SUBVERSIVE ACTIVITIES CONTROL ACT AMENDMENT

SEC. 3. Section 6 of the Subversive Activities Control Act of 1950 (50 U. S. C. 785) is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding the provisions of subsection (a) and subsection (b)—

“(1) any member of any such organization may apply for the issuance or renewal of a passport or use a passport if such individual has obtained the consent of the Attorney General for such action; and "(2) a passport may be issued to or renewed for any member of any such organization who has procured the consent required by paragraph (1) if such issuance or renewal has been determined by the Secretary of State personally to be in the public interest."

To authorize certain investigative officers of the United States, with the approval of the Attorney General, to intercept and disclose under stated conditions wire and radio communications in the detection and prosecution of offenses against the security of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 93 of title 18 of the United States Code (relating to public officers and employees) is amended by adding at the end thereof the following new section:

"§ 1916. Disclosure of information obtained through the interception of certain communications.

"(a) In the conduct of any investigation to detect or prevent any offense against the security of the United States, any security investigative agency may, upon express written authorization given by the Attorney General to the head of such agency, intercept any wire or radio communication if that interception is specifically described as to place and time in the authorization so given. As soon as may be practicable after the end of each period of six calendar months, the Attorney General shall transmit to the National Security Council a report which shall state the number of interceptions authorized by him to be made under this subsection by each security investigative agency during that period, and the nature of the offense with respect to which each such authorization was given.

"(b) Information obtained by an officer or agent of a security investigative agency in any investigation through any interception so authorized may be disclosed (1) to the head of the security investigative agency making the investigation and to any officer, agency, or employee of such agency conducting or supervising the investigation, (2) by the head of such investigative agency to the President, the National Security Council, the head of any department or agency in the executive branch, or the head of any other security investigative agency when such disclosure is deemed by the head of such investigative agency to be advisable in the interest of the national security, (3) by any officer or agent of a security investigative agency in giving testimony in any criminal proceeding before any court, grand jury, or court-martial of the United States for the prosecution of an offense against the security of the United States, and (4) to any attorney for the United States who is duly authorized to engage in or supervise the prosecution of that offense. In any such proceeding, evidence obtained through any interception so authorized, if otherwise admissible, shall not be excluded because of the means by which it was obtained.

"(c) Whoever, having acquired as an officer, employee, or member of any department, agency, or armed force of the United States knowledge of any information obtained through any interception authorized pursuant

to subsection (a), willfully makes any disclosure of any part of that information which is not authorized by subsection (b) shall be fined not more than $5,000, or imprisoned not more than one year and one day, or both. "(d) As used in this section

"(1) the term 'security investigative agency' means the Federal Bureau of Investigation and the investigative agencies of the Armed Forces supervised by the Assistant Chief of Staff, G-2, Department of the Army; the Director of Intelligence, Department of the Navy; and the Director of Intelligence, Department of the Air Force;

"(2) the term 'offense against the security of the United States' means any offense punishable under chapter 37, 105, or 115 of this title; section 4 or section 15 of the Subversive Activities Control Act of 1950; or section 222, 224, 225, 226, or 227 of the Atomic Energy Act of 1954; and any attempt or conspiracy to commit any such offense; and

"(3) the terms 'wire communication' and 'radio communication' have the same meaning as when used in the Communications Act of 1934."

(b) The analysis of chapter 93 of title 18 of the United States Code is amended by adding at the end thereof the following new item:

“1916. Disclosure of information obtained through the interception of certain communications."

SEC. 2. The proviso contained in section 605 of the Communications Act of 1934 (48 Stat. 1103; 47 U. S. C. 605) is amended to read as follows: "Provided, That this section shall not apply to the interception, receiving, divulging, publishing, or utilizing the contents of (a) any radio communication broadcast or transmitted by amateurs or others for the use of the general public, or relating to ships in distress, (b) any wire communication or radio communication intercepted by a security investigative agency pursuant to authorization granted in accordance with section 1916 (a) of title 18 of the United States Code, or (c) any assistance given by any common carrier in the interception of any wire communication or radio communication by any such agency pursuant to such authorization."

To amend title 18, United States Code, to prohibit the unauthorized disclosure of certain information critically affecting national defense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 37 of title 18 of the United States Code (relating to espionage and censorship) is amended by inserting at the end thereof the following new section:

"§ 799. Unauthorized disclosure of certain information affecting national defense.

"(a) Whenever any information shall have been classified, in conformity with the provisions of any Executive order promulgated by the President, as 'top secret', ‘atomic top secret', 'secret', or ‘atomic secret', it is unlawful for any person who has obtained such information to communicate any part thereof to any person who is not authorized by law, Executive order, or regulations promulgated pursuant to law or any Executive order, to receive such information. No communication of any such information made by any officer, employee, or member of any department, agency, or armed force of the United States, or any officer or employee of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, pursuant to authorization granted by the head of such department, agency, armed force, or corporation, to any member of the Congress, any joint committee of the Congress, any committee or subcommittee of the Senate or the House of Representatives, or any member of the staff of any such committee or subcommittee, shall be unlawful under this section.

"(b) Whoever, having obtained in any manner or by any means any information so classified, willfully communicates any part of such information in any manner or by any means to any person not authorized as prescribed by subsection (a) to receive such information, with knowledge or reason to believe that such information is so classified and that such person is not so authorized to receive such information, shall be fined not more than $10,000 or imprisoned not more than five years, or both. "(c) For the purposes of this section

"(1) the term 'top secret' or 'atomic top secret' means any information affecting the national defense of the United States in such degree that its unauthorized disclosure could result in exceptionally grave damage to the Nation; and

"(2) the term 'secret' or 'atomic secret' means any information affecting the national defense of the United States in such degree that its unauthorized disclosure could result in serious damage to the Nation."

(b) The analysis of such chapter is amended by inserting at the end thereof the following new item:

"799. Unauthorized disclosure of certain information affecting national defense."