18 U.S. Code § 2516 - Authorization for interception of wire, oral, or electronic communications

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.

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),”.

Par. (1)(c). Pub. L. 108–21, § 201(2), inserted “section 1591 (sex trafficking of children by force, fraud, or coercion),” after “section 1511 (obstruction of State or local law enforcement),” and “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),” after “sections 2251 and 2252 (sexual exploitation of children),”.

2002—Par. (1)(n). Pub. L. 107–273, § 4002(c)(1), repealed Pub. L. 104–294, § 601(d)(2). See 1996 Amendment note below.

Par. (1)(q). Pub. L. 107–273, § 4005(a)(1), realigned margins.

Pub. L. 107–197 inserted “2332f,” after “2332d,” and substituted “2339B, or 2339C” for “or 2339B”.

2001—Par. (1)(c). Pub. L. 107–56, § 202, substituted “section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),” for “and section 1341 (relating to mail fraud),”.

Par. (1)(p). Pub. L. 107–56, § 201(1), redesignated subpar. (p), relating to conspiracy, as (r).

Par. (1)(q). Pub. L. 107–56, § 201(2), added subpar. (q).

Par. (1)(r). Pub. L. 107–56, § 201(1), redesignated subpar. (p), relating to conspiracy, as (r).

2000—Par. (1)(c). Pub. L. 106–181 inserted “section 38 (relating to aircraft parts fraud),” after “section 32 (relating to destruction of aircraft or aircraft facilities),”.

1998—Par. (1)(a). Pub. L. 105–318 inserted “chapter 90 (relating to protection of trade secrets),” after “chapter 37 (relating to espionage),”.

1996—Par. (1)(c). Pub. L. 104–294, § 102, which directed amendment of par. 1(c) by inserting “chapter 90 (relating to protection of trade secrets),” after “chapter 37 (relating to espionage),”, could not be executed because phrase “chapter 37 (relating to espionage),” did not appear.

Pub. L. 104–208, § 201(1), substituted “section 1992 (relating to wrecking trains), 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)” for “or section 1992 (relating to wrecking trains)” before semicolon at end.

Par. (1)(j). Pub. L. 104–287, § 6(a)(2), amended directory language of Pub. L. 103–272, § 5(e)(11) as amended by Pub. L. 103–429, § 7(a)(4)(A). See 1994 Amendment note below.

Par. (1)(l). Pub. L. 104–208, § 201(2), and Pub. L. 104–294, § 601(d)(1), amended subpar. (l) identically, striking out “or” after semicolon at end.

Par. (1)(m). Pub. L. 104–208, § 201(3), (4), added subpar. (m). Former subpar. (m) redesignated (n).

Par. (1)(n). Pub. L. 104–294, § 601(d)(2), which could not be executed because of prior amendments by Pub. L. 104–132, § 434(1) and Pub. L. 104–208, § 201(3), was repealed by Pub. L. 107–273, § 4002(c)(1). See below.

Pub. L. 104–208, § 201(3), redesignated subpar. (m) as (n). Former subpar. (n) redesignated (o).

Pub. L. 104–132, § 434(1), struck out “and” at end.

Par. (1)(o). Pub. L. 104–208, § 201(3), redesignated subpar. (n) as (o). Former subpar. (o) redesignated (p).

Pub. L. 104–132 added subpar. (o) and redesignated former subpar. (o) as (p).

Par. (1)(p). Pub. L. 104–208, § 201(3), redesignated subpar. (o), relating to felony violation of section 1028, etc., as (p).

Pub. L. 104–132, § 434(2), redesignated subpar. (o), relating to conspiracy, as (p).

1994—Par. (1). Pub. L. 103–414 in introductory provisions inserted “or acting Deputy Assistant Attorney General” after “Deputy Assistant Attorney General”.

Par. (1)(c). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in two places.

Pub. L. 103–322, § 330011(c)(1), amended directory language of Pub. L. 101–298, § 3(b). See 1990 Amendment note below.

Par. (1)(j). Pub. L. 103–322, § 330011(r), amended directory language of Pub. L. 101–647, § 2531(3). See 1990 Amendment note below.

Pub. L. 103–322, § 330011(q)(1), repealed Pub. L. 101–647, § 3568. See 1990 Amendment note below.

