ELECTRONIC COMMUNICATIONS PRIVACY ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000400480007-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 22, 2016
• Document Release Date: March 15, 2011
• Sequence Number: 7
• Publication Date: October 1, 1986
• Content Type: OPEN SOURCE

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October 1, 1986 CONGRESSIONAL RECORD - SENATE
Whereas the Communist-controlled gov-
ernments of the Soviet Union, Romania,
and other Warsaw Pact nations have sys-
tematically sought to annihilate organized
religions, especially the Byzantine Rite
Catholic Church, by every possible means,
including the imprisonment and or death of
the Church hierarchy-the only Church
leaders with authority to make decisions for
the faithful;
Whereas no ecclesiastical document with
canonical value exists calling for the disso-
lution of the Byzantine Rite Church, and no
bishops have endorsed or agreed to any
merger with the Orthodox Church, choos-
ing instead intense suffering, persecution,
and death at the hands of their captors;
Whereas even after brutal torture, intimi-
dation, imprisonment, and threats against
their families less than. 40 of the considerbly
more than 2,000 priests in Romania submit-
ted to the pressure of the Government of
Romania and even so continue to practice
their faith;
Whereas 142 Byzantine Rite Catholic
monasteries and convents, 4,119 churches
and chapels in Ukraine, and countless other
such facilities and Church properties were
seized throughout Eastern Europe, includ-
ing the Romanian Catholic cathedral at
Blaj;
Whereas the Byzantine Rite and Latin
Rite Catholic faithful in Ukraine, Romania,
Czechoslovakia, and throughout Eastern
Europe continue to profess and practice
their faith despite a history of persecution
which includes torture, imprisonment, har-
assment, and threats;
Whereas Byzantine Rite Catholic bishops
and priests continue to be ordained and to
serve the spiritual needs of the faithful in
catacomb-like secrecy;
Whereas although the Soviet Union and
its satellites wish the world to think that
there are no Byzantine Rite Catholics
within their borders, millions remain faith-
ful to the Holy See and are conscientious,
practicing Catholics and have asked their
brethren in the West to plead for their reli-
gious freedom and the restoration of their
Churches; and
Whereas the Government of the Soviet
Union and the governments of other Soviet-
bloc Eastern European countries refuse to
allow the restoration of the Byzantine Rite
Catholic Church on an equal basis with
other recognized religions and refuse to re-
store all confiscated property of the Byzan-
tine Rite Catholic Churches: Now, there-
fore, be it
Resolved, That (a) the Senate hereby rec-
ognizes the continuing right of the people
of Ukraine, Lithuania, Romania, Czechoslo-
vakia, and all other Soviet-bloc Eastern Eu-
ropean countries to have freedom of reli-
gion.
(b) The Senate hereby deplores the refus-
al of the Soviet Union and Romania to offi-
cially recognize the Byzantine Rite Catholic
Church and the refusal of the Soviet Union,
Romania, and Czechoslovakia (which al-
lowed the restoration of the Byzantine Rite
Church in 1968) to restore all Church prop-
erties and possessions.
(c) It is the sense of the Senate that the
President should instruct the United States
delegation of the Review Meeting of the
Conference on Security and Cooperation in
Europe, scheduled for November 4, 1986, to
press for the full restoration of the Byzan-
tine Rite Catholic Church and freedom of
religion for the people of all the Captive Na-
tions before the world community.
SEC. 2. The Secretary of the Senate shall
transmit a copy of this resolution to the
President.
Mr. DOLE. Mr. President, I move to
reconsider the vote by which the reso-
lution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
RELEASE TO MUSEUMS OF CER-
TAIN OBJECTS OF THE UNITED
STATES INFORMATION
AGENCY
The bill (H.R. 5522) to authorize the
release to museums in the United
States of certain objects owned by the
United States Information Agency,
was considered, ordered to a third
reading, read the third time, and
passed.
Mr. DOLE. Mr. President, I move to
reconsider the vote by which the bill
was passed.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
CONCERNING THE SOVIET PER-
SECUTION OF MEMBERS OF
THE UKRAINIAN AND OTHER
PUBLIC HELSINKI MONITOR-
ING GROUPS
The concurrent resolution (S. Con.
