Document Type: 
Document Number (FOIA) /ESDN (CREST): 
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Document Creation Date: 
December 9, 2016
Document Release Date: 
September 4, 2000
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Case Number: 
Publication Date: 
March 1, 1955
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PDF icon CIA-RDP59-00224A000100130013-7.pdf430.96 KB
Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 84Tx CONGRESS T j 1sT SESSION n . R. 4513 IN THE HOUSE OT REPRESENTATIVES . Meftcx 1, 1 ~J55 Mr. CFr.r.N;rt introduced the followiu~ bill; which was referred to the Com- niit.tee on th~~ Judiciary A BILL 'lb prohibit wiretapping except by acourt-authorized Federal ofliccr engaged in the investigation of crimes against the security of the United States. 1 Be it enacted by the Senate and Ilouse o f Representa- 2 tives o f the United States o f America in Congress assembled, 3 That part 1 of title 18 of the United States Code is amended 4 by adding at the end thereof the following new chapter "Sec. "CHAPTER 119-tiVIRETAPPING 2501. Interception of telephone communications. 5 "? 2501.. Interception of telephone communications 6 " (a.) SVhoever, without prior authorization from either 7 the sender or the intended recipient of a telephone communi- 8 cation by common carrier, willfully intercepts, or attempts to I Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 2 1 intercept, or procures or orders any ether person to intercept 2 or attempt to intercept, or conspires with any other person to 3 intercept, or attempt to intercept, s~r~ch telepl one communi- ,1 cation shall be fined not more than X5,000 or imprisoned .~ not more than ten years, or ,both.: _r'rovided, however, That G thi;; prohibition shall not apply t;o airy interception of a, tele- 7 phone conversation which is clone in compliance wit;li this 8 section. " (b) whenever the Attorney (:}eneral has satisfied. him- 1.0 self, on the basis of a factual showing made to him by the ].1 head of a F+ ederal agency, that a specified telephone line ].2 interception ma.y obtain evidence of the commission of any ~_3 of the ~cri~nes specified in subsectio-r~ (3) of this section, or t-t that the specified telephone line int~ereeption ma.y enable the ~.ti Federal Government to prevent the commission of any such 1~ chime, he may so certify in writing and designate in such. :L7 certificate any United States Attorney, Assistant United :[8 States Attorney, or officer or ai;tor2ley of the Department of a9 Justice to apply for an ex parte court order allowing such 20 specified telephone line interception. Such. certificate shall ;21 also designate the department or agency of tl>_e Unitred States ~2 which shall make the telephone li~ie interception, if a court 23 order is granted. 24 " (1) The application for the e~ parte court order al- 25 lowing the telephone line interception sha ]. be made (A) Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 3 1 to any judge of the district, court of the United States for 2 the district within which the wire interception is sought, 3 or (B) , if no such. judge is readily available, to any judge 4 of the district court of the iJnited States for a district con- s tiguous to the district within which the tivire interception 6 is sought, or (C) , in any case, to any judge of the United 7 States Court of 11 ppeals for the. District of Columbia Cir- S suit. Such application shat] be supported by the author- 9 izing certificate of the Attorney General a,nd by such factual 10 showing as to the facts and circumstances of the applic~ti?n 11 as the judge on oral e.xarnination may require to satiny 12 himself that there is reasonable ~~oimd to believe that th~l 13 requested telephone line interception will result in the pro- 14 curement of evidence not otherwise obtainable of the com- 21 mission of, or will enable the I+'eder~~l Cxovernment to prevent, any of the crimes specified in subsection (C) of this section. Each application for a court order shall be accompanied by an affidavit showing whether any previous application has been made for the order asked for; and, if there has been a previous application, to what judge it was made and the determination made thereof, and what new facts, if any, are shown upon the subsequent application that were' not previously shown. If the judge determines that the required reasonable ground has been shown, he shall issue an order allowing the requested telephone line interception. Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-Z 4 :~ Each such order shall specify the mane or names of the :~ person or persons whose telephone lines are to be i;apped, 3 -the ;exchange numbers of the teler-horce lines to be tapped, the crime or crimes as to tivhich evidence is tc- be obtained or which are to be prevented, the name of the :Federal agency or department which will ma,(~e the telephone ]ine interception, and the period of effectiveness of the ordex, which shall be only for as long as the judge determines to be warranted under t:he circumstances (which period, how- 10 ever, shall not exceed ninety days) . 