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(b) unless the chief postal inspector, a regional chief postal inspector, an inspector in charge, or the United States Attorney General has good cause to believe, on the basis of an affidavit setting forth the specific reasons for the proposed mail cover and the facts on which the applicant relies, that such procedure is necessary in regard to a continuing investigation of the commission or attempted commission of a felony or is necessary to secure information in the interest of locating a fugitive; and

(c) unless the chief postal inspector, a regional chief postal inspector, or an inspector in charge has received a written request for such mail cover from the director or chief officer of an authority of a Federal, State, or local government one of whose primary functions is to investigate the commission or attempted commission of a felony, or unless the chief postal inspector, a regional chief postal inspector, or an inspector in charge has good cause to believe that the initiation of such mail cover is necessary to the investigation of the commission or attempted commission of a postal felony.

TIME PERIODS

SEC. 3. A mail cover may be conducted for a period of 25 thirty days. Authorization for continuance of a mail cover

35-7770-79-4

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1 for additional periods of thirty days may be obtained, but

2 only in accordance with this title. In no event shall the

3 total period of time for a mail cover exceed one year,

4. unless a judge of a United States court finds on the basis of

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an affidavit or sworn testimony that the termination of such

6 mail cover would seriously jeopardize a continuing investiga7 tion of the commission or attempted commission of a felony

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or of the location of a fugitive. If such judge so finds he may

9 authorize the continuance of the mail cover for additional 10 periods not exceeding one year each. In such event, the 11 requesting authority shall make application for continuance 12 of the mail cover for periods not exceeding thirty days 13 pursuant to section 2.

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EMERGENCY AUTHORIZATION

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SEC. 4. If the chief postal inspector or a regional chief 16 postal inspector has good cause to believe that a speedy ini17 tiation of a mail cover is necessary in regard to a continuing

18 investigation of the commission or attempted commission

19 of a felony, or of the location of a fugitive he may authorize

20 such mail cover on the basis of an oral request from the di

21 rector or chief officer of an authority of a Federal, State,

22 or local government one of whose primary functions is to 23 investigate the commission or attempted commission of a

24 felony: Provided,

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That such oral request is followed within forty

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eight hours by a written request and supporting affidavit to the chief postal inspector or regional chief postal inspector who authorized the mail cover, and

That no record of any data received from such mail cover shall be made available to the requesting authority until such written request and supporting affidavit have been received and such mail cover has been approved pursuant to the requirements of section 2.

NOTICE

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SEC. 5. Within a reasonable time, but not later than 11 ninety days after the termination of the period for a mail

12 cover, the chief postal inspector, regional chief postal inspec

13 tor, or inspector in charge who authorized the mail cover,

14 shall provide to the person whose mail is the subject of the

15 mail cover a notice of the existence, dates, and purpose of

16 such mail cover, except that such notice shall be waived if

17 a judge of a United States court finds on the basis of an affi

18 davit or sworn testimony that the notice of such mail cover

19 would seriously jeopardize a continuing investigation of the 20 commission or attempted commission of a felony or of the 21 location of a fugitive.

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RECORDS

SEC. 6. (a) All requests for mail covers, with records 24 of action thereon, shall be within the custody of the chief 25 postal inspector.

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1 (b) The regional chief postal inspectors and the in

2 spectors in charge shall submit a copy of each mail cover

3 request received together with a report of any action thereon

4 to the chief postal inspector.

5 (c) If the chief postal inspector determines that a mail

6 cover was improperly initiated by a regional chief postal 7 inspector or an inspector in charge, all data and records of 8 information received from such mail cover shall be im

9 pounded and the requesting authority notified of the discon10 tinuance of the mail cover and the reasons therefor.

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(d) No file or record pertaining to a mail cover shall be 12 retained for a period in excess of eight years.

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REPORTING REQUIREMENT

SEC. 7. In April of each year the chief postal inspector

15 shall transmit to the Congress a full and complete report for

:

(a) the number of requests for mail covers and

16 the immediately preceding year of

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the number of authorizations granted listed by each Postal Inspection Service division for which such authorizations were made;

(b) the identity of the law enforcement agencies making requests for mail covers listed by each Postal Inspection Service division for which such requests were made; and

(c) a list of the offenses for which mail cover re

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quests were received listed by each Postal Inspection Service division for which such requests were made.

INJUNCTIVE RELIEF

SEC. 8. In addition to any other remedy contained in

5 this title or otherwise available, injunctive relief shall be

6 available to any person aggrieved by a violation or threat

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7 ened violation of this title. In the event of any successful

8 action, costs together with reasonable attorney's fees as deter9 mined by the court may be recovered.

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TITLE III-AMENDMENTS TO CHAPTER 119,
TITLE 18, UNITED STATES CODE

COMMUNICATION COMMON CARRIER PRACTICES

SECTION 1. (a) Section 2510 of title 18, United States

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14 Code, is amended by adding the following new definitions: "(12) 'supervisory observing' means the interception by an officer, employee, or agent of a communication common carrier of any oral or wire communication of an officer, employee, or agent of such communication common carrier;

[blocks in formation]

"(13) 'service observing' means any interception which is a necessary incident to the rendition of service, by a communication common carrier, of the voice content of a customer-to-customer oral or wire communica

tion for purposes other than supervisory observing or protection against theft of service; and

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