Res. 154) concerning the Soviet
Union's persecution of members of the
Ukrainian and other public Helsinki
Monitoring Groups, was indefinitely
postponed.
CONCERNING SOVIET PERSECU-
TION OF MEMBERS OF THE
UKRAINIAN AND OTHER HEL-
SINKI MONITORING GROUPS
The concurrent resolution (H. Con.
Res. 332) concerning the Soviet
Union's persecution of members of the
Ukrainian and other public Helsinki
Monitoring Groups, was considered,
and agreed to.
The preamble was agreed to.
Mr. DOLE. Mr. President, I move to
consider the vote by which the concur-
rent resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
^ 1850
ELECTRONIC COMMUNICATIONS
PRIVACY ACT
Mr. DOLE. Mr. President, I ask
unanimous consent that the Senate
now turn to Calendar No. 700, H.R.
4952, dealing with electronic commun-
cations.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
A bill (H.R. 4952) to amend title 18,
United States Code, with respect to the
interception of certain communications
other forms of surveillance, and for other
purposes.
S 14441
The PRESIDING OFFICER. With-
out objection, the Senate will proceed
to its immediate consideration.
The Senate proceeded to consider
the bill.
AMENDMENT NO. 3107
(Purpose: To insert a substitute amend-
ment)
Mr. BYRD. Mr. President, on behalf
of Senators LEAHY, MATHIAS, and
THURMOND, I send an amendment to
the desk and ask for its immediate
consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from West Virginia [Mr.
BYRD], for Mr. LEAHY (for himself and Mr.
MATHIAS, and Mr. THURMOND), proposes an
amendment numbered 3107, in the nature
of a substitute.
Mr. BYRD. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
Strike out all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Electronic
Communications Privacy Act of 1986".
TITLE I-INTERCEPTION OF
COMMUNICATIONS AND RELATED MATTERS
SEC. 101. FEDERAL PENALTIES FOR THE INTERCEP-
TION OF COMMUNICATIONS.
(a) DEFINITIONS.-(1) Section 2510(1) of
title 18, United States Code, is amended-
(A) by striking out "any communication"
and inserting "any aural transfer" in lieu
thereof;
(B) by inserting "(including the use of
such connection in a switching station)"
after "reception".
(C) by striking out "as a common carrier"
and
(D) by inserting before the semicolon at
the end the following: "or communications
affecting interstate or foreign commerce
and such term includes any electronic stor-
age of such communication, but such term
does not include the radio portion of a cord-
less telephone communication that is trans-
mitted between the cordless telephone
handset and the base unit".
(2) Section 2510(2) of title 18, United
States Code, is amended by inserting before
the semicolon at the end the following: "
but such term does not include any electron-
ic communication".
(3) Section 2510(4) of title 18, United
States Code, is amended-
(A) by inserting "or other" after "aural";
and
(B) by inserting ", electronic," after
"wire".
(4) Section 2510(5) of title 18, United
States Code, is amended in clause (a)(i) by
inserting before the semicolon the follow-
ing: "or furnished by such subscriber or user
for connection to the facilities of such serv-
ice and used in the ordinary course of its
business".
(5) Section 2510(8) of title 18, United
States Code, is amended by striking out
"identity of the parties to such communica-
tion or the existence,".
