PROCEDURE

SEC. 8. (a) CONTENTS OF APPLICATION.-Each application under subsection (b) or (c) of section 5 of this Act shall be made in writing upon oath or affirmation, and shall state the applicant's authority to make such application. Each application shall include the following information:

(1) a full and complete statement of the facts and circumstances relied upon by the applicant;

(2) the nature and location of the communications facilities involved; (3) all previous applications, known to the individual authorizing the application, made to any judge for leave to intercept wire communications involving the same communication facilities, or any of them, or involving any person named in the application as committing, having committed or being about to commit an offense, and the action taken by the judge on each such application.

(b) ADDITIONAL EVIDENCE IN SUPPORT OF APPLICATION.-The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

(c) GROUNDS FOR ISSUANCE.-Upon such application the judge may enter an ex parte order granting leave to intercept wire communications at any place 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 there is probably cause for belief that

(1) an offense for which such an application may be filed under this Act is being, has been, or is about to be committed;

(2) facts concerning that offense may be obtained through such interception;

(3) no other means are readily available for obtaining that information; and

(4) the facilities from which communications are to be intercepted are being used or 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, a person who has committed, is committing, or is about to commit such offense. (d) CONTENTS OF ORDER.-Each order granting leave to intercept any wire communication shall specify

(1) the nature and location of the communications facilities as to which leave to intercept is granted;

(2) each offense as to which information is to be sought;

(3) the identity of the agency authorized to intercept the communications; and

(4) the period of time during which such interception is authorized. (e) TIME LIMIT AND EXTENSIONS OF ORDER.-No order entered under this section may grant leave to intercept any wire communication for any period exceeding forty-five days. Extensions of the order may be granted for periods of not more than twenty days each upon further application made in conformity to subsection (a) of this section and upon the findings required by subsection (c) of this section.

(f) NOTICE OF INTENTION.-The contents of an intercepted wire communication shall not be received in evidence or otherwise disclosed in any criminal proceeding in a Federal court unless each defendant, not less than ten days before the trial, has been furnished with a copy of the court order or other authorization pursuant to which the interception was made. The ten-day period specified above may be waived by the judge if he finds that it was not possible to furnish the defendant with the above information ten days before the trial, and that the defendant will not be prejudiced by the delay in receiving such information.

(g) MOTION TO SUPPRESS.-Any defendant in a criminal trial in a Federal court may move in that court to suppress the use as evidence of the contents of any intercepted communication or any part thereof or evidence derived therefrom, on the ground that (1) the communication was unlawfully intercepted; (2) the order or other authorization pursuant to which it was intercepted is insufficient on its face; (3) in the case of an order of a court, there was not probable cause for believing the existence of the grounds on which the order was issued; or (4) the interception was not made in conformity with the order or other authorization. Such motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds of the motion, but the court in its discretion may entertain the motion at the trial or

hearing. If the motion is granted the evidence shall not be admissible in any court or proceeding.

(h) SEALING OF APPLICATIONS AND ORDERS.-Applications made to a court and orders granted by the court pursuant to this Act shall be sealed by the court. They shall not be made public except in accordance with this Act or by order of the court.

REPORTS CONCERNING INTERCEPTED WIRE COMMUNICATIONS

SEC. 9. (a) Within thirty days after the expiration of any order (including any extension thereof) entered by any State or Federal judge under this Act, the judge shall cause to be transmitted to the Administrative Office of the United States Courts and to the Attorney General of the United States a true and correct copy of (1) that order and any order for the extension thereof, and (2) the application or applications made therefor. Within thirty days after the denial by any judge of any application made to him for the entry of any order, or for the extension of any order previously entered by him, under this Act, the judge shall transmit to the Administrative Office of the United States Courts and to the Attorney General of the United States a true and correct copy of that application.

(b) In March 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 under section 5(b) or 5(c) of this Act which were made, granted and denied during the preceding calendar year. Such reports shall state

(1) the number of applications made by or on behalf of each Federal or State agency, and the number of orders granting or denying such applications;

(2) the number of applications made to, and granted and denied by, each Federal or State court;

(3) the number of applications made, granted, and denied with respect to each category of criminal offenses enumerated in section 5 of this Act; (4) the number of applications made, granted, and denied within each State and each municipality or other political subdivision thereof, with respect to each such category of criminal offenses.

