386 of title 18, United States Code, as added by this Act, arising on or after the date of enactment of this Act.

SEC. 5 (a) Section 1385 of title 18, United States Code, is amended by striking out “the Army or the Air Force" and inserting in lieu thereof the following: “the Armed Forces of the United States."

(b) (1) The section heading of section 1385 of such title is amended to read as follows: “S 1385. Use of Armed Forces of the United States as posse comitatus".

(2) Item 1385 of the analysis of chapter 67 is amended to read as follows: "1385. Use of Armed Forces of the United States as posse comitatus.".

[H. R. 11838, 93d Cong., 1st sess. ] A BILL To amend sections 2516 (1) and (2) of title 18 of the United States Code

to assure that all wiretaps and other interceptions of communications which are authorized under that section have prior court approval

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2516 (1) and (2) of title 19 of the United States Code are amended in both instances

(1) by striking out “an order authorizing or approving" and inserting in lieu thereof “an order giving prior authorization to”; and

(2) by striking out “when such interception may provide or has provided” and inserting in lieu thereof "when such interception may provide".

[H. R. 13825, 93d Cong., 2d sess.) A BILL To establish administrative and governmental practices and procedures for

certain kinds of surveillance activities engaged in by the administrative agencies and departments of the Government when executing their investigative, law enforcement, and other functions, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Surveillance Practices and Procedures Act of 1974".

SEC. 2. The Congress hereby finds and declares that,

(a) Recent events have uncovered abuses by certain administrative agencies, departments, and other units of the Government, when engaging in certain surveillance practices, including the use of wiretaps, for investigative, law enforcement, and other purposes.

(b) Those abuses referred to in subsection (a) have undermined and/or threatened to undermine the individual's right to privacy and other constitutional rights and liberties.

(c) The public has expressed deep concern that abusive practices and procedures by governmental agencies, departments, and/or other units of the Government when engaging in surveillance activities for investigative, law enforcement, and other purposes, may continue to undermine and/or threaten to undermine the individual's right to privacy and other constitutional rights and liberties.

(d) There is a need for the administrative agencies and departments of the Government to engage in certain surveillance practices and procedures in order to properly and satisfactorily execute their lawful investigative, law enforcement, and other functions.

(e) Congress should establish practices and procedures to be followed by the administrative agencies, departments, and other units of the Government when engaging in certain surveillance activities so as to reconcile the interest of the Government in properly and satisfactorily executing its investigative law enforcement, and other functions with the interest of the Congress and the public in protecting the integrity of the individual's right to privacy and other constitutional rights and liberties.

(f) The need for the practices and procedures described in subsection (e) is particularly acute in cases involving the use of wiretaps and other electronic surveillance by the administrative agencies, departments, and other units of the Government when executing their investigative, law enforcement, and other functions.

Sec. 3. (a) Section 2510 (10) of title 18, United States Code, is amended by deleting after "Code;" the following: "and".

(b) Section 2510 (11) of title 18, United States Code, is amended by adding after “directed” the following: “; and”.

(c) Section 2510 of title 18, United States Code, is amended by adding immediately after subsection (11) the wing:

“(12) 'foreign agent means any person who is not an American citizen or in the process of becoming an American citizen and whose first allegiance is to a foreign power and whose activities are intended to serve the interest of that foreign power and to undermine the security of the United States.".

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SEC. 4. (a) The first sentence of section 2511(3) of title 18, United States Code, is amended by inserting immediately after "measures" the following: "against foreign powers and foreign agents, pursuant to the procedures delineated in section 2518A,”.

(b) Section 2511 (3) of title 18, United States Code, is amended by deleting the second sentence.

(c) Section 2511 (3) of title 18, United States Code, is amended by striking out the third sentence and adding in lieu thereof the following: "Notwithstanding any other provision of this chapter, neither the contents, nor the evidence derived therefrom, of any wire or oral communication intercepted through application of this subsection shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court, except in civil proceedings against foreign agents.".

SEC. 4A. Section 2516 of title 18, United States Code, is amended by deleting subsection (a) ; subsection letters “(b)”, “(c)”, “(d)”, “(e)”, “(f)”, and “(g)" of section 2516 shall be deleted and the respective subsections shall be identified as “(a)”, “(b)”, “(c)”, “(d)”, “(e)”, and “(f)”.

