RECOMMENDATION I

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000070092-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 9, 2016
• Document Release Date: June 14, 2001
• Sequence Number: 92
• Content Type: REGULATION

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OSD Declassification/Release Instructions on File
Title 500 Section 31, should be amended to provide that the offenses
bed in clauses (d) and (e) shall not be construed to require proof of
tent or reason to believe that the information in to be used to the
of the United States,, and thereby avoid any judicial construction that
tent or reason to believe required by Clauses A, B and C applies to
D and Z
50, Section 31, penalizes individuals who for the purpose of
obtaining information regarding the National Defense with intent or reason
to believe that the information to be obtained is to be used to the injury
of the Ueited States or to the advantage of a foreign nation goes upon, enters,
flies over, or otherwise obtains ieforaation concerning any vessel, aircraft,
work of defense, at cetera.
Olauae 13 penalises anyone who with the purpose aforesaid ar4 with
nt or reason to believe copies, takes, makes or obtains or attempts,
re, any sketch, photographic negative, at cetera.
0 0 penalises anyone who with the purpose aforesaid recetys.
or obtains or agrees or attempts or induces or aids another to receive or
obtain person or from any source whatever, any document, writing,
et cetera, knowing or having reason to believe at the time he
or obtains the same that it has been or will be obtained, taken,
or disposed of by any person contrary to the provisions of Title 50.
Clause D penalises whoever lawfully or unlawfully has possession,
access to, control over, or being entrusted with any document, writing, code
book and who wilfully communicates or transmits or attempts to
same to any person not entitled to recce6ve it or wilfully
obtains tze seas and fails to deliver it on demand to the officer or employee
of the Jnitect States entitled to receive it.
observed that Title 50, Section 31, D and 1 by its 'lording
does not require proof of the intent or reason to believe that the information
is to be used to the injury of the United States or to the advantage of any
foreign nation as required by the prior clauses.
The prior clauses of the statute seem to be aimed at protecting
ional Defense information by means of penalizing individuals who
or have reason to believe that the information mill be used against
d States. Clauses D and E seem to have as their purpose the protection
information against wrongful dissemination and negligent discourse
regard to the intent or reason to believe of the individual involved.
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in order to prevent any judicial interpretzltien that intent or belief
proved against the defendant it is recommended that Title 50, Section
amended to provide that the offensea described in clauses (d) and (e)
shall not be construed to require proof of aqy intent or regson to believe
that the information is to be used to the injury of the United States.
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'A TIO
50 should be amended 1 xses to provide for the
lful dissemination of any info ion deemed vital to the
* Also to penalize any individual for tho failure to report
document or writing lawfully in his possession to his superior
or superior employee of the United States, Also to add a clause
a Penalty for the uniswfUliposseseion of any document or writing.
Under itLe SO, Section 31, the statute provides
e, code books, maps, et oetera? as defferntiated
itis further noted that under Title SO, Section 32,
individual who has information and who wilfully
gn government or agent thereaf. An amendment would
penalty for the dissemination of information vita
persons who have legitimately or necessarily come
ormationo but as to whom it would not be poesible
reason to believe that the information die-geminated would
nt or thie country* or the benefit of a foreignmation,
tion 31 E, penalize, an individual who has lawful
a document, at cetera, and through gross negligence
moved from its proper place of custody or delivered
hie trust or to be boot, Irreparable bairUlniZht
immediately made known, by the individual to his
tute which make a it a penal* for failure to report
recommended, that an amendment be added to cover
Title SO* Section 31 1), unlawful possession
has been made by a person who is entitled
V is felt that in order to protect the security
anal Defense that some penalty should be
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TION In
To amend rit1a 50, Sections31, 32 sn 3