upon which the application was based, shall be delivered to and retained by the applicant as authority for the eavesdropping authorized therein. A true copy of such order shall be retained in his possession by the judge issuing the same, and, in the event of the denial of an application for such an order, a true copy of the papers upon which the application was based shall in like manner be retained by the judge denying the same. "(2) Orders for eavesdropping must be obtained before the eavesdropping commences, except as hereinafter in this section provided. A law enforcement officer may eavesdrop without a court order obtained pursuant to this section only when he has reasonable grounds to believe (a) that evidence of crime may be thus obtained, and (b) that in order to obtain such evidence time does not permit an application to be made for such a court order before such eavesdropping must commence. In any such case an application for a court order pursuant to this section must be made within twenty-four hours after such eavesdropping commenced. In computing said twenty-four hour period, legal holidays shall not be considered. The application for such a court order must contain, in addition to the requirements set forth in this section, the time when such eavesdropping commenced. If such application is granted, the order shall be made effective from the time the eavesdropping commenced. If the application is denied, the eavesdropping must cease immediately. "(3) Except in any trial, hearing, or other proceeding, a person who willfully discloses to any person, other than a carrier whose facilities are involved, or other authorized agent of any law enforcement agency, any information concerning the application for, the granting or denial of orders for eavesdropping, or the identity of the person or persons whose communications, conversations, or discussions are the subject of an ex parte order granted pursuant to this section shall be fined not more than $1,000 or imprisoned not more than six months, or both. "574. Admissibility of evidence "Evidence obtained by any act in violation of this chapter, and evidence obtained through or resulting from information obtained by any such act, shall be inadmissible for any purpose in any civil action, proceeding, or hearing: Provided, however, That any such evidence shall be admissible in any disciplinary trial or hearing or any administrative action, proceeding, or hearing conducted by or on behalf of any governmental agency. "575, Exceptions "(1) Nothing contained in this chapter shall prohibit eavesdropping by any law enforcement officer or agency of any State or any political subdivision thereof, or the introduction in any court of evidence obtained by such eavesdropping, where the eavesdropping has been authorized by a court of such State upon a determination that reasonable grounds existed for belief that such interception might disclose evidence of the commission of a crime. "(2) There may be introduced in any court of the United States evidence relating to the existence, contents, substance, purport, effect, or meaning of any communication by wire or radio which has been intercepted by any law enforcement officer or agency of any State or political subdivision thereof, where the interception of such communication was authorized by a court of such State upon a determination that reasonable grounds existed for belief that such interception might disclose evidence of the commission of a crime. "(3) Information obtained prior to the effective date of this chapter by any authorized agent of any Federal law enforcement agency through or as a result of the interception of any communication by wire or radio upon the express written approval of the Attorney General of the United States in the course of any investigation of any Federal offense shall, notwithstanding the provisions of section 605 of the Communications Act of 1934 (48 Stat. 1103), be deemed admissible in evidence in any criminal proceedings. "§ 576. Duty to report violations "It shall be the duty of every carrier subject to the Communications Act of 1934 (48 Stat. 1103) to report to the law-enforcement agency having jurisdiction, any information coming to his attention with regard to violations of this chapter. Any willful violation of this section shall be punishable by a fine of up to $500.” SEC. 2. The proviso contained in section 605 of the Communications Act of 1934 (48 Stat. 1103) is amended to read as follows: "Provided, That this section shall not apply to the interception, receiving, divulging, publishing, or utilizing the contents of (a) 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) any eavesdropping by any person in accordance with chapter 28 of title 18 of the United States Code." SEC. 3. The Communications Act of 1934 (48 Stat. 1064), as amended, is amended by adding the following new section: "S 223. Authorized interceptions "All carriers subject to the provisions of this chapter are hereby authorized to permit eavesdropping by any person in accordance with chapter 28 of title 18 of the United States Code." SEC. 4. If any provision of this chapter or the application of such provision to any circumstance shall be held invalid, the validity of the remainder of this chapter and the applicability of such provision to other 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 of America 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 is— (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 communications facilities involved, (4) describe with particularity all previous applications made under this section to any judge by the applicant, or by any other person on behalf of the investigative or law enforcement office or agency of which the applicant is a