SEC. 5. (a) Chapter 119 of title 18, United States Code, is amended by adding immediately after section 2516 thereof the following new section : “8 2516A. Authorization for interception of wire or oral communication in na

tional security cases “The Attorney General, or any Assistant Attorney General specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518A of this chapter, an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or any Federal administrative agency, department, or other unit having lawful responsibility for the investigations of the offense as to which application is made, when

“(1) there is probable cause to believe that the individual(s) whose oral or wire communications are to be intercepted has committed or is about to commit an offense punishable by death or by imprisonment for more than one year under

“(a) sections 2274 through 2277 of title 42 of the United States Code (relating to enforcement of the Atomic Energy Act of 1954), or

“(b) one of the following chapters of this title: chapter 37 (relating to espionage), chapter 105 (relating to sabotage), and chapter 115

(relating to treason); and “(2) such interception will probably provide or has provided evidence concerning the commission of that offense.". (b) Chapter 119 of title 18, United States Code, is amended by adding immediately after section 2518 thereof the following new section : “8 2518A. Procedure for interception of wire or oral communication relating to

national security “(1) Each application for an order authorizing or approving the interception of a wire or oral communication under section 2511(3) or section 2516A of this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction, or, in cases involving section 2511 (3), a judge on the Federal District Court for the District of Columbia, 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 officer making the application, and the officer authorizing the application;

(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) a description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (ii) a description of the communications, with as much particularity as is possible and practical, sought to be intercepted, (iii) the identity of the person, if known, whose communications are to be intercepted, and (iv) in cases involving application of section 2516A, details as to the particular offense that has been, is being, or is about to be committed ;

"(c) a detailed statement as to whether or not other investigative procedures have been tried and failed or why they appear to be unlikely to succeed if tried or to be too dangerous;

"(d) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described communications have been first obtained, a description of facts establishing probable cause to believe that additional communications 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 authorization to intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities, 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 obtain such results. "(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. But in no event may authorization or approval of any wire or oral communication be granted unless the applicant furnishes evidence, independent of his and others conclusory opinion, that such interception shall serve one of the purposes set forth in section 2511(3) or section 2516A above.

"(3) Upon such application the judge may enter an ex parte 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, or, in cases involving section 2511(3) when application has been made to a judge on the Federal District Court for the District of Columbia, anywhere within the territorial jurisdiction of the United States, if the judge determines on the basis of the facts submitted by the applicant that

“(a) there is probable cause for belief that the interception is necessary in order to gain information serving one of the purposes set forth in section 2511 (3) or section 2516A ;

“(b) there is probable cause for belief that particular communications concerning one of the purposes set forth in section 2511 (3) or section 2516A will be obtained through such interceptions;

"(c) normal investigative procedures have been tried and have failed to appear to be unlikely to succeed if tried or to be too dangerous; and

"(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 by the subject whose wire or oral

communications are to be intercepted. “(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 communications are to be intercepted ;

"(b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

"(c) a description of the type of the communication sought to be intercepted;

“(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 authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first ob

tained. “(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 authorization, nor in any event longer than fifteen days. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of

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this section and the court making anew the findings required by subsection (3) of this section. In making this new finding under subsection (3), the judge shall, in cases involving section 2516A, require the applicant to furnish additional information and evidence independent of that relied upon in granting the intial order and which, standing alone, would satisfy the requirements of subsection (3). 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 ten days. Every order and extension thereof 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 terminate upon attainment of the authorized objective, or in any event in fifteen days.

" (6) Whenever an order authorizing interception is entered pursuant to this chapter, the order shall require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such report shall be made at such intervals as the judge may require.

“(7) The contents of any wire or oral communication intercepted by any means authorized by section 2511 (3) or section 2516A shall be subject to the requirements of section 2518(8)(a). Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs.

“(8) Notwithstanding any other provision of this chapter, any individual, other than a foreign agent, whose wire or oral communications have been intercepted through application of section 2511 (3) or section 2516A shall, not less than thirty days after the expiration of a judicial order authorizing such interception, be furnished a copy of the court order(s), and accompanying application(s), under which such interception was authorized or approved, and a complete and accurate transcript or other record of the intercepted communication, such transcript or record to also include the date(s) and time(s) at which such interception occurred : Provided, That, upon application of the Attorney General, or any Assistant Attorney General specially designated by the Attorney General, the judge who authorized or approved the interception may postpone the disclosure of such interception if he is satisfied that the individual whose communications have been intercepted is engaged in a continuing criminal enterprise or conspiracy and disclosure of the interception will endanger vital national security interests, such postponement to be as long as the judge deems necessary : And provided further, That any interception, disclosed pursuant to this subsection and which involves application of section 2511 (3), need not disclose the foreign power or agent whose wire or oral communications were intended to be intercepted, nor those facilities at which the interception was intended to or did take place.

“(9) (a) Notwithstanding any other provision of this chapter, any aggrieved person in any trial, hearing, or proceeding 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 intercepted 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;

“(iii) the interception was not made in conformity with the order of authorization or approval; or

“(iv) subsection 2511 (3) requires such suppression. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, 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.

“(b) In addition to any other right to appeal, the United States shall 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 States attorney shall certify to the judge or other -official granting such motion or denying such application that the appeal is

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