CRS-135 H.R. 9909 would prohibit federal officials, other than the supervisory agencies from acquiring records from financial institutions except by admini219/ strative or judicial subpoena, or search warrant. The procedure for acquisition by administrative or judicial subpoena is substantially the same as in H.R. 10076, except, in the case of a judicial subpoena, notice to the subject may be delayed by the court for 90 days if it is satisfied that such notice would 220/ "seriously jeopardize a continuing investigation of any felony"." In the case of a search warrant, notice of the acquisition must be given to the subject within 90 days following service of the warrant unless the court orders 221/ extention is above. Other provisions limit access the purposes for which the information was obtained, exempt agencies with supervisory functions to 222/ the extent of those functions and provide jurisdiction and remedies. H.R. 8746 would amend Section 6103 of the Internal Revenue Code to permit disclosure to the Secretary of HEW the of mailing address of persons who have 223/ defaulted on student loans made under the Higher Education Act of 1965. H.R. 8539 would amend Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, by eliminating the one party consent to wiretapping and recording 224/ provisions and requiring the consent of all parties. H.R. 8133 is substantially 219/ H.R. 9909 introduced November 2, 1977, by Mr. Cavanaeigh. 220/ H.R. 9909, §§7, 9; especially 9(b). 221/ H.R. 9909, $8. 222/ H.R. 9909, §§10-17. 223/ H.R. 8746, introduced August 3, 1977, by Mr. Waggonner. 224/ H.R. 8539, introduced July 26, 1977, by Mr. Latta. See, supra, notes 187-192. and accompanying text. CRS-136 the same as H.R. 9909 except that no restriction would be added to the use of 225/ search warrants to acquire information other than currently imposed by law. H.R. 7406 is divided into three titles I. Confidentiality of Financial, Toll and Credit Records, II. Mail Covers and III Amendments to [Wire Interceptions 226/ Statute). Title I, covering banking, telephones and credit, is similar to H.R. 9909 in general prohibitions, consent and search warrants. 227/ While similar in the area of administrative subpoenas, this bill would exempt the IRS from the 228/ notice requirements when determining assets and tax liabilities. The provisions for issuance of judicial subpoenas and delay of notice are similar to the later bill, H.R. 9909, except it is applicable as an authorization only for investiga229/ tion at certain enumerated offenses. Access to other agencies is prohibited 230/ except where authorized by statutes. Title II of H.R. 7406 proscribes mail covers without written authorization of the Chief Postal Inspector, a regional postal inspector or inspector in charge who has good cause to believe the mail cover is necessary to a felony investigation; 231/ except on request of the Attorney General. Approved mail covers would be limited to 30 days with extensions up to one year; longer periods must be authorized 225/ H.R. 8133, introduced June 30, 1977, by Mr. Cavanaugh (for himself, Ms. Oakar, Mr. Leach, Mr. Reuss, Mr. Rousselot, Mr. Patterson of California, Mr. Derrick, Mr. Hannaford, Mr. Patterson of New York, Mr. Barnard, Mr. Caputo and Mr. Stark. 226/ H.R. 7406, Introduced May 24, 1977, by Mr. Whalen (for himself, Mr. Harris and Mr. Neal.). See, also, H.R. 5903, Introduced April 4, 1977, by Mr. Zhalen. 227/ H.R. 7406, $54, 6. 228/ H.R. 7406, $5. Compare TRA 1205, supra, notes 52-60. 229/ H.R. 7406, §7; especially 7(c). 230/ H.R. 7406, $9. Exceptions, jurisdiction, civil remedies and costs are the same. $$10-13, 231/ H.R. 7406, Title II, 2. CRS-137 by a judge. 232/ Under the bill, emergency authorization can be granted, but formal 233/ authorization must be acquired within 48 hours. Notice to the subject would be required within 90 days after termination of the mail cover and complete files 234/ would be maintained by the chief postal inspector for not more than eight years. Title III of the bill would amend the communication industry practices to limit the interception of employee calls to training uses and limiting service 235/ interceptions or interceptions to prevent theft of service. The criminal 236/ sanctions in this area are also rewritten. Title IV prescribes criminal penalties for violation of the provision of the bill. Act of 1934. 238/ 237/ H.R. 2612 would provide for concurrent notice of subpoena for any telecommunications records by amending and adding to Section 605 of the Communication Notice of such a subpoena may be delayed by court order if notice would permit an individual suspected of criminal activity to escape prosecutions, would result in destruction of evidence or would cause a risk of life, or if the information is sought to protect national security and obtain foreign intelligence 239/ information. 232/ H.R. 7406, $3. 233/ H.R. 7406, §4. 234/ H.R. 7406, $55, 6. See, Reporting Requirements, 7; Civil Remedies (damages) 8. Cf. H.R. 7341, introduced May 23, 1977, by Mr. Kildee, and H.R. 7139, introduced May 12, 1977 by Mr. Kildee. 235/ H.R. 7406, Title III, §1. 236/ Id. at 2, 4. 237/ H.R. 7406, Title IV. 238/ H.R. 2612, Introduced January 27, 1977, by Mr. Patterson of California. 239/ H.R. 2612, $3. CRS-138 A variety of additional prior bills exist in the House which are more tangentially related to either third party records or government investigations. These, however, present no significant additions the substantive options under discussion. In the Senate a small number of bills represent less complex issues. S. 2293 provides for disclosure of depository financial records on service of 1) administrative subpoena after notification and intervention is waived or subpoena enforced, 2) a search warrant after notification, or 3) an ex-parte court 240/ order requiring disclosure. Such an order must be based on a finding that notification may lead to concealment, destruction or alteration of the records, would prevent communication of the records through intimidation, bribery, or collusion, 241/ or permit flight to avoid prosecution, testimony, or production of records. S. 2096 parallels financial records aspects of H.R. 10076 and H.R. 9909, 242/ in many respects, but significant differences remain. The bill require notification and permits intervention in the case of administrative subpoenas, does not effect search warrants, and permits delay in notification and intervention in the case of felony investigation if serious jeopardy can be 243/ shown. The bill would not effect IRS procedures under TRA 1205, grand jury 240/ S. 2293, Introduced November 4, 1977, by Mr. McIntyre. 241/ Id. 242/ S. 2096, Introduced September 14, 1977, by Mr. Cranston (for himself, 243/ S. 2096, $$7-9. CRS-139 244/ subpoenas, supervisory functions, statistical reports or tax reports. Inter245/ agency access to record acquired in prohibited. 246/ S.14 is a parallel to H.R. 7406. This bill includes confidentiality, notification and intervention of financial, toll and credit records; the use of mail covers and wire communication interceptions. 244/ S. 2096, $10. 245/ S. 2096, $11. 246/ S.14, Introduced January 10, 1977, by Mr. Mathias. |