SEC. 10. As used in this Act

DEFINITIONS

(1) The term "wire communication" means any communication made through the use of facilities for the transmission 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 carrier in providing or operating such facilities for the transmission of interstate or foreign communications;

(2) The term "interstate communication" means any communication transmitted (a) from any State to any other State, or (b) within the District of Columbia or any possession of the United States;

(3) The term "foreign communication" means any communication transmitted between the United States and any foreign country;

(4) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any possession of the United States;

(5) The term "intercept" means the acquisition of the contents of any wire communication from a wire communication facility or component thereof, through the use of any intercepting device, by any person other than the sender or receiver of such communication or a person authorized by either;

(6) The term "intercepting device" means any device or apparatus, other than an extension telephone instrument furnished to the subscriber or user by a communication common carrier in the ordinary course of its business as such carrier;

(7) The term "contents", when used with respect to any wire communication, includes any information concerning the identity of the parties to such communication or the existence, contents, substance, purport, or meaning of that communication;

(8) The term "person" means any individual, including any officer or employee of the United States or any State or political subdivision thereof, and any partnership, association, joint-stock company, trust, or corporation;

(9) The term "investigative or law enforcement officer" means any officer 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 specified in this Act, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses;

(10) The term "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 granting leave to intercept any wire communication.

COMMUNICATIONS ACT AMENDMENT

SEC. 11. Section 605 of the Communications Act of 1934 (48 Stat. 1103; 47 U.S.C. 605) is amended to read as follows:

"No person receiving or assisting in receiving, or transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, or to the master of a ship under whom he is serving, or in response to a subpoena issued by a court of competent jurisdiction, or on demand of other lawful authority; and no person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by wire or radio and use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto : Provided, That this section shall not apply to (a) the intercepting, receiving, divulging, publishing, or utilizing the contents of any radio communication broadcast, or transmitted by amateurs or others for the use of the general public, or relating to ships in distress, or (b) the interception of any wire communication, or the divulgence or disclosure of the existence, contents, substance, purport, or meaning thereof, if such interception, divulgence, or disclosure is declared by the Federal Wire Interception Act not to be in violation of that Act."

SEPARABILITY

SEC. 12. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the other provisions of this Act and the application of any provision to other persons or circumstances shall not be affected thereby.

[S. 1495, 87th Cong., 1st sess.]

A BILL To prohibit wiretapping by persons other than duly authorized law enforcement officers engaged in the investigation or prevention of specified categories of criminal offenses, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That this Act may be cited as the "Federal Wire Interception Act".

SEC. 2. As used in this Act

DEFINITIONS

(1) The term "wire communication” means any communication made through the use of telephone or telegraph facilities furnished by any person engaged, as a common carrier for hire, in providing such facilities for the transmission of interstate or foreign communications;

(2) The term "interstate communication" means any communication transmitted (A) from any State to any other State, or (B) within the District of Columbia or any possession of the United States;

((3) The term "foreign communication" means any communication transmitted between any State or any possession of the United States and any foreign country;

(4) The term "intercept" means the acquisition by any person, through the use of any intercepting device, of the contents of any wire communication made by any other person;

(5) The term "intercepting device” means any mechanical, electrical, or electronic device or apparatus other than a telephone or telegraph instrument, an extension telephone instrument, a switchboard, a wire communications line, cable, or system, or other part of the facilities used for the transmission of a wire communication from the sender to the person intended by the sender to be the recipient thereof;

(6) The term "contents", when used with respect to any wire communication means any information concerning the existence, contents, substance, purport, or meaning of that communication;

(7) The term "person" means any individual, including any individual serving as an investigative or law enforcement officer of the United States, any Federal agency, or any State, and any partnership, association, joint-stock company, trust, or corporation;

(8) The term "Federal agency" means any department, agency, or armed force of the United States;

(9) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any possession of the United States; and

(10) The term "judge of competent jurisdiction", when used with respect to any application for leave or any order granting leave to intercept any wire communication, means

(A) a judge of a district court of the United States or a court of appeals of the United States, as to any application made or order entered to obtain evidence of, or to prevent, the commission of any offense in violation of any statute of the United States; and

(B) a judge of any court of a State who is authorized by a statute of that State to enter orders granting such leave, as to any application made or order entered to obtain evidence of, or to prevent, the commission of any offense in violation of the law of that State.

INTERCEPTION AND DIVULGENCE OF WIRE COMMUNICATIONS PROHIBITED

SEC. 3. (a) Except as otherwise specifically provided by this Act, it shall be unlawful for any person to

(1) intercept, attempt to intercept, procure any other person to intercept or attempt to intercept, or conspire with any other person to intercept or attempt to intercept, any wire communication; or

(2) divulge or disclose to any other person the contents of any wire communication if the person divulging or disclosing that information knows that such information was obtained through the interception of a wire communication by any person.

