To amend title 18 of the United States Code with respect to the interception of certain communications, other forms of surveillance, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. KASTENMEIER introduced the following bill; which was referred to the A BILL To amend title 18 of the United States Code with respect to the interception of certain communications, other forms of surveillance, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Electronic Surveillance 4 Act of 1984". 5 SEC. 2. (a) Section 2510(4) of title 18 of the United 6 States Code is amended by striking out "aural". 7 (b) Section 2510(11) of title 18 of the United States 8 Code is amended by inserting “, and, in the case of an inter9 ception pursuant to an order under this chapter, includes any 10 person with respect to whom the applicant for such order had 2 1 reasonable cause to believe was involved in the activity being 2 investigated through such interception" after "directed". 3 SEC. 3. Section 2515 of title 18 of the United States 4 Code is further amended by adding at the end "Whenever 5 the interception of a communication otherwise in accordance 6 with this chapter has failed to meet the minimization require7 ment of section 2518(5) of this title, and such failure is part 8 of a pattern of intentional illegality, the court may order that 9 no part of the contents of any communication intercepted 10 during the course of conduct demonstrating that pattern, and 11 no evidence derived therefrom, may be received in any such 12 trial, hearing, or other proceeding, and may also make appro13 priate orders preventing the use or disclosure of any such 14 contents.”. 15 SEC. 4. Section 2516(1)(c) of title 18 of the United 16 States Code is amended by inserting "section 1512 (tamper17 ing with a witness, victim, or an informant), section 1513 18 (retaliating against a witness, victim, or an informant)," after 19 "(obstruction of State or local law enforcement),". 20 SEC. 5. Section 2517(5) of title 18 of the United States 21 Code is amended 2 23 24 (1) by striking out "When" and inserting "To the extent" in lieu thereof; and (2) by inserting "solely" after "relating". 3 1 SEC. 6. (a) Section 2518(1)(b) of title 18 of the United 2 States Code is amended by inserting immediately before the 3 semicolon at the end the following: ", and (v) the specific 4 investigative objectives and the specific targets, of the inter 5 ception to which the application pertains". 6 (b) Section 2518(1)(c) of title 18 of the United States 7 Code is amended 8 9 10 11 12 13 (1) by inserting "(including the use of informants, search warrants, interviewing witnesses, and obtaining documents through other legal means)" after "procedures"; and (2) by striking out "or why they" and inserting in lieu thereof “and establishing that any further use of 14 such procedures would". 15 (c) Section 2518(3) of title 18 of the United States Code 16 is amended by inserting “(and outside that jurisdiction in the 17 case of a motile interception device installed within such ju18 risdiction)" after "within the territorial jurisdiction of the 19 court in which the judge is sitting". 20 (d) Section 2518(4) of title 18 of the United States Code 21 is amended by adding at the end "A communication shall not 22 be intercepted under an order under this chapter unless at 23 least one of the parties to such communication is identified in 24 such order, the court issuing such order found probable cause 25 that virtually everyone using the designated facility or tele 4 1 phone is doing so for the purpose which is the object of inves2 tigation set forth in such order, or for the purpose of monitor3 ing to become familiar with the voices of targets set forth in 4 such order. The use or disclosure of information obtained by 5 an interception which is authorized under this chapter and 6 utilizes an automatic listening device shall be treated under 7 this chapter in the same manner as the use and disclosure of 8 information obtained by an interception not using such a 9 device. An order authorizing the interception of a wire or 10 oral communication under this chapter may, upon a showing 11 by the applicant that there are no other less intrusive means 12 of effecting the interception, authorize physical entry to in13 stall an electronic, mechanical, or other device.". 14 (e) Section 2518(5) of title 18 of the United States Code 15 is amended by inserting "with the good faith intent to mini 16 mize and" before "in such a way as". 17 (f) Subsection (6) of section 2518 of title 18 of the 18 United States Code is amended to read as follows: 19 "(6) An order authorizing interception pursuant to this 20 chapter shall require that reports be made not less often than 21 fortnightly to the judge who issued such order, showing what 22 progress has been made toward achievement of the author23 ized objective, the need, if any for continued interception, and 24 whether any evidence has been discovered through such 25 interception of offenses other than those with respect to 6 is amended 7 8 9 10 1 which such order was issued. The judge may suspend or ter2 minate interception if any such report is deficient, evinces 3 serious procedural irregularities, or indicates the legal basis 4 of continued interception no longer exists.". 5 (g) Section 2518(7) of title 18 of the United States Code 11 12 13 5 and (1) by inserting "conspiratorial activities of a lifethreatening nature," before "conspiratorial activities" the first place it appears; (2) by inserting a comma after "security interest"; (3) by inserting “, upon oral notice to a judge of competent jurisdiction," after "may". 14 (h) Section 2518(8)(a) of title 18 of the United States 15 Code is amended by striking out "Immediately upon” and 16 inserting "Not later than 48 hours after" in lieu thereof. 17 SEC. 7. (a) Chapter 119 of title 18 of the United States 18 Code is amended by adding at the end the following: 19 "§ 2521. Pen registers and tracers 20 "(a) No person acting under the authority of the United 21 States shall install or use any pen register or tracer except as 22 provided in this section. 23 "(b) For the purposes of this chapter, the installation 24 and use of a pen register or a tracer shall be treated as 25 though such installation or use were an installation or use of |