§ 2516. Authorization for interception of wire, oral, or electronic communications

§ 2516. Authorization for interception of wire, oral, or electronic communications

(1) The Attorney General, Deputy Attorney General, Associate Attorney General,11 See 1984 Amendment note below. 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—

(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, human trafficking, child sexual exploitation, child pornography production, prostitution, 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.

(Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 216; amended Pub. L. 91–452, title VIII, § 810, title IX, § 902(a), title XI, § 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959; Pub. L. 91–644, title IV, § 16, Jan. 2, 1971, 84 Stat. 1891; Pub. L. 95–598, title III, § 314(h), Nov. 6, 1978, 92 Stat. 2677; Pub. L. 97–285, §§ 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220, 1221; Pub. L. 98–292, § 8, May 21, 1984, 98 Stat. 206; Pub. L. 98–473, title II, § 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99–508, title I, §§ 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100 Stat. 1851, 1855; Pub. L. 99–570, title I, § 1365(c), Oct. 27, 1986, 100 Stat. 3207–35; Pub. L. 100–690, title VI, § 6461, title VII, §§ 7036, 7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374, 4399, 4402, 4502; Pub. L. 101–298, § 3(b), May 22, 1990, 104 Stat. 203; Pub. L. 101–647, title XXV, § 2531, title XXXV, § 3568, Nov. 29, 1990, 104 Stat. 4879, 4928; Pub. L. 103–272, § 5(e)(11), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title XXXIII, §§ 330011(c)(1), (q)(1), (r), 330021(1), Sept. 13, 1994, 108 Stat. 2144, 2145, 2150; Pub. L. 103–414, title II, § 208, Oct. 25, 1994, 108 Stat. 4292; Pub. L. 103–429, § 7(a)(4)(A), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–132, title IV, § 434, Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104–208, div. C, title II, § 201, Sept. 30, 1996, 110 Stat. 3009–564; Pub. L. 104–287, § 6(a)(2), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–294, title I, § 102, title VI, § 601(d), Oct. 11, 1996, 110 Stat. 3491, 3499; Pub. L. 105–318, § 6(b), Oct. 30, 1998, 112 Stat. 3011; Pub. L. 106–181, title V, § 506(c)(2)(B), Apr. 5, 2000, 114 Stat. 139; Pub. L. 107–56, title II, §§ 201, 202, Oct. 26, 2001, 115 Stat. 278; Pub. L. 107–197, title III, § 301(a), June 25, 2002, 116 Stat. 728; Pub. L. 107–273, div. B, title IV, §§ 4002(c)(1), 4005(a)(1), Nov. 2, 2002, 116 Stat. 1808, 1812; Pub. L. 108–21, title II, § 201, Apr. 30, 2003, 117 Stat. 659; Pub. L. 108–458, title VI, § 6907, Dec. 17, 2004, 118 Stat. 3774; Pub. L. 109–162, title XI, § 1171(b), Jan. 5, 2006, 119 Stat. 3123; Pub. L. 109–177, title I, §§ 110(b)(3)(C), 113, title V, § 506(a)(6), Mar. 9, 2006, 120 Stat. 208, 209, 248; Pub. L. 112–127, § 4, June 5, 2012, 126 Stat. 371; Pub. L. 112–186, § 5, Oct. 5, 2012, 126 Stat. 1429; Pub. L. 114–22, title I, § 106, May 29, 2015, 129 Stat. 238; Pub. L. 115–232, div. A, title XVII, § 1761(f), Aug. 13, 2018, 132 Stat. 2228; Pub. L. 115–392, § 13, Dec. 21, 2018, 132 Stat. 5256; Pub. L. 117–159, div. A, title II, § 12004(a)(2), June 25, 2022, 136 Stat. 1328.)

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in par. (1)(a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

The Arms Export Control Act, referred to in par. (1)(k), is Pub. L. 90–269, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

Section 5861 of the Internal Revenue Code of 1986, referred to in par. (1)(o), is classified to section 5861 of Title 26, Internal Revenue Code.

The Export Control Reform Act of 2018, referred to in par. (1)(t), is subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232, Aug. 13, 2018, 132 Stat. 2208, which is classified principally to chapter 58 (§ 4801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 1741 of Pub. L. 115–232, set out as a Short Title note under section 4801 of Title 50 and Tables.

The Federal Rules of Criminal Procedure, referred to in par. (3), are set out in the Appendix to this title.

Amendments

2022—Par. (1)(n). Pub. L. 117–159 substituted “section 922, 924, 932, or 933” for “sections 922 and 924”.

2018—Par. (1)(c). Pub. L. 115–392, § 13(1), inserted “section 1582 (vessels for slave trade), section 1583 (enticement into slavery),” after section 1581 (peonage),” and “section 1585 (seizure, detention, transportation or sale of slaves), section 1586 (service on vessels in slave trade), section 1587 (possession of slaves aboard vessel), section 1588 (transportation of slaves from United States),” after “section 1584 (involuntary servitude),”.