11 '" (2) Any individual designated by a Federal. agency ~ or department to ma~~e telephone line interceptions shall be xg a duly appointed investigative oilice~~ of the department or 14 agency of the Itnitcd States which the Attarney General 1.~ has designated to conduct the telephone line interception. z E{ True copies of the court order shall k~e retained by the judge 1 a' who issued the order and. by the Attorney General, but 1~ the copy of the application given to the judge shall be 19 returned to the Attorney General after the judge's action 20 thereon. 2.1 " (3) Any court order allowing a specified telephone 22 line interception may be renewed, fur periods not exceeding ~~ ninety days, by the judge wha originally issued the order ~,4 or by any other judge having j~arisdietion, ~btat only on such ,~5 an application (including a certific~~te by the Attorney. Gen- Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 . Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 22 `~3 ~. eral) and supporting sltowirig as would leave warranted the 2 judge to have issued an original order in the circumstances. 3 " (4) Applications for a,n ex parte judicial order .allow- 4 ing telephone line interceptions (or for a renewal thereof ) 5 shall be heard by the judge alone, in his private chambere 6 or in the most readily available private place, without the 7 presence of anyone other than the judge and the individual 8 who presents the application. (and any witnesses he may 9 bring) , and the Bearing and order shall be kept strictly 11 Attorney Genera] directs otherwise. The judge's copy of confidential by all parties thereto, except when and as the his order shall be kept by him in a place to which only he leas access. " (c) TcI,ephone line intercE~ptions shall be authorized under subsection (2) of this section only to obtain evidence of the commission of, or i;o prevent, one or more of the crimes punishable under (a) chapter 3 7 (dealing with espionage), chapter 55 (dealing with kidna.ping), chapter 105 (dealing with sirbotage) , or chapter 115 (dealing with treason, sedition, and subversive activities) of this title, or (b) section 10 of the Atomic, Energy Act of 1946. " (d) No evidence obtained directly or indirectly by " means of a telepliorie lifie iriterccpton, or as a direct or 24 indirect result of such an interception, shall be received in H. R. 4513 2 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 0 1 evidence in an.y State or Federal court on any matter, civil 2 or criminal, or in anv proceeding of any State or Federal 3 agency, unl,css such interception was made in compliance 4 with this section. Evidence obtained from or as a re~~ult of telephone line interceptions pursuant tc- this ~1ct shall be 6 admitted in the Federal collI'tS only in prosecutions for 7 crimes specified in subsection (c) of this section. Any use 8 or divulgence by any person or pers~:-ns of any information or a.ny evidelce obt;~ined directly or indirectly by means 10 of duly authorized telephone line interceptions for any pur- 11 pose not in accordance with this section shall be fined not 72 -more than X5,000 or imprisoned f or not more than ten years, 7 3 or both. 1 ~ " (e) loll of the records made at the time of each and t~' ~ev~ery actual telephole line interception, made pursuant to ~F' thi5 11ct by authorized Federal o~fficers~, agents, or employees, 17 sh?il~ be preserved as made, and shall. be kept in some central 1 ~' place, for a period of at, least five yews. I~n the event tl~iat ~~ evic]_ence based on t~,lephone line interceptio~as is Sought to 2~- be introduced in any proceeding, the party against whom the ~~- evidence is sought to be introduced shall have the right to 2u inspect the original comf~lete record of the telephone line ~`; interceptions from which the oi~ered evidence was. obtained 2`E or transcribed. Evidence obtained by Federal officers, agents, or ernployee,~ shall not b~e a.dlmissible ix~ any State or Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 7 1 Federal proceeding if the party against whom the evidence 2 is offered shall not be able to inspect the original complete 3 record of the telephone line interception from `vhch the 4 offered evidence was transcribed because that record is incom- 5 plete or in any way altered from its original form. " (f) The Attorney U enera] shall keep a record of 7 all requests made to hire fur applications for an ex pare 8 court order, of his actions thereon, of the court orders ob- 9 toined, of the telephone line inter?ceptions conducted ther~- 10 under, and of the results thereof. A pxablic report on all 11 these matters shall. be submitted to the Congress every tweh~e 1.2 months, which report shad be as detailed and factual ?