Pub. L. 103–272, § 5(e)(11), as amended by Pub. L. 103–429, § 7(a)(4)(A); Pub. L. 104–287, § 6(a)(2), substituted “section 60123(b) (relating to destruction of a natural gas pipeline) or section 46502 (relating to aircraft piracy) of title 49;” for “section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy);”.

1990—Par. (1)(c). Pub. L. 101–647, § 2531(1), inserted “section 215 (relating to bribery of bank officials),” before “section 224”, “section 1032 (relating to concealment of assets),” before section 1084, “section 1014 (relating to loans and credit applications generally; renewals and discounts),” before “sections 1503,” and “section 1344 (relating to bank fraud),” before “sections 2251 and 2252” and struck out “the section in chapter 65 relating to destruction of an energy facility,” after “retaliating against a Federal official),”.

Pub. L. 101–298, § 3(b), as amended by Pub. L. 103–322, § 330011(c)(1), inserted “section 175 (relating to biological weapons),” after “section 33 (relating to destruction of motor vehicles or motor vehicle facilities),”.

Par. (1)(j). Pub. L. 101–647, § 3568, which directed amendment of subsec. (j) by substituting “any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or section 902(i) or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy)” for “any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code”, and which was probably intended as an amendment to par. (1)(j), was repealed by Pub. L. 103–322, § 330011(q)(1).

Pub. L. 101–647, § 2531(3), as amended by Pub. L. 103–322, § 330011(r), substituted “any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy)” for “any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code”.

Par. (1)(m). Pub. L. 101–647, § 2531(2)(A), struck out subpar. (m) relating to conspiracy which read as follows: “any conspiracy to commit any of the foregoing offenses.”

Par. (1)(o). Pub. L. 101–647, § 2531(2)(B)–(D), added subpar. (o).

1988—Par. (1). Pub. L. 100–690, § 7036(a)(1), inserted “or” after “Associate Attorney General,” in introductory provisions.

Par. (1)(a). Pub. L. 100–690, § 7036(c)(1), which directed the amendment of subpar. (a) by substituting “(relating to riots),” for “(relating to riots);” was executed by substituting “(relating to riots),” for “(relating to riots)” as the probable intent of Congress.

Par. (1)(c). Pub. L. 100–690, § 7053(d), which directed the amendment of section 2516(c) by substituting “1958” for “1952A” and “1959” for “1952B” was executed by making the substitutions in par. (1)(c) as the probable intent of Congress.

Pub. L. 100–690, § 7036(b), struck out “section 2252 or 2253 (sexual exploitation of children),” after “wire, radio, or television),” and substituted “section 2321” for “the second section 2320”.

Pub. L. 100–690, § 7036(a)(2), which directed the amendment of par. (1) by striking the comma that follows a comma was executed to subpar. (c) by striking out the second comma after “to mail fraud)”.

Par. (1)(i). Pub. L. 100–690, § 7525, added subpar. (i) and redesignated former subpar. (i) as (j).

Par. (1)(j). Pub. L. 100–690, § 7525, redesignated former subpar. (i) as (j). Former subpar. (j) redesignated (k).

Pub. L. 100–690, § 7036(c)(2), which directed amendment of subpar. (j) by striking “or;” was executed by striking “or” after “Export Control Act);” to reflect the probable intent of Congress.

Par. (1)(k). Pub. L. 100–690, § 7525, redesignated former subpar. (j) as (k). Former subpar. (k) redesignated (l).

Pub. L. 100–690, § 7036(c)(3), struck out “or” at end.

Par. (1)(l). Pub. L. 100–690, § 7525, redesignated former subpar. (k) as (l). Former subpar. (l) redesignated (m).

Par. (1)(m). Pub. L. 100–690, § 7525, redesignated former subpar. (l) relating to conspiracy as (m).

Pub. L. 100–690, § 6461, added subpar. (m) relating to sections 922 and 924.

Par. (1)(n). Pub. L. 100–690, § 6461, added subpar. (n).

1986—Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in section catchline.

Par. (1). Pub. L. 99–508, § 104, substituted “any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General in the Criminal Division” for “or any Assistant Attorney General” in introductory provisions.