(6) Section 2510 of title 18, United States
Code, is amended-
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 S 14442
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CONGRESSIONAL RECORD - SENATE October 1, 1986
(A) by striking out "and" at the end of
paragraph (10);
(B) by striking out the period at the end
of paragraph (11) and inserting a semicolon
in lieu thereof: and
(C) by adding at the end the following:
"(12) 'electronic communication' means
any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a
wire, radio, electromagnetic, photoelectronic
or photooptical system that affects inter-
state or foreign commerce, but does not in-
clude-
"(A) the radio portion of a cordless tel
between the cordless telephone handset a
the base unit;
"(B) any wire or oral communication;
"(C) any communication made through a
tone-only paging device; or
"(D) any communication from a tracking
device (as defined in section 3117 of this
title):
"(13) 'user' means any person or entity
who- -
"(A) uses an electronic communication
service; and
"(B) is duly authorized by the provider of
such service to engage in such use;
"(14) 'electronic communications system'
means any wire, radio, electromagnetic,
photooptical or photoelectronic facilities for
the transmission of electronic communica-
tions, and any computer facilities or related
electronic equipment for the electronic stor-
age of such communications;
"(15) 'electronic communication service'
means any service which provides to users
thereof the ability to send or receive wire or
electronic communications;
"(16) 'readily accessible to the general
public' means, with respect to a radio com-
munication, that such communication is
not-
"(A) scrambled or encrypted;
"(B) transmitted using modulation tech-
niques whose essential parameters have
been withheld from the public with the in-
tention of preserving the privacy of such
communication;
"(C) carried on a subcarrier or other
signal subsidiary to a radio transmission;
"(D) transmitted over a communication
system provided by a common carrier,
unless the communication is a tone only
paging system communication; or
"(E) transmitted on frequencies allocated
under part 25, subpart D, E, or F of part 74,
or part 94 of the Rules of the Federal Com-
munications Commission, unless, in the case
of a communication transmitted on a fre-
quency allocated under part 74 that is not
exclusively allocated to broadcast auxiliary
services, the communication is a two-way
voice communication by radio;
"(17) 'electronic storage' means-
"(A) any temporary, intermediate storage
of a wire or electronic communication inci-
dental to the electronic transmission there-
of; and
"(B) any storage of such communication
by an electronic communication service for
purposes of backup protection of such com-
munication; and
"(18) 'aural transfer' means a transfer
containing the human voice at any point be-
tween and including the point of origin and
,
ng serv
ce
the point of reception.". toward the completion of the wire or elec-
(b) EXCEPTIONS WITH RESPECT TO ELEC- tronic communication, or a user of that
TRONIC COMMUNICATIONS.- service, from fraudulent, unlawful or abu-
(1) Section 2511(2)(a)(ii) of title 18, United sive use of such service.".
States Code, is amended- (c) TECHNICAL AND CONFORMING AMEND-
(A) by striking out "violation of this sub- MENTS.-(1) Chapter 119 of title 18, United
paragraph by a communication common States Code, is amended-
carrier or an officer, employee, or agent (A) in each of sections 2510(5), 2510(8),
thereof" and inserting in lieu thereof "such 2510(9)(b), 2510(11), and 2511 through 2519
disclosure"; (except sections 2515, 2516(1) and 2518(10)),
by striking out "wire or oral" each place it
appears (including in any section heading)
and inserting "wire, oral, or electronic" in
lieu thereof; and
(B) in section 2511(2)(b), by inserting "or
electronic" after "wire".
(2) The heading of chapter 119 of title 18,
United States Code, is amended by Inserting
"and electronic communications" after
"wire".
(3) The item relating to chapter 119 in the
table of chapters at the beginning of part I
of title 18 of the United States Code is
amended by inserting "and electronic com-
munications" after "Wire".
(4) Section 2510(5)(a) of title 18, United
States Code, is amended by striking out
"communications common carrier" and in-
serting "provider of wire or electronic com-
munication service" in lieu thereof.
(5) Section 2511(2)(a)(i) of title 18, United
States Code, is amended-
(A) by striking out "any communication
common carrier" and inserting "a provider
of wire or electronic communication service"
in lieu thereof;
(B) by striking out "of the carrier of such
communication" and inserting "of the pro-
vider of that service" in lieu thereof; and
(C) by striking out ": Provided, That said
communication common carriers" and in-
serting ", except that a provider of wire
communication service to the public" In lieu
thereof.
(6) Section 2511(2)(a)(ii) of title 18, United
States Code, is amended-
(A) by striking out "communication
common carriers" and inserting "providers
of wire or electronic communication service"
in lieu thereof;
(B) by striking out "communication
common carrier" each place It appears and
inserting "provider of wire or electronic
communication service" in lieu thereof; and
(C) by striking out "if the common carri-
er" and inserting "if such provider" In lieu
thereof.
(7) Section 2512(2)(a) of title 18, United
States Code, is amended-
(A) by striking out "a communications
common carrier" the first place it appears
and inserting "a provider of wire or elec-
tronic communication service" in lieu there-
of; and
(B) by striking out "a communications
common carrier" the second place it appears
and inserting "such a provider" in lieu
thereof; and
(C) by striking out "communications
common carrier's business" and inserting
"business of providing that wire or electron-
ic communication service" in lieu thereof.
