701 
275, 276, 278, 279, or 280 of this title (relating to 
terrorism); 
‘‘(19) any criminal violation of section 1 (relating 
to illegal restraints of trade or commerce), 2 (relat-
ing to illegal monopolizing of trade or commerce), 3 
(relating to illegal restraints of trade or commerce in 
territories or the District of Columbia) of the Sher-
man Act (15 U.S.C. 1, 2, 3); or 
‘‘(20) any conspiracy to commit any offense de-
scribed in any subparagraph of this paragraph. 
‘‘(b) STATE PROSECUTORS.—The principal prosecuting 
attorney of any State, or the principal prosecuting attor-
ney of any political subdivision thereof, if such attorney 
is authorized by a statute of that State to make applica-
tion to a State court judge of competent jurisdiction for 
an order authorizing or approving the interception of wire, 
oral, or electronic communications, may apply to such 
judge for, and such judge may grant in conformity with 
section 2518 of this chapter and with the applicable State 
statute an order authorizing, or approving the interception 
of wire, oral, or electronic communications by investigative 
or law enforcement officers having responsibility for the 
investigation of the offense as to which the application is 
made, when such interception may provide or has provided 
evidence of the commission of the offense of murder, kid-
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napping, gambling, robbery, bribery, extortion, or dealing 
in narcotic drugs, marihuana or other dangerous drugs, 
or other crime dangerous to life, limb, or property, and 
punishable by imprisonment for more than one year, des-
ignated in any applicable State statute authorizing such 
interception, or any conspiracy to commit any of the fore-
going offenses. 
‘‘(c) INTERCEPTION
FOR
EVIDENCE
OF
FEDERAL 
FELONIES.—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 a 
Federal judge of competent jurisdiction for, and such 
judge may grant, in conformity with section 3119C of this 
title, an order authorizing or approving the interception 
of electronic communications by an investigative or law en-
forcement officer having responsibility for the investiga-
tion of the offense as to which the application is made, 
when such interception may provide or has provided evi-
dence of any Federal felony. 
‘‘§ 3119B. Authorization for disclosure and use of 
intercepted wire, oral, or electronic com-
munications 
‘‘(a) DISCLOSURE
TO INVESTIGATIVE
OR LAW EN-
FORCEMENT OFFICERS.—Any investigative or law en-
forcement officer who, by any means authorized by this 
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703 
chapter, has obtained knowledge of the contents of any 
wire, oral, or electronic communication, or evidence de-
rived therefrom, may disclose such contents to another in-
vestigative or law enforcement officer to the extent that 
such disclosure is appropriate to the proper performance 
of the official duties of the officer making or receiving the 
disclosure. 
‘‘(b) USE OF CONTENTS IN PERFORMANCE OF DU-
TIES.—Any investigative or law enforcement officer who, 
by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom may use 
such contents to the extent such use is appropriate to the 
proper performance of his official duties. 
‘‘(c) USE OF CONTENTS IN TESTIMONY.—Any person 
who has received, by any means authorized by this chap-
ter, any information concerning a wire, oral, or electronic 
communication, or evidence derived therefrom intercepted 
in accordance with the provisions of this chapter may dis-
close the contents of that communication or such deriva-
tive evidence while giving testimony under oath or affirma-
tion in any proceeding held under the authority of the 
United States or of any State or political subdivision 
thereof. 
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704 
‘‘(d) PRIVELAGED CHARACTER.—No otherwise privi-
leged wire, oral, or electronic communication intercepted 
in accordance with, or in violation of, this chapter shall 
lose its privileged character. 
