Notes on 18 U.S.C. § 2516 : US Code - Notes

Search Notes on 18 U.S.C. § 2516 : US Code - Notes

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
216; amended Pub. L. 91-452, title VIII, Sec. 810, title IX, Sec.
902(a), title XI, Sec. 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959;
Pub. L. 91-644, title IV, Sec. 16, Jan. 2, 1971, 84 Stat. 1891;
Pub. L. 95-598, title III, Sec. 314(h), Nov. 6, 1978, 92 Stat.
2677; Pub. L. 97-285, Secs. 2(e), 4(e), Oct. 6, 1982, 96 Stat.
1220, 1221; Pub. L. 98-292, Sec. 8, May 21, 1984, 98 Stat. 206;
Pub. L. 98-473, title II, Sec. 1203(c), Oct. 12, 1984, 98 Stat.
2152; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), 104, 105, Oct.
21, 1986, 100 Stat. 1851, 1855; Pub. L. 99-570, title I, Sec.
1365(c), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 100-690, title
VI, Sec. 6461, title VII, Secs. 7036, 7053(d), 7525, Nov. 18, 1988,
102 Stat. 4374, 4399, 4402, 4502; Pub. L. 101-298, Sec. 3(b), May
22, 1990, 104 Stat. 203; Pub. L. 101-647, title XXV, Sec. 2531,
title XXXV, Sec. 3568, Nov. 29, 1990, 104 Stat. 4879, 4928; Pub. L.
103-272, Sec. 5(e)(11), July 5, 1994, 108 Stat. 1374; Pub. L. 103-
322, title XXXIII, Secs. 330011(c)(1), (q)(1), (r), 330021(1),
Sept. 13, 1994, 108 Stat. 2144, 2145, 2150; Pub. L. 103-414, title
II, Sec. 208, Oct. 25, 1994, 108 Stat. 4292; Pub. L. 103-429, Sec.
7(a)(4)(A), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104-132, title
IV, Sec. 434, Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104-208, div.
C, title II, Sec. 201, Sept. 30, 1996, 110 Stat. 3009-564; Pub. L.
104-287, Sec. 6(a)(2), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-
294, title I, Sec. 102, title VI, Sec. 601(d), Oct. 11, 1996, 110
Stat. 3491, 3499; Pub. L. 105-318, Sec. 6(b), Oct. 30, 1998, 112
Stat. 3011; Pub. L. 106-181, title V, Sec. 506(c)(2)(B), Apr. 5,
2000, 114 Stat. 139; Pub. L. 107-56, title II, Secs. 201, 202, Oct.
26, 2001, 115 Stat. 278; Pub. L. 107-197, title III, Sec. 301(a),
June 25, 2002, 116 Stat. 728; Pub. L. 107-273, div. B, title IV,
Secs. 4002(c)(1), 4005(a)(1), Nov. 2, 2002, 116 Stat. 1808, 1812;
Pub. L. 108-21, title II, Sec. 201, Apr. 30, 2003, 117 Stat. 659;
Pub. L. 108-458, title VI, Sec. 6907, Dec. 17, 2004, 118 Stat.
3774; Pub. L. 109-162, title XI, Sec. 1171(b), Jan. 5, 2006, 119
Stat. 3123.)
AMENDMENT OF SECTION
For termination of amendment by Pub. L. 107-56, see Termination
Date of 2001 Amendment note below.
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,
Sec. 1, 68 Stat. 921, and amended, which is classified generally to
chapter 23 (Sec. 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, as amended, which is
classified principally to chapter 39 (Sec. 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 Federal Rules of Criminal Procedure, referred to in par. (3),
are set out in the Appendix to this title.
AMENDMENTS
2006 - Par. (1)(q). Pub. L. 109-162 struck out semicolon after
"(relating to chemical weapons)" and substituted "section 2332" for
"sections 2332".
2004 - Par. (1)(a). Pub. L. 108-458, Sec. 6907(1), inserted "2122
and" after "sections".
Par. (1)(c). Pub. L. 108-458, Sec. 6907(2), inserted "section
175c (relating to variola virus)," after "section 175 (relating to
biological weapons),".
Par. (1)(q). Pub. L. 108-458, Sec. 6907(3), inserted "2332g,
2332h," after "2332f,".
2003 - Par. (1)(a). Pub. L. 108-21, Sec. 201(1), inserted
"chapter 55 (relating to kidnapping)," after "chapter 37 (relating
to espionage),".
Par. (1)(c). Pub. L. 108-21, Sec. 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, Sec. 4002(c)(1), repealed
Pub. L. 104-294, Sec. 601(d)(2). See 1996 Amendment note below.
Par. (1)(q). Pub. L. 107-273, Sec. 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, Secs. 202, 224, temporarily
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),". See Termination
Date of 2001 Amendment note below.
Par. (1)(p). Pub. L. 107-56, Secs. 201(1), 224, temporarily
redesignated subpar. (p), relating to conspiracy, as (r). See
Termination Date of 2001 Amendment note below.
Par. (1)(q). Pub. L. 107-56, Secs. 201(2), 224, temporarily added
subpar. (q). See Termination Date of 2001 Amendment note below.
Par. (1)(r). Pub. L. 107-56, Secs. 201(1), 224, temporarily
redesignated subpar. (p), relating to conspiracy, as (r). See
Termination Date of 2001 Amendment note below.
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, Sec. 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, Sec. 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, Sec. 6(a)(2), amended directory
language of Pub. L. 103-272, Sec. 5(e)(11) as amended by Pub. L.
103-429, Sec. 7(a)(4)(A). See 1994 Amendment note below.
Par. (1)(l). Pub. L. 104-208, Sec. 201(2), and Pub. L. 104-294,
Sec. 601(d)(1), amended subpar. (l) identically, striking out "or"
after semicolon at end.
Par. (1)(m). Pub. L. 104-208, Sec. 201(3), (4), added subpar.
(m). Former subpar. (m) redesignated (n).
Par. (1)(n). Pub. L. 104-294, Sec. 601(d)(2), which could not be