~s 13 security lin+itations allow. Such reports shall show, x~e- 1.4 gaming each. applicatioxx made for a court order during the 15 period covered by the report: the n~xrne of the judge Ito 16 whom the application was made, and leis location, the erizrae 17 or crimes a~s to which evidence was sought ar? ~~hich were 18 to be prevexited; whether or not the application was granted; 19 the original duration of a,r-y granted ordex?s; the duration of 20 any renewals; and whether or not any interception resx~lted 21 in any prosecutioxl and, if so, the details thereof. Each 22 report shall be filed on or before February 1 of each year 23 and shall cover the prior calendar year. No report shall 24 refer to pending applications or interceptions then in progress. 25 Succeeding reports shall cumulate from time to tune tl~e Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 S 1 abo~~e-required data on each applic.E~tion where all of the data. on any application is not cc-mplete at tl~e time of first 3 reporting thereon. 4 " (g) Singe it is difficult to detect the commission of an 5 unlawfi~l telephone line interception during the time of its 6 occurrence, the possession of equipment designed and in- '7 tended for use in telephone line inter?ception (whether held for gale, or in priv.zte possession, or otherwise, but ex- ') eluding possession rolated to lawful. use) by any person 10 who is not authorized to engage in wire interception shall 11 be presumpti~re, altl-ough rebuttable, evidence of an in- 12 tent and attempt to er-gage vl unla~,~~ful telephone line in- 13 terceptions and, if the presnrnption b~:~ not rebnatcd, shall be 1 ~1- punishable by a fine of not more than X2,500 or i~nprison- 1 ~~ ment of not more thin five years, or boih. i 6 " (h) The l~ ttoraey General she:-11 ha:vve t;ht~ l~-ower to t7 xna~o and publish rules and r?cgula~tions app:Licable to all h'cd- 18 oral lgencies to gove~?n the procedure under which req~zests 9 ~ and factual showing shall be made to him for an application :30 for an e~ part;e court order altthorizir~~g telephone line inter- :' - ceptions. Snc;h nzles rand regulations m~-y provide that the :'`' 1ttorney General ma,~r delegate his duties and responsibilities ~~~ under this ~1ct to tho Deputy Attorney General or to an ~~~~ 1lssistant 1~ttorney General but not to any other ot~icial or ~~5 person. Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 9 1 " (i) Nothing in this section shall. be construed to author- 2 ize or to make lawful the automatic recording of a telephone conversation by one or more of the parties thereto, if done 4 in violation of the applicable rules and regulations of the 5 Federal Communications Commission. 6 " (j) As used in this section- ? " (1) The term `telephone communication' means the 8 transmission of speech and sounds of all kinds by means of 9 the telephone. 10 " (2) The term `telephone line' means all of the facili- 11 ties, wires, devices, poles, apparatus, and machines and 12 services by means of w}~iclt telephone communications are 13 carried on by a common. carrier. 14 " (3) The terms `intercepts' and `interception' mean the 15 obtaining of the whole or any part of a telephone com- 16 munication by means of any device, contrivance, ot: machine, 17 of any kind, but it shall not include eavesdropping on a. 18 party line or any act or practice done in the ordinary and 19 usual course of business in the operation or use of a common 20 carrier communications system by regular employees thereof. 21 " (4) The term `corrmlon carrier' means any person 22 engaged, as a common carrier for hire, in telephone corn- 23 munication (A) in interstate or foreign commerce, (B) in 24 intrastate commerce, if its communications facilities are 25 physically connected with the communications facilities of Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013'-7 10 t any such carrier engaged in inter~state or foreigr~ commerce, 2 or (C) within the District of Colurnbia:~ or any 't'erritory or 3 possession of the United States. 4 " (~) The term `person' includE;s a~1 individual, partner- s ship, association, joint-stock company, trust, or corpora ion, 6 whether private or public, and reg~~rdless of public office. or 7 status." 8 SEC. 2. The proviso contained in section 605 of. the Com- ~ munications Act of 1934 (48 Stat. 1103 ; 47 U. S. ~C. 605 ) 10 is amended to read as follows : "Pr~ovicfed, That this section 17. shall not apply to the interception, receiving, divulging, pub- 1~; lishir,g or utilizing the contents of (~ti~) any radio comniunica- 13 tion broadcast or transmitted by ama~tetzrs or otl:iers for the 1.4 use of the general public or relating to ships in distress, or 1~~ (b) any wire communication intercepted by any individual 16 in cornpliance with section 245 of time 18 c-1' the United 1'T States Code." Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7 r r Approved For Release 2000/09/11 :CIA-RDP59-00224A000100130013-7