Par. (1)(a). Pub. L. 99–508, § 105(a)(5), inserted “section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel),” struck out “or” after “(relating to treason),” and inserted “chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy)”.

Par. (1)(c). Pub. L. 99–570, which directed the amendment of subpar. (c) by inserting “section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),” after “section 1955 (prohibition of relating to business enterprises of gambling),” was executed by inserting this phrase after “section 1955 (prohibition of business enterprises of gambling),” as the probable intent of Congress.

Pub. L. 99–508, § 105(a)(1), inserted “section 751 (relating to escape),” “the second section 2320 (relating to trafficking in certain motor vehicles or motor vehicle parts), 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),” and “section 1952A (relating to use of interstate commerce facilities in the commission of murder for hire), section 1952B (relating to violent crimes in aid of racketeering activity),” substituted “2312, 2313, 2314,” for “2314”, inserted “, section 115 (relating to threatening or retaliating against a Federal official), the section in chapter 65 relating to destruction of an energy facility, and section 1341 (relating to mail fraud),” substituted “, section 351” for “or section 351”, and inserted “, section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), or section 1992 (relating to wrecking trains)”.

Par. (1)(h) to (l). Pub. L. 99–508, § 105(a)(2)–(4), added subpars. (h) to (k) and redesignated former subpar. (h) as (l).

Par. (2). Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in two places.

Par. (3). Pub. L. 99–508, § 105(b), added par. (3).

1984—Par. (1). Pub. L. 98–473, § 1203(c)(4), which directed the amendment of the first par. of par. (1) by inserting “Deputy Attorney General, Associate Attorney General,” after “Attorney General.” was executed by making the insertion after the first reference to “Attorney General,” to reflect the probable intent of Congress.

Par. (1)(c). Pub. L. 98–473, § 1203(c)(2), inserted references to sections 1512 and 1513 after “1503”.

Pub. L. 98–473, § 1203(c)(1), inserted “section 1343 (fraud by wire, radio, or television), section 2252 or 2253 (sexual exploitation of children),” after “section 664 (embezzlement from pension and welfare funds),”.

Pub. L. 98–292 inserted “sections 2251 and 2252 (sexual exploitation of children),” after “section 664 (embezzlement from pension and welfare funds),”.

Par. (1)(g), (h). Pub. L. 98–473, § 1203(c)(3), added par. (g) and redesignated former par. (g) as (h).

1982—Par. (1)(c). Pub. L. 97–285 substituted “(Presidential and Presidential staff assassination, kidnaping, and assault)” for “(Presidential assassinations, kidnapping, and assault)” after “section 1751” and substituted “(violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault)” for “(violations with respect to congressional assassination, kidnapping, and assault)” after “section 351”.

1978—Par. (1)(e). Pub. L. 95–598 substituted “fraud connected with a case under title 11” for “bankruptcy fraud”.

1971—Par. (1)(c). Pub. L. 91–644 inserted reference to section 351 offense (violations with respect to congressional assassination, kidnaping, and assault).

1970—Par. (1)(c). Pub. L. 91–452 inserted reference to sections 844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title.

Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996.

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of Title 49, Transportation.

Pub. L. 104–287, § 6(a), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by that section is effective July 5, 1994.

Pub. L. 103–429, § 7(a), Oct. 31, 1994, 108 Stat. 4388, provided that the amendment made by section 7(a)(4)(A) of Pub. L. 103–429 is effective July 5, 1994.

Pub. L. 103–322, title XXXIII, § 330011(c)(1), Sept. 13, 1994, 108 Stat. 2144, provided that the amendment made by that section is effective as of the date on which section 3(b) of Pub. L. 101–298 took effect.

Pub. L. 103–322, title XXXIII, § 330011(q)(1), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of the date on which section 3568 of Pub. L. 101–647 took effect.

Pub. L. 103–322, title XXXIII, § 330011(r), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of the date on which section 2531(3) of Pub. L. 101–647 took effect.

Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions pursuant to section 2516(2) of this title, and amendment by section 104 of Pub. L. 99–508 effective Oct. 21, 1986, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title.

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.

Nothing in amendment made by Pub. L. 117–159 to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117–159, set out as a note under section 922 of this title.