(8) Section 2518(4) of title 18. United
States Code, is amended-
(A) by striking out "communication
common carrier" in both places it appears
and inserting "provider of wire or electronic
communication service" in lieu thereof; and
(B) by striking out "carrier" and inserting
in lieu thereof "service provider".
(d) PENALTIES MODIFICATION.-(1) Section
2511(1) of title 18, United States Code, is
amended by striking out "shall be" and all
that follows through "or both" and insert-
ing in lieu thereof "shall be punished as
provided in subsection (4) or shall be subject
to suit as provided in subsection (5)".
(2) Section 2511 of title 18, United States
Code, is amended by adding after the mate-
rial added by section 102 the following:
"(4)(a) Except as provided in paragraph
(b) of this subsection or in subsection (5),
whoever violates subsection (1) of this sec-
tion shall be fined under this title or impris-
oned not more than five years, or both.
"(b) If the offense is a first offense under
paragraph (a) of this subsection and is not.
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(B) by striking out "the carrier" and in-
serting in lieu thereof "such person"; and
(C) by striking out "an order or certifica-
tion under this subparagraph" and inserting
in lieu thereof "a court order or certifica-
tion under this chapter".
(2) Section 2511(2)(d) of title 18, United
States Code, is amended by striking out "or
for the purpose of committing any other in-
(3) Section 2511(2)(f) of title 18, United
States Code, is amended-
(A) b~, inserting "o rha ter 121" after
"this chapter"- and
(B s^ ri the ?n_`the second place
it appears and inserting in lieu i~ er" or
W ) nCeZhgence activities conducted in
ac e with otherwise appica a eder-
al4a'orign electronic commu-
nicativim system, utilizing".
( on 2) of title 18, United
States Code, is amended by adding at the
end the following:
chapter or chapter 121 of this title for any
person-
"(I) to intercept or access an electronic
communication made through an electronic
communication system that is configured so
that such electronic communication is read-
ily accessible to the general public;
"(ii) to intercept any radio communication
hich is transmitted-
"(I) by any station for the use of the gen-
eral public, or that relates to ships, aircraft,
vehicles, or persons in distress;
"(II) by any governmental, law enforce-
ment, civil defense, private land mobile, or
public safety communications system, in-
cluding police and fire, readily accessible to
the general public;
"(III) by a station operating on an author-
ized frequency within the bands allocated to
the amateur, citizens band, or general
mobile radio services; or
"(IV) by any marine or aeronautical com-
munications system;
"(iii) to engage in any conduct which-
"(I) is prohibited by section 633 of the
Communications Act of 1934; or
"(II) is excepted from the application of
section 705(a) of the Communications Act of
1934 by section 705(b) of that Act;
"(iv) to intercept any wire or electronic
communication the transmission of which is
causing harmful interference to any lawful-
ly operating station or consumer electronic
equipment, to the extent necessary to iden-
tify the source of such interference; or
"(v) for other users of the same frequency
to intercept any radio communication made
through a system that utilizes frequencies
monitored by individuals engaged in the
provision or the use of such system, if such
communication is not scrambled or encrypt-
ed.
"(h) It shall not be unlawful under this
chapter-
"(I) to use a pen register or a trap and
trace device (as those terms are defined for
the purposes of chapter 206 (relating to pen
registers and trap and trace devices) of this
title); or
"(ii) for a provider of electronic communi-
cation service to record the fact that a wire
or electronic communication was initiated
or completed in order to protect such pro-
vider
another provider furnishi
i
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October 1, 1986 CONGRESSIONAL RECORD - SENATE
for a tortious or illegal purpose or for pur-
poses of direct or indirect commercial ad-
vantage or private commercial gain, and the
wire or electronic communication with re-
spect to which the offense under paragraph
(a) is a radio communication that is not
scrambled or encrypted, then-
"(I) if the communication is not the radio
portion of a cellular telephone communica-
tion, a public land mobile radio service com-
munication or a paging service communica-
tion, and the conduct is not that described
in subsection (5), the offender shall be fined
under this title or imprisoned not more than
one year, or both; and
"(ii) if the communication is the radio por-
tion of a cellular telephone communication,
a public land mobile radio service communi-
cation or a paging service communication,
the offender shall be fined not more than
$500.