member, for leave to intercept wire communications involving the same communications facilities for the same or any similar purpose, and (5) state the action taken by the judge upon each such previous application. The judge to whom any such application is made, before entering any order thereon, may require the applicant to furnish in support of the application additional documentary evidence or additional oral testimony. (f) Each order granting leave under subsection (d) 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 to be prevented or as to which evidence is to be sought; (3) the identity of the officers authorized to intercept those communications; and (4) the period of time during which such officers are authorized to intercept those communications. (g) No order entered under subsection (d) may grant leave to intercept any wire communication for any period exceeding 60 days. The effective period of any such order may be extended for not more than 30 days upon application made to the judge who entered that order and a showing of reasonable ground for belief that such extension is necessary to obtain evidence of, or to prevent, the commission of an offense described in the order for which extension is sought. AUTHORIZATION FOR CERTAIN DISCLOSURES OF INTERCEPTED WIRE COMMUNICATIONS SEC. 5. (a) Whenever any investigative or law enforcement officer intercepts any wire communication pursuant to and in compliance with the terms of any authorization duly given under section 4 for the purpose of obtaining evidence as to the actual or probable commission of any offense, and that communication provides, or may lead to the discovery of, evidence as to the actual or probable commission of that offense, such officer may divulge or disclose the contents of that communication to any officer or employee of the United States. any Federal agency, or any State if such divulgence or disclosure is required for the proper performance of the official duties of the officer making the divulgence or disclosure. (b) Any individual who has received, by any means authorized by section 4 or section 5(a) of this Act, any information concerning a wire communication intercepted in compliance with authorization duly given under section 4 may divulge or disclose the contents of that communication, to the extent that it provides evidence as to the commission of any offense specified in the order authorizing the interception of that communication, when required to do so while giving testimony under oath in any criminal action pending in any court of the United States or of any State, or in any proceeding of a duly authorized committee or subcommittee of the Congress or either House thereof, or of the legislature of any State or any house thereof. (c) Whenever any wire communication has been intercepted by any person, no part of the contents of that communication obtained through that interception may be received in evidence in any proceeding in or before any court, grand jury, department, officer, agency, or regulatory body or authority of the United States or any State from any witness if the disclosure or divulgence of that information by that witness (by any means other than the giving of testimony in that proceeding) would be in violation of section 3 of this Act. PENALTY FOR UNAUTHORIZED INTERCEPTION OR DISCLOSURE OF WIRE SEC. 6. Section 1362 of title 18, United States Code, is amended by— "(1) willfully intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept, or conspires with any other person to intercept or attempt to intercept any wire communication in violation of section 3 of the Federal Wire Interception Act, or "(2) willfully divulges or discloses to any other person, in violation of section 3 of the Federal Wire Interception Act, any part of the contents of any wire communication with knowledge that such information has been obtained through the interception of a wire communication by any person, shall be fined not more than $10,000, or imprisoned not more than two years, or both. As used in this subsection, each term defined by section 2 of the Federal Wire Interception Act shall have the meaning given thereto by that section." REPORTS CONCERNING INTERCEPTED WIRE COMMUNICATIONS SEC. 7. (a) Within thirty days after the expiration of any order (including any extension thereof) entered by any judge under section 4(d) of this Act, the judge shall transmit to the Administrative Office of the United States Courts a true and correct copy of (1) that order and any order for the extension thereof, (2) the application made therefor, and (3) any application made for the extension of that order. 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 that section, the judge shall transmit to the Administrative Office of the United States Courts 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 (1) all applications made under section 4(b) or 4 (c) of this Act which were denied during the preceding calendar year, and (2) all orders entered under section 4(d) which expired during the preceding calendar year and the applications made therefor. Each such report shall state with respect to such applications and orders the following information: (1) the number of applications made by, and the number of orders granting leave which were entered upon applications made by, each Federal agency and each investigative or law enforcement authority of any State or any political subdivision thereof; (2) the number of orders granting leave entered, and the number of applications denied, by judges of competent jurisdiction of each court; (3) the number of applications made, and the number of orders granting leave entered, with respect to each classification of criminal offenses as to which such applications were made; |