‘‘(e) OFFENSES OTHER THAN THOSE SPECIFIED IN 
THE ORDER.—When an investigative or law enforcement 
officer, while engaged in intercepting wire, oral, or elec-
tronic communications in the manner authorized herein, 
intercepts wire, oral, or electronic communications relating 
to offenses other than those specified in the order of au-
thorization or approval, the contents thereof, and evidence 
derived therefrom, may be disclosed or used as provided 
in subsections (a) and (b). Such contents and any evidence 
derived therefrom may be used under subsection (c) when 
authorized or approved by a judge of competent jurisdic-
tion where such judge finds on subsequent application that 
the contents were otherwise intercepted in accordance with 
this chapter. Such application shall be made as soon as 
practicable. 
‘‘(f) DOMESTIC USE OF INTELLIGENCE AND COUNTER-
INTELLIGENCE INFORMATION.—Any investigative or law 
enforcement officer, or attorney for the Government, who 
by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may dis-
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705 
close such contents to any other Federal law enforcement, 
intelligence, protective, immigration, national defense, or 
national security official to the extent that such contents 
include foreign intelligence or counterintelligence (as de-
fined in section 3 of the National Security Act of 1947 
(50 U.S.C. 401a)), or foreign intelligence information (as 
defined in section 1491 of this title), to assist the official 
who is to receive that information in the performance of 
his official duties. Any Federal official who receives infor-
mation pursuant to this provision may use that informa-
tion only as necessary in the conduct of that person’s offi-
cial duties subject to any limitations on the unauthorized 
disclosure of such information. 
‘‘(g) FORIEGN USE OF INTELLIGENCE AND COUNTER-
INTELLIGENCE INFORMATION.—Any investigative or law 
enforcement officer, or other Federal official in carrying 
out official duties as such Federal official, who by any 
means authorized by this chapter, has obtained knowledge 
of the contents of any wire, oral, or electronic communica-
tion, or evidence derived therefrom, may disclose such con-
tents or derivative evidence to a foreign investigative or 
law enforcement officer to the extent that such disclosure 
is appropriate to the proper performance of the official 
duties of the officer making or receiving the disclosure, 
and foreign investigative or law enforcement officers may 
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706 
use or disclose such contents or derivative evidence to the 
extent such use or disclosure is appropriate to the proper 
performance of their official duties. 
‘‘(h) DISCLOSURE FOR PUBLIC SAFETY PURPOSES.— 
Any investigative or law enforcement officer, or other Fed-
eral official in carrying out official duties as such Federal 
official, who by any means authorized by this chapter, has 
obtained knowledge of the contents of any wire, oral, or 
electronic communication, or evidence derived therefrom, 
may disclose such contents or derivative evidence to any 
appropriate Federal, State, local, or foreign government 
official to the extent that such contents or derivative evi-
dence reveals a threat of actual or potential attack or 
other grave hostile acts of a foreign power or an agent 
of a foreign power, domestic or international sabotage, do-
mestic or international terrorism, or clandestine intel-
ligence gathering activities by an intelligence service or 
network of a foreign power or by an agent of a foreign 
power, within the United States or elsewhere, for the pur-
pose of preventing or responding to such a threat. Any 
official who receives information pursuant to this provision 
may use that information only as necessary in the conduct 
of that person’s official duties subject to any limitations 
on the unauthorized disclosure of such information, and 
any State, local, or foreign official who receives informa-
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707 
tion pursuant to this provision may use that information 
only consistent with such guidelines as the Attorney Gen-
eral and Director of Central Intelligence shall jointly issue. 
‘‘§ 3119C. Procedure for interception of wire, oral, or 
electronic communications 
‘‘(a) APPLICATION.—Each application for an order au-
thorizing or approving the interception of a wire, oral, or 
electronic communication under this chapter shall be made 
in writing upon oath or affirmation to a judge of com-
petent jurisdiction and shall state the applicant’s authority 
to make such application. Each application shall include 
the following information: 
‘‘(1) The identity of the investigative or law en-
forcement officer making the application, and the of-
ficer authorizing the application. 
