§ 2516. Authorization for interception of wire, oral, or electronic communications
(1)
The Attorney General, Deputy Attorney General, Associate Attorney General,[1] or any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division or National Security Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section
2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency 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—
(a)
any offense punishable by death or by imprisonment for more than one year under sections
2122 and
2274 through
2277 of title
42 of the United States Code (relating to the enforcement of the Atomic Energy Act of 1954), section
2284 of title
42 of the United States Code (relating to sabotage of nuclear facilities or fuel), or under the following chapters of this title: chapter 10 (relating to biological weapons) [2] chapter 37 (relating to espionage), chapter 55 (relating to kidnapping), chapter 90 (relating to protection of trade secrets), chapter 105 (relating to sabotage), chapter 115 (relating to treason), chapter 102 (relating to riots), chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy);
(b)
a violation of section
186 or section
501
(c) of title
29, United States Code (dealing with restrictions on payments and loans to labor organizations), or any offense which involves murder, kidnapping, robbery, or extortion, and which is punishable under this title;
(c)
any offense which is punishable under the following sections of this title: section
37 (relating to violence at international airports), section
43 (relating to animal enterprise terrorism), section
81 (arson within special maritime and territorial jurisdiction), section
201 (bribery of public officials and witnesses), section
215 (relating to bribery of bank officials), section
224 (bribery in sporting contests), subsection (d), (e), (f), (g), (h), or (i) of section
844 (unlawful use of explosives), section
1032 (relating to concealment of assets), section
1084 (transmission of wagering information), section
751 (relating to escape), section
832 (relating to nuclear and weapons of mass destruction threats), section
842 (relating to explosive materials), section
930 (relating to possession of weapons in Federal facilities), section
1014 (relating to loans and credit applications generally; renewals and discounts), section
1114 (relating to officers and employees of the United States), section
1116 (relating to protection of foreign officials), sections
1503,
1512, and
1513 (influencing or injuring an officer, juror, or witness generally), section
1510 (obstruction of criminal investigations), section
1511 (obstruction of State or local law enforcement), section
1591 (sex trafficking of children by force, fraud, or coercion), section
1751 (Presidential and Presidential staff assassination, kidnapping, and assault), section
1951 (interference with commerce by threats or violence), section
1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), section
1958 (relating to use of interstate commerce facilities in the commission of murder for hire), section
1959 (relating to violent crimes in aid of racketeering activity), section
1954 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section
1955 (prohibition of business enterprises of gambling), section
1956 (laundering of monetary instruments), section
1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section
659 (theft from interstate shipment), section
664 (embezzlement from pension and welfare funds), section
1343 (fraud by wire, radio, or television), section
1344 (relating to bank fraud), section
1992 (relating to terrorist attacks against mass transportation), sections
2251 and
2252 (sexual exploitation of children), section
2251A (selling or buying of children), section
2252A (relating to material constituting or containing child pornography), section
1466A (relating to child obscenity), section
2260 (production of sexually explicit depictions of a minor for importation into the United States), sections
2421,
2422,
2423, and
2425 (relating to transportation for illegal sexual activity and related crimes), sections
2312,
2313,
2314, and
2315 (interstate transportation of stolen property), section
2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), section
2340A (relating to torture), 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 relocation and assistance), section
32 (relating to destruction of aircraft or aircraft facilities), section
38 (relating to aircraft parts fraud), section
1963 (violations with respect to racketeer influenced and corrupt organizations), section
115 (relating to threatening or retaliating against a Federal official), section
1341 (relating to mail fraud), a felony violation of section
1030 (relating to computer fraud and abuse), section
351 (violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnapping, and assault), section
831 (relating to prohibited transactions involving nuclear materials), section
33 (relating to destruction of motor vehicles or motor vehicle facilities), section
175 (relating to biological weapons), section
175c (relating to variola virus) [2] section
956 (conspiracy to harm persons or property overseas),,[3] section [4] a felony violation of section
1028 (relating to production of false identification documentation), section
1425 (relating to the procurement of citizenship or nationalization unlawfully), section
1426 (relating to the reproduction of naturalization or citizenship papers), section
1427 (relating to the sale of naturalization or citizenship papers), section
1541 (relating to passport issuance without authority), section
1542 (relating to false statements in passport applications), section
1543 (relating to forgery or false use of passports), section
1544 (relating to misuse of passports), or section
1546 (relating to fraud and misuse of visas, permits, and other documents);
(e)
any offense involving fraud connected with a case under title 11 or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States;
(f)
any offense including extortionate credit transactions under sections
892,
893, or
894 of this title;
(g)
a violation of section
5322 of title
31, United States Code (dealing with the reporting of currency transactions), or section
5324 of title
31, United States Code (relating to structuring transactions to evade reporting requirement prohibited);
(h)
any felony violation of sections
2511 and
2512 (relating to interception and disclosure of certain communications and to certain intercepting devices) of this title;
(j)
any violation of section
60123
(b) (relating to destruction of a natural gas pipeline,) [5] section
46502 (relating to aircraft piracy), the second sentence of section
46504 (relating to assault on a flight crew with dangerous weapon), or section
46505
(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life, by means of weapons on aircraft) of title 49;
(m)
a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens);
(n)
any felony violation of sections
922 and
924 of title
18, United States Code (relating to firearms);
(p)
a felony violation of section
1028 (relating to production of false identification documents), section
1542 (relating to false statements in passport applications), section
1546 (relating to fraud and misuse of visas, permits, and other documents, section
1028A (relating to aggravated identity theft)) [6] of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or [7]
(q)
any criminal violation of section
229 (relating to chemical weapons) or section
2332,
2332a,
2332b,
2332d,
2332f,
2332g,
2332h [2]
2339,
2339A,
2339B,
2339C, or
2339D of this title (relating to terrorism);
(2)
The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application 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, kidnapping, 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, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses.
(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 a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section
2518 of this title, an order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer 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 any Federal felony.
[1] See 1984 Amendment note below.
[2] So in original. Probably should be followed by a comma.
[3] So in original.
[4] So in original. The word “section” probably should not appear.
[5] So in original. The comma probably should follow the closing parenthesis.
[6] So in original. The second closing parenthesis probably should follow “other documents”.
[7] So in original. The word “or” probably should not appear.