94TH CONGRESS 1ST SESSION

H. R. 141

IN THE HOUSE OF REPRESENTATIVES

JANUARY 14, 1975

Mr. KASTENMEIER introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect to surveillance practices and procedures.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Surveillance Practices 4 and Procedures Act of 1975".

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SEC. 2. Section 2510 of title 18 of the United States

6 Code is amended

(1) by striking out "and" at the end of subsection (10);

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and

(2) by striking out the period at the end of subsection (11) and inserting in lieu thereof a semicolon;

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(3) by inserting immediately after subsection (11) the following new subsections:

“(12) 'foreign agent' means a person who is engaged in activities which, in the opinion of the Attorney

General, are intended to serve the interests of a foreign principal and undermine the security or national defense

of the United States; and

"(13) foreign principal' includes

"(a) a government of a foreign country and a foreign political party;

"(b) a person outside of the United States, unless it is established that such person is an in

dividual and a citizen of and domiciled within the

United States, or that such person is not an in

dividual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States

and has its principal place of busines within the United States; and

"(c) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.".

SEC. 3. (a) Section 2511 of title 18 of the United States

25 Code is amended by striking out subsection (3).

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(b) Section 2516 (1) (a) of such title 18 is amended(1) by inserting immediately after "(a)" the following: "the activities of a foreign agent, or of"; and

(2) by inserting immediately after "imprisonment for more than one year" the following: "if there is, in the judgment of the authorizing official, probable cause to believe that the individual whose communica

tions are to be intercepted is a foreign agent, or has committed or is about to commit such offense, and if such offense is punishable".

(c) Section 2518 (3) of such title 18 is amended

(1) in paragraph (a), by striking out "offense enumerated" and inserting in lieu thereof "offense or activity specified”; and

(2) in paragraph (b), by inserting "or activity" immediately after “offense".

17 (d) Section 2518 (4) (c) of such title 18 is amended by

18 inserting "or activity" immediately after "offense".

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SEC. 4. Section 2519 of title 18, United States Code, is 20 amended by inserting at the end thereof the following new

21 subsections:

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"(4) In January, April, July, and October of each 23 year, the Attorney General shall report to the Committees 24 on the Judiciary and on Foreign Relations of the Senate and 25 the Committees on the Judiciary and on Foreign Affairs of

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the House of Representatives the following information with

2 respect to interceptions of wire or oral communications made

3 during the preceding three months pursuant to applications

4 made under section 2516 and orders and extensions granted or denied under section 2518 of this chapter:

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"(a) the number of such orders and such exten

sions applied for during the preceding three months; "(b) the number of such orders and extensions granted;

"(c) the number of such orders and extensions denied;

"(d) the maximum and minimum numbers of such interceptions in place at any time during the preceding three months;

"(e) the number of such interceptions terminated during the preceding three months;

"(f) the duration of all such interceptions in place

on the day of the report ;

"(g) the duration of all such interceptions terminated during the preceding three months;

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"(h) the status of all interceptions made under

the provisions of section 2518 of this chapter within the preceding three months; and

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(i) the costs of all such interceptions made during

the preceding three months.

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"(5) The President, the Attorney General, and all

2 departments and agencies of the United States shall supply

to any committee named in subsection (4) of this section, 4 upon request of such committee, any information regarding 5 any interception of wire or oral communications made or 6 applied for pursuant to section 2516 or section 2518 of this 7 chapter, within thirty days after the receipt of such request.".