‘‘(2) 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, in-
cluding (A) details as to the particular offense that 
has been, is being, or is about to be committed, (B) 
except as provided in subsection (11), a particular 
description of the nature and location of the facili-
ties from which or the place where the communica-
tion is to be intercepted, (C) a particular description 
of the type of communications sought to be inter-
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708 
cepted, (D) the identity of the person, if known, 
committing the offense and whose communications 
are to be intercepted. 
‘‘(3) A full and complete statement as to whether 
or not other investigative procedures have been tried 
and failed or why they reasonably appear to be un-
likely to succeed if tried or to be too dangerous. 
‘‘(4) 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 author-
ization for interception should not automatically ter-
minate when the described type of communication 
has been first obtained, a particular description of 
facts establishing probable cause to believe that ad-
ditional communications of the same type will occur 
thereafter. 
‘‘(5) A full and complete statement of the facts 
concerning all previous applications known to the in-
dividual authorizing and making the application, 
made to any judge for authorization to intercept, or 
for approval of interceptions of, wire, oral, or elec-
tronic communications involving any of the same 
persons, facilities or places specified in the applica-
tion, and the action taken by the judge on each such 
application. 
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‘‘(6) 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. 
‘‘(b) ADDITIONAL TESTIMONY OR DOCUMENTARY EVI-
DENCE.—The judge may require the applicant to furnish 
additional testimony or documentary evidence in support 
of the application. 
‘‘(c) EX PARTE ORDER.—Upon such application the 
judge may enter an ex parte order, as requested or as 
modified, authorizing or approving interception of wire, 
oral, or electronic communications within the territorial 
jurisdiction of the court in which the judge is sitting (and 
outside that jurisdiction but within the United States in 
the case of a mobile interception device authorized by a 
Federal court within such jurisdiction), if the judge deter-
mines on the basis of the facts submitted by the applicant 
that— 
‘‘(1) there is probable cause for belief that an in-
dividual is committing, has committed, or is about to 
commit a particular offense enumerated in section 
3119A of this chapter; 
‘‘(2) there is probable cause for belief that par-
ticular communications concerning that offense will 
be obtained through such interception; 
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‘‘(3) normal investigative procedures have been 
tried and have failed or reasonably appear to be un-
likely to succeed if tried or to be too dangerous; and 
‘‘(4) except as provided in subsection (k), there is 
probable cause for belief that the facilities from 
which, or the place where, the wire, oral, or elec-
tronic communications are to be intercepted are 
being used, or are 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 such 
person. 
‘‘(d) CONTENTS OF ORDER.—Each order authorizing or 
approving the interception of any wire, oral, or electronic 
communication under this chapter shall specify— 
‘‘(1) the identity of the person, if known, whose 
communications are to be intercepted; 
‘‘(2) the nature and location of the communica-
tions facilities as to which, or the place where, au-
thority to intercept is granted; 
‘‘(3) a particular description of the type of com-
munication sought to be intercepted, and a state-
ment of the particular offense to which it relates; 
‘‘(4) the identity of the agency authorized to 
intercept the communications, and of the person au-
thorizing the application; and 
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‘‘(5) the period of time during which such inter-
ception is authorized, including a statement as to 
whether or not the interception shall automatically 
terminate when the described communication has 
been first obtained. 
An order authorizing the interception of a wire, oral, or 
electronic communication under this chapter shall, upon 
request of the applicant, direct that a provider of wire or 
electronic communication service, landlord, custodian or 
other person shall furnish the applicant forthwith all infor-
mation, facilities, and technical assistance necessary to ac-
complish the interception unobtrusively and with a min-
imum of interference with the services that such service 
provider, landlord, custodian, or person is according the 
person whose communications are to be intercepted. Any 
provider of wire or electronic communication service, land-
lord, custodian or other person furnishing such facilities 
or technical assistance shall be compensated therefor by 
the applicant for reasonable expenses incurred in pro-
viding such facilities or assistance. Pursuant to section 
2522 of this chapter, an order may also be issued to en-
force the assistance capability and capacity requirements 
under the Communications Assistance for Law Enforce-
ment Act. 
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