executed because of prior amendments by Pub. L. 104-132, Sec.
434(1) and Pub. L. 104-208, Sec. 201(3), was repealed by Pub. L.
107-273, Sec. 4002(c)(1). See below.
Pub. L. 104-208, Sec. 201(3), redesignated subpar. (m) as (n).
Former subpar. (n) redesignated (o).
Pub. L. 104-132, Sec. 434(1), struck out "and" at end.
Par. (1)(o). Pub. L. 104-208, Sec. 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, Sec. 201(3), redesignated subpar.
(o), relating to felony violation of section 1028, etc., as (p).
Pub. L. 104-132, Sec. 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, Sec. 330021(1), substituted
"kidnapping" for "kidnaping" in two places.
Pub. L. 103-322, Sec. 330011(c)(1), amended directory language of
Pub. L. 101-298, Sec. 3(b). See 1990 Amendment note below.
Par. (1)(j). Pub. L. 103-322, Sec. 330011(r), amended directory
language of Pub. L. 101-647, Sec. 2531(3). See 1990 Amendment note
below.
Pub. L. 103-322, Sec. 330011(q)(1), repealed Pub. L. 101-647,
Sec. 3568. See 1990 Amendment note below.
Pub. L. 103-272, Sec. 5(e)(11), as amended by Pub. L. 103-429,
Sec. 7(a)(4)(A); Pub. L. 104-287, Sec. 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, Sec. 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, Sec. 3(b), as amended by Pub. L. 103-322, Sec.
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, Sec. 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, Sec. 330011(q)(1).
Pub. L. 101-647, Sec. 2531(3), as amended by Pub. L. 103-322,
Sec. 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, Sec. 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, Sec. 2531(2)(B)-(D), added subpar.
(o).
1988 - Par. (1). Pub. L. 100-690, Sec. 7036(a)(1), inserted "or"
after "Associate Attorney General," in introductory provisions.
Par. (1)(a). Pub. L. 100-690, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 7525, added subpar. (i) and
redesignated former subpar. (i) as (j).
Par. (1)(j). Pub. L. 100-690, Sec. 7525, redesignated former
subpar. (i) as (j). Former subpar. (j) redesignated (k).
Pub. L. 100-690, Sec. 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, Sec. 7525, redesignated former
subpar. (j) as (k). Former subpar. (k) redesignated (l).
Pub. L. 100-690, Sec. 7036(c)(3), struck out "or" at end.
Par. (1)(l). Pub. L. 100-690, Sec. 7525, redesignated former
subpar. (k) as (l). Former subpar. (l) redesignated (m).
Par. (1)(m). Pub. L. 100-690, Sec. 7525, redesignated former
subpar. (l) relating to conspiracy as (m).
Pub. L. 100-690, Sec. 6461, added subpar. (m) relating to
sections 922 and 924.
Par. (1)(n). Pub. L. 100-690, Sec. 6461, added subpar. (n).
1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in section catchline.
Par. (1). Pub. L. 99-508, Sec. 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, Sec. 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, Sec. 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, Sec. 105(a)(2)-(4), added
subpars. (h) to (k) and redesignated former subpar. (h) as (l).
Par. (2). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in two places.
Par. (3). Pub. L. 99-508, Sec. 105(b), added par. (3).
1984 - Par. (1). Pub. L. 98-473, Sec. 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, Sec. 1203(c)(2), inserted references
to sections 1512 and 1513 after "1503".
Pub. L. 98-473, Sec. 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, Sec. 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.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
TERMINATION DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
except amendment to continue in effect with respect to any
particular foreign intelligence investigation that began before
Feb. 3, 2006, or with respect to any particular offense or
potential offense that began or occurred before Feb. 3, 2006, see
section 224 of Pub. L. 107-56, set out as a note under section 2510
of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
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.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 6(a) of Pub. L. 104-287 provided that the amendment made
by that section is effective July 5, 1994.
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 7(a) of Pub. L. 103-429 provided that the amendment made
by section 7(a)(4)(A) of Pub. L. 103-429 is effective July 5, 1994.
Section 330011(c)(1) of Pub. L. 103-322 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.
Section 330011(q)(1) of Pub. L. 103-322 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.
Section 330011(r) of Pub. L. 103-322 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.
EFFECTIVE DATE OF 1986 AMENDMENT
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.
EFFECTIVE DATE OF 1978 AMENDMENT
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.
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 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.
(!1) See 1984 Amendment note below.

(!2) So in original. The word "or" probably should not appear.