Document Number (FOIA) /ESDN (CREST):
CIA-RDP71B00364R000500020017-3
Body:
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2 4 JAN 1969
MEMORANDUM FOR: Legislative Counsel
SUBJECT : Proposed Legislation, H. R. 354
1. The attached bill which has been referred to the
Committee on the Judiciary has been reviewed by this Office with
great concern. It is the feeling of this Office that if such a bill
were to be passed, our initial investigative effort would be severely
handicapped if not completely stifled. Furthermore, the efforts of
this Office to conduct internal investigations of staff employees
would be "hamstrung. "
2. Although this bill is in the very early stages, because
of what could be serious consequences with regard to the security
program of this Agency,it is requested that this matter be closely
followed by your office.
war .
Director of
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91ST CONGRESS
1ST SESSION
R. 354
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 1969
Mr. TEAGUE of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To impose certain safeguards on investigations carried out by
Federal agencies.
1 Be it enacted by the Senate and house of l?epresenta-
2 tives of the United States of America in Congress assembled,
3 That each officer or employee of any Federal agency who
4 without a warrant or other process issued by a, court attempts
5 to obtain information, records, papers, or other matter from
6 any person (other than another such officer or employee) in
7 connection with any investigation for acts or omissions which
8 under any law of the United States are punishable by fine,
9 imprisonment, civil penalty, or forfeiture, shall first inform
10 such person that he has a right (1) to refuse to provide such
11 information, records, papers, or other matter; and (2) to
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have an attorney representing him present during any sub-
sequent discussion with such officer or agent. Any person
mazy knowingly waive such rights.
SEC,. 2. No information, records, papers, or other matter
obtained by an officer or employee of any Federal agency
from a person who was not, at the time they were obtained,
informed of the rights set forth in the first section of this Act
or from a person while such person was being denied either
such right, may be received in evidence in any proceeding
before any court or grand jury of the United States or before
any Federal agency. This section shall only apply to in-
formation, records, papers, or other matter obtained by such
an officer or employee after the date of its enactment.
c. Any officer or employee of any Federal agency
who violates the first section of this Act or who obtains any
information, records, papers, or other matter from any person
while such person was being denied either of the rights set
forth in such section shall, notwithstanding any other law,
be suspended without pay as such an officer or employee for
not less than thirty days, or discharged, by the head of such
Federal agency.
Sic. 4. As used in this Act, the tenet "Federal agenc "
nicans any department, agency, or establishment in the
executive branch of the Federal Government.
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^ UNCLASSI F%% rovedn INTERNAL rrnnNNFFklW~~Ni tt r IUb Y2002/05/06 : CIA-RD BOff3S~4R0005b#020017-3 SECRET
,' ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Proposed Legislation, H. R. 354
FROM:
EXTENSION
NO.
Director of Security
Rm. 4E-60 K
6777
DATE
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1 Legislative Counsel
Rm. 7D-43
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0036 R000500020017-3
FORM 61 O USE PREVIOUS INTERNAL
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