(b) It shall not be unlawful under this section for any person to intercept any wire communication if that person in

(1) the sender of that communication;

(2) the person intended by the sender to be the recipient thereof;

(3) a person authorized by the sender or by the intended recipient thereof to intercept that communication;

(4) an officer, agent, or employee of any common carrier for hire whose facilities are used in the transmission of that communication who intercepts that communication in the normal course of his employment while engaged in any activity which is a necessary incident of the rendition of service by that common carrier; or

(5) an investigative or law enforcement officer acting pursuant to and in compliance with authorization duly given under section 4 of this Act. (c) It shall not be unlawful under this section for any person to divulge or disclose to any other person the contents of any wire communication if—

(1) the person making such divulgence or disclosure is the sender of that communication, the person intended by the sender to be the recipient thereof, or a person authorized by the sender or by the intended recipient thereof to intercept that communication;

(2) such information has been divulged or disclosed previously by any person described in paragraph (1) of this subsection to any other person, or by any individual while giving testimony in compliance with the provisions of section 5(b) of this Act in any action or proceeding described in that section; or

(3) such divulgence or disclosure is authorized by and made in compliance with the provisions of section 5(a) or section 5(b) of this Act. (d) Violations of this section shall be punished as provided by section 1362, title 18, United States Code.

AUTHORIZATION FOR CERTAIN INTERCEPTION OF WIRE COMMUNICATIONS

SEC. 4. (a) Upon application made by any investigative or law enforcement officer of the United States, or any Federal agency, the Attorney General may authorize such officer to intercept any wire communication if the Attorney General determines that there is reasonable ground for belief that:

(1) a criminal offense punishable by death or by imprisonment for more than one year under chapter 37, 55, 105, or 115 of title 18 of the United States Code, or as an attempt or conspiracy to commit any such offense, has been committed or is about to be committed;

(2) evidence essential to the conviction of any person for, or to the prevention of, that offense will be obtained through such interception of the described wire communications; and

(3) no other means are readily available for obtaining such evidence. (b) The Attorney General, or any officer of the Department of Justice or any United States Attorney specially designated by the Attorney General, may authorize any investigative or law enforcement officer of the United States or any Federal agency to apply to a judge of competent jurisdiction for leave to intercept wire communications when such action is required to obtain evidence of, or to prevent, the commission of any criminal offense punishable by death or by imprisonment for more than one year (1) under chapter 37, 55, 105, or 115 of title 18 of the United States Code, (2) as an offense under any other statute of the United States which involves murder, extortion, bribery, gambling, racketeering, or the possession, use, or furnishing of narcotic drugs, or (3) as an attempt or conspiracy to commit any offense in violation of any such statutory provision.

(c) Any investigative or law enforcement officer of any State or any political subdivision thereof who is authorized by or pursuant to a statute of that State to make application to a judge of competent jurisdiction for leave to intercept any wire communication may apply, in conformity with the procedures prescribed by the law of that State, for leave to intercept wire communications within that State when such action is required to obtain evidence of, or to prevent, the commission of any criminal offense which is punishable under the law of that State by death or by imprisonment for more than one year as an offense defined by the law of that State which involves murder, kidnaping, extortion, bribery, gambling, or the possession, use, or furnishing of narcotic drugs, or as an attempt or conspiracy to commit any such offense.

(d) Upon application made to a judge of competent jurisdiction by any investigative or law enforcement officer authorized by or pursuant to subsection (b) or subsection (c) to make such application, the judge may enter an ex parte order granting leave to intercept the wire communications designated therein, at any place within the territorial jurisdiction of the court of which the judge is a member, if the judge determines that there is reasonable ground for belief that:

(1) a criminal offense of any category described in subsection (b) or subsection (c) has been committed or is about to be committed;

(2) evidence essential to the conviction of any person for, or to the prevention of, that offense will be obtained through such interception of the described wire communications; and

(3) no other means are readily available for obtaining such evidence. (e) Each application under subsection (b) or subsection (c) shall be made in writing upon oath or affirmation of the applicant, and shall contain a full and complete statement of the facts and circumstances relied upon by the applicant. The application shall (1) include a statement of the authorization under which the application is made, (2) include a statement of the purpose for which the application is made, (3) specify the nature and location of the com