Par. (1)(t), (u). Pub. L. 115–232 added subpar. (t) and redesignated former subpar. (t) as (u).

Par. (2). Pub. L. 115–392, § 13(2), substituted “kidnapping, human” for “kidnapping human” and “production, prostitution,” for “production,,”.

2015—Par. (1)(a). Pub. L. 114–22, § 106(1)(A), inserted a comma after “weapons)”.

Par. (1)(c). Pub. L. 114–22, § 106(1)(B)(v), (vi), struck out “or” after “misuse of passports),” and inserted “or” before “section 555”.

Pub. L. 114–22, § 106(1)(B)(iii), (iv), inserted a comma after “virus)” and substituted “overseas), a felony” for “overseas),, section a felony”.

Pub. L. 114–22, § 106(1)(B)(i), (ii), inserted “section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),” before “section 1591” and “section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),” before “section 1751”.

Par. (1)(j). Pub. L. 114–22, § 106(1)(C), substituted “pipeline),” for “pipeline,)”.

Par. (1)(p). Pub. L. 114–22, § 106(1)(D), substituted “documents), section 1028A (relating to aggravated identity theft)” for “documents, section 1028A (relating to aggravated identity theft))”.

Par. (2). Pub. L. 114–22, § 106(2), inserted “human trafficking, child sexual exploitation, child pornography production,” after “kidnapping”.

2012—Par. (1)(c). Pub. L. 112–127 inserted “, section 555 (relating to construction or use of international border tunnels)” before semicolon at end.

Par. (1)(s), (t). Pub. L. 112–186 added subpar. (s) and redesignated former subpar. (s) as (t).

2006—Par. (1). Pub. L. 109–177, § 506(a)(6), inserted “or National Security Division” after “the Criminal Division” in introductory provisions.

Par. (1)(a). Pub. L. 109–177, § 113(a), inserted “chapter 10 (relating to biological weapons)” after “under the following chapters of this title:”.

Par. (1)(c). Pub. L. 109–177, §§ 110(b)(3)(C), 113(b), struck out “1992 (relating to wrecking trains),” before “a felony violation of section 1028” and inserted “section 37 (relating to violence at international airports), section 43 (relating to animal enterprise terrorism), section 81 (arson within special maritime and territorial jurisdiction),” after “the following sections of this title:”, “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),” after “section 751 (relating to escape),”, “section 1114 (relating to officers and employees of the United States), section 1116 (relating to protection of foreign officials),” after “section 1014 (relating to loans and credit applications generally; renewals and discounts),”, “section 1992 (relating to terrorist attacks against mass transportation),” after “section 1344 (relating to bank fraud),”, “section 2340A (relating to torture),” after “section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),”, and “section 956 (conspiracy to harm persons or property overseas),” after “section 175c (relating to variola virus)”.

Par. (1)(g). Pub. L. 109–177, § 113(c), inserted “, or section 5324 of title 31, United States Code (relating to structuring transactions to evade reporting requirement prohibited)” before semicolon at end.

Par. (1)(j). Pub. L. 109–177, § 113(d)(2), inserted “, 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)” before “of title 49”.

Pub. L. 109–177, § 113(d)(1), which directed amendment of par. (1)(j) by inserting a comma after “section 60123(b) (relating to the destruction of a natural gas pipeline”, was executed by making the insertion after “section 60123(b) (relating to destruction of a natural gas pipeline”, to reflect the probable intent of Congress.

Pub. L. 109–177, § 113(d)(1), struck out “or” before “section 46502 (relating to aircraft piracy)”.

Par. (1)(p). Pub. L. 109–177, § 113(e), inserted “, section 1028A (relating to aggravated identity theft)” after “other documents”.

Par. (1)(q). Pub. L. 109–177, § 113(f), inserted “2339” after “2332h” and substituted “2339C, or 2339D” for “or 2339C”.

Pub. L. 109–162 struck out semicolon after “(relating to chemical weapons)” and substituted “section 2332” for “sections 2332”.

Par. (1)(r), (s). Pub. L. 109–177, § 113(g), added subpar. (r) and redesignated former subpar. (r) as (s).

2004—Par. (1)(a). Pub. L. 108–458, § 6907(1), inserted “2122 and” after “sections”.

Par. (1)(c). Pub. L. 108–458, § 6907(2), inserted “section 175c (relating to variola virus),” after “section 175 (relating to biological weapons),”.

Par. (1)(q). Pub. L. 108–458, § 6907(3), inserted “2332g, 2332h,” after “2332f,”.

2003—Par. (1)(a). Pub. L. 108–21, § 201(1), inserted “chapter 55 (relating to kidnapping),” after “chapter 37 (relating to espionage),”.