A BILL

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP59-00224A000100130019-1
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
6
Document Creation Date: 
December 9, 2016
Document Release Date: 
September 4, 2000
Sequence Number: 
19
Case Number: 
Publication Date: 
March 21, 1955
Content Type: 
OPEN
File: 
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PDF icon CIA-RDP59-00224A000100130019-1.pdf206.04 KB
Body: 
Approved For Release 2000/09/11 : CIA-RDP59-00224A000100130019-1 S4rII CONGRESS 1ST SESSION . R. 5096 IN THE HOUSE OF UEPRESENTATIVES MARCH 21, 1955 Mr. KEATING introduced the foiiowiiig bill ; which was referred to the Corn- mittee on the Judiciary A BILL To authorize the admission into evidence in certain criminal proceedings of information intercepted in national security investigations, and for other purposes. 1 Be it enacted by the Senate and House of Represenla- 2 tines of the United States of America in Congress assembled, 3 That information obtained prior to the effective date of this 4 Act by the Director of the Federal Bureau of Investigation 5 of the Department of Justice ; the Assistant Chief of Staff, 6 G-2 of the Army General Staff, Department of the Army; 7 the Director of Intelligence, Department of the Air Force ; 8 and the Director of Naval Intelligence, Department of the 9 Navy, through or as a result of the interception of any com- 10 munication by wire or radio upon the express written ap- Approved For Release 2000/09/11 `CIA-RDP59-00224A000100130019-1 Approved For Releas ,2000/09/11: CIA-RDP59-0022499P0100130019-1 2 proval of the Attorney General of the United States and in the course of any investigation to detect or prevent any inter- ference with or endangering of, or any plans or attempts to interfere with or endanger, the national security or defense of the United States by treason, sabotage, espionage, sedition, 6 seditious conspiracy, violations of chapter 115 of title 18 of 7 the United States Code, violations of the Internal Security 8 Act of 1950 (64 Stat. 987) , violations of the Atomic Energy 9 Act of 1946 (60 Stat. 755), as amended, and conspiracies 10 involving any of the foregoing, shall, notwithstanding the 11 provisions of section 605 of the Communications Act of 1934 12 (48 Stat. 1103) , be deemed admissible, if not otherwise 13 inadmissible, in evidence in a:nv criminal, proceedings in any court established by Act of Congress, but only in criminal cases involving any of the foregoing violations. SEC. 2. That information obtained after the effective date of this Act by the Director of the Federal Bureau of Investigation of the Department of Justice; the Assistant Chief of Staff, G-2 of the Army General. Staff, Department of the Army; the Director of Intelligence, Department of the Air Force; and the Director of Naval Intelligence, Depart- ment of the Navy, through or as a result of the interception of any communication by wire or radio upon the express written approval of the Attorney General of the United States and in the course of any investigation to detect or Approved For Release 2000/09/11: CIA-RDP59-00224A000100130019-1 Approved For Release 2000/09/11: CIA-RDP%o6O224A000100130019-1 3 prevent any interference with or endangering of, or any plans or attempts to interfere with or endanger, the national secu- rity or defense of the 1 fnited States by treason, sabotage. espionage, sedition, seditious conspiracy, violations of chapter 115 of title 18 of the United States Code, violations of the Internal Security Act of 1950 (64 Stat. 987), violations of the Atomic Energy Act of 1946 (60 Stat. 755), as 8 amended, and conspiracies involving any of the foregoing, 9 shall, notwithstanding the provisions of section 605 of the 10 Communications Act of 1934 (48 Stat. 1103), be deemed 11 admissible, if not otherwise inadmissible, in evidence in any 12 criminal proceedings in any court established by Act of 13 Congress, but only in criminal cases involving any of the 14 foregoing violations : Provided, That prior to intercepting the 15 communications from which the information is obtained, an 16 authorized agent of any one of said investigatorial agencies 17 shall have been issued an ex parte order by a judge of any 18 United States Court of Appeals or a United States district 19 court, authorizing the agent to intercept such communications. Upon application by any authorized agent of any one of said investigatorial agencies to intercept communications in the conduct of investigations pursuant to this section, a judge of any United States Court of Appeals or a United States district court may issue an ex parte order, signed by the 25 judge with his title of office, authorizing the applicant to Approved For Release 2000/09/11: CIA-RDP59-00224A000100130019-1 Approved For Release 1x000/09/11 : CIA-RDP59-00224AG1 *100130019-1 4 1 intercept such communications, if the judge is satisfied that 2 there is reasonable cause to believe that such crime or crimes 3 have been or are about to be committed and that the com- 4 rnunications may contain information which would assist in 5 the conduct of such investigations. SEC. 3. No person shall divulge, publish, or use the 7 existence, contents, substance, purport, or meaning of any 8 information contained in any aforesaid ex parte order or 9 obtained pursuant to the provisions of this Act otherwise 10 than for the purpose hereinbefore enumerated. 4 11 SEC. 4. No person shall intercept or attempt to inter- 12 crept any communication by wire or radio, not being author- 13 ized in advance by the sender or the recipient thereof, except 14 (1) authorized agents of the United States seeking evidence .15 in accordance with the provisions of this Act, (2) author- .16 ized agents of the Federal Bureau of Investigation seeking 17 to det t ec or prevent any felony a(,z defined in chapter 1 of title 1S of the United States Code, or (3) authorized agents 19 of any State, Territory, or possession of the United States 20 acting by authority of a law of such State, Territory, or possession. SEC. 5. Any person who willfully and knowingly vio- lates any provisions of this Act shall be fined not more than $5,000 or imprisoned not more, than, one year and a day, .or both. Approved For Release 2000/09/11: CIA-RDP59-00224A000100130019-1 _ Approvedi For Release 2000/09/11 : CIA-RDP59-00224A000100130019-1 5 1 SEC. 6. All carriers subject to the Communications Act 2 of 1934 (48 Stat. 1103) are hereby authorized to permit 3 such interception and disclosure of any such communications 4 by wire or radio. 5 SEC. 7. If any provision of this section or the applica- 6 tion of such provision to any circumstance shall be held in- 7 valid, the validity of the remainder of this section and the 8 applicability of such provision to other circumstances shall 9 not be affected thereby. Approved For Release 2000/09/11: CIA-RDP59-00224A000100130019-1 -etA-RDP59-00224A000100130019-1 W Approved For Release 2000/09/11: CIA-RDP59-00224A000100130019-1