"(c) Conduct otherwise an offense under
this subsection that consists of or relates to
the interception of a satellite transmission
that is not encrypted or scrambled and that
is transmitted-
"(I) to a broadcasting station for purposes
of retransmission to the general public; or
"(ii) as an audio subcarrier intended for
redistribution to facilities open to the
public, but not including data transmissions
or telephone calls,
is not an offense under this subsection
unless the conduct is for the purposes of
direct or indirect commercial advantage or
private financial gain.
"(5)(a)(i) If the communication is-
"(A) a private satellite video communica-
tion that is not scrambled or encrypted and
the conduct in violation of this chapter is
the private viewing of that communication
and is not for a tortious or illegal purpose or
for purposes of direct or indirect commer-
cial advantage or private commercial gain;
or
"(B) a radio communication that is trans-
mitted on frequencies allocated under sub-
part D of part 74 of the rules of the Federal
Communications Commission that is not
scrambled or encrypted and the conduct in
violation of this chapter is not for a tortious
or illegal purpose or for purposes of direct
or indirect commercial advantage or private
commercial gain,
then the person who engages in such con-
duct shall be subject to suit by the Federal
Government in a court of competent juris-
diction.
"(ii) In an action under this subsection-
"(A) if the violation of this chapter is a
first offense for the person under paragraph
(a) of subsection (4) and such person has
not been found liable in a civil action under
section 2520 of this title, the Federal Gov-
ernment shall be entitled to appropriate in-
junctive relief; and
"(B) if the violation of this chapter is a
second or subsequent offense under para-
graph (a) of subsection (4) or such person
has been found liable in any prior civil
action under section 2520, the person shall
be subject to a mandatory $500 civil fine.
"(b) The court may use any means within
its authority to enforce an injunction issued
under paragraph (ii)(A), and shall impose a
civil fine of not less than $500 for each vio-
lation of such an injunction.".
(e) EXCLUSIVITY OF REMEDIES WITH RE-
SPECT TO ELECTRONIC COMMUNICATIONS.-SeC-
tion 2518(10) of title 18, United States Code,
is amended by adding at the end the follow-
ing:
"(c) The remedies and sanctions described
in this chapter with respect to the intercep-
tion of electronic communications are the
only judicial remedies and sanctions for
nonconstitutional violations of this chapter
involving such communications.".
(f) STATE OF MIND.-Paragraphs (a), (b),
(c), and (d) of subsection (1) of section 2511
of title 18, United States Code, are amended
by striking out "willfully" and inserting in
lieu thereof "intentionally".
(2) Subsection (1) of section 2512 of title
18, United States Code, is amended in the
matter before paragraph (a) by striking out
"willfully" and inserting in lieu thereof "in-
tentionally".
SEC. 102. REQUIREMENTS FOR CERTAIN DISCLO-
SURES.
Section 2511 of title 18, United States
Code, is amended by adding at the end the
following:
"(3)(a) Except as provided in paragraph
(b) of this subsection, a person or entity
providing an electronic communication serv-
ice to the public shall not intentionally di-
vulge the contents of any communication
(other than one to such person or entity, or
an agent thereof) while in transmission on
that service to any person or entity other
than an addressee or intended recipient of
such communication or an agent of such ad-
dressee or intended recipient.
"(b) A person or entity providing electron-
ic communication service to the public may
divulge the contents of any such communi-
cation-
"(I) as otherwise authorized in section
2511(2)(a) or 2517 of this title;
"(ii) with the lawful consent of the origi-
nator or any addressee or intended recipient
of such communication;
"(iii) to a person employed or authorized,
or whose facilities are used, to forward such
communication to its destination; or
"(iv) which were inadvertently obtained
by the service provider and which appear to
pertain to the commission of a crime, if
such divulgence is made to a law enforce-
ment agency.".
SEC. 103. RECOVERY OF CIVIL DAMAGES.
Section 2520 of title 18, United States
Code, is amended to read as follows:
"? 2520. Recovery of civil damages authorized
"(a) IN GENERAL.-Except as provided in
section 2511(2)(a)(ii), any person whose
wire, oral, or electronic communication is
intercepted, disclosed, or intentionally used
in violation of this chapter may in a civil
action recover from the person or entity
which engaged in that violation such relief
as may be appropriate.
"(b) RELIEF.-In an action under this sec-
tion, appropriate relief includes-
"(1) such preliminary and other equitable
or declaratory relief as may be appropriate;
"(2) damages under subsection (c) and pu-
nitive damages in appropriate cases; and
"(3) a reasonable attorney's fee and other
litigation costs reasonably incurred.
"(C) COMPUTATION OF DAMAGES.-(1) In an
action under this section, if the conduct in
violation of this chapter is the private view-
ing of a private satellite video communica-
tion that is not scrambled or encrypted or if
the communication is a radio communica-
tion that is transmitted on frequencies allo-
cated under subpart D of part 74 of the
rules of the Federal Communications Com-
mission that is not scrambled or encrypted
and the conduct is not for a tortious or ille-
gal purpose or for purposes of direct or indi-
rect commercial advantage or private com-
mercial gain, then the court shall assess
damages as follows:
"(A) If the person who engaged In that
conduct has not previously been enjoined
under section 2511(5)(a)(i) and has not been
found liable in a prior civil action under this
section, the court shall assess the greater of
the sum of actual damages suffered by the
plaintiff, or statutory damages of not less
than $50 and not more than $500.
"(B) If, on one prior occasion, the person
who engaged in that conduct has been en-
S14443
joined under section 2511(5)(a)(i) or has
been found liable in a civil action under this
section, the court shall assess the greater of
the sum of actual damages suffered by the
plaintiff, or statutory damages of not less
than $100 and not more than $1000.
"(2) In any other action under this sec-
tion, the court may assess as damages
whichever is the greater of-
"(A) the sum of the actual damages suf-
fered by the plaintiff and any profits made
by the violator as a result of the violation;
or
"(B) statutory damages of whichever is
the greater of $100 a day for each day of
violation or $10,000.
"(d) DEFENSE.-A good faith reliance on-
"(1) a court warrant or order, a grand jury
subpoena, a legislative authorization, or a
statutory authorization;
"(2) a request of an investigative or law
enforcement officer under section 2518(7) of
this title; or
"(3) a good faith determination that sec-
tion 2511(3) of this title permitted the con-
duct complained of;
is a complete defense against any civil or
criminal action brought under this chapter
or any other law.
"(e) LIMITATION.-A civil action under this
section may not be commenced later than
two years after the date upon which the
claimant first has a reasonable opportunity
to discover the violation.".
SEC. 104. CERTAIN APPROVALS BY JUSTICE DE-
PARTMENT OFFICIALS.
Section 2516(1) of title 18 of the United
States Code is amended by striking out "or
any Assistant Attorney General" and insert-
ing in lieu thereof "any Assistant Attorney
General, any acting Assistant Attorney
General, or any Deputy Assistant Attorney
General in the Criminal Division".
SEC. 105. ADDITION OF OFFENSES TO CRIMES FOR
WHICH INTERCEPTION IS AUTHIIR-
IZED.
(a) WIRE AND ORAL INTERCEPTIONS.-
Sec-tion 2516(1) of title 18 of the United States
Code is amended-
(1) in paragraph (c)-
(A) by inserting "section 751 (relating to
escape)," after "wagering information),";
(B) by striking out "2314" and inserting
"2312, 2313, 2314," in lieu thereof;
(C) by inserting "the second section 2320
(relating to trafficking in certain motor ve-
hicles or motor vehicle parts), section 1203
(relating to hostage taking), section 1029
(relating to fraud and related activity in
connection with access devices), section 3146
(relating to penalty for failure to appear),
section 3521(b)(3) (relating to witness relo-
cation and assistance), section 32 (relating
to destruction of aircraft or aircraft facili-
ties)," after "stolen property),";
(D) by inserting "section 1952A (relating
to use of interstate commerce facilities in
the commission of murder for hire), section
1952B (relating to violent crimes in aid of
racketeering activity)," after "1952 (inter-
state and foreign travel or transportation in
aid of racketeering enterprises),";
(E) by inserting ", section 115 (relating to
threatening or retaliating against a Federal
official), the section in chapter 65 relating
to destruction of an energy facility, and sec-
tion 1341 (relating to mail fraud)," after
"section 1963 (violations with respect to
racketeer influenced and corrupt organiza-
tions)"; and
(F) by-
(I) striking out "or" before "section 351"
and inserting in lieu thereof a comma; and
(ii) inserting before the semicolon at the
end thereof the following: ", section 831 (re-
lating to prohibited transactions involving
nuclear materials), section 33 (relatI^g to
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S 14444
destruction of motor vehicles or motor vehi-
cle facilities), or section 1992 (relating to
wrecking trains)'"
(2) by striking out "or" at the;end of para-
graph (g);
(3) by inserting after paragraph (g) the
following:
"(h) any felony violation of sections 2511
and 2512 (relating to interception and dis-
closure of certain communications and to
certain intercepting devices) of this title;
"(i) any violation of section 1679a(c)(2)
(relating to destruction of a natural gas
pipeline) or subsection (I) or (n) of section
1472 (relating to aircraft: piracy) of title 49,
of the United States Code;
"(j) any criminal violation of section 2778
of title 22 (relating to the Arms Export Con-
trol Act); or";
"(k) the location of any fugitive from jus-
tice from an offense described in this sec-
tion;
(4) by redesignating paragraph (h) as
paragraph (1); and
(5) in paragraph (a) by-
(A) inserting after "Atomic Energy Act of
1954)," the following: "section .2284 of title
42 of the United States Code (relating to
sabotage of nuclear facilities or fuel), ";
(B) striking out "or" after "(relating to
treason),"; and
(C) inserting before the semicolon at the
end thereof the following: "chapter 65 (re-
lating to malicious mischief), chapter 111
(relating to destruction of vessels), or chap-
ter 81 (relating to piracy)".
(b) INTERCEPTION OF 'ELECTRONIC COMMUNI-
cATIoNs.-Section 2516 of title 18 of the
United States Code is amended by adding at
the end the following:
"(3) Any attorney for the Government (as
such term is defined for the purposes of the
Federal Rules of 'Criminal Procedure) may
authorize an application'to it 'Federal judge
of competent jurisdiction for, and such
judge may grant, in conformity with section
2518 of this title, an order authorizing or ap-
proving the interception of electronic com-
munications by an investigative or law en-
forcement officer having responsibility for
the investigation of the offense as to Which
the application is made, when such Intercep-
tion may provide or 'has provided evidence
of any Federal felony.".
SEC. 106. APPLICATIONS, ORDERS, AND IMPLEMEN?
TATION'OF ORDERS.
(a) PLACE OF AUTHORIZED INTDRCEPTION.-
Section 2518(3) of 'title f8 of the, United
States Code is amended by inserting "(and
outside that jurisdiction but within the
United States in the case of a mobile inter-
ception device authorized by a Federal court
within such jurisdiction)" after "within the
territorial jurisdiction of the court in which
the judge is sitting".
(b) REIMBURSEMENT FOR AssISTANOE.-Sec-
tion 2518(4) of title 18 of the United States
Code is amended by striking out "at the pre-
vailing rates" and inserting in lieu thereof
"for reasonable expenses incurred In provid-
ing such facilities or assistance".
(C) COMMENCEMENT OF THIRTY-DAY PERIOD
AND POSTPONEMENT OF MINIMIZATION.-Sec-
tion 2518(5) of title 18 of the United "States
Code is amended-
(1) by inserting after the first sentence
the following: "Such thirty-day period
begins on the earlier of the day on which
the investigative or law enforcement officer
first begins to conduct an interception
under the order or ten days after the order
is entered."; and
(2) by adding at the end the following: "In
the event -the intercepted communication is
in a code or foreign language,:and an expert
in that foreign language or code is not rea-
sonably available during the interception
period, minimization may be accomplished
ernment, acting under the supervision of an
investigative or law enforcement officer au-
thorized to conduct the -interception."'.
(d) ALTERNATIVE TO DESIGNATING SPECIFIC
FACILITIES FROM WHICH COMMUNICATIONS
ARE To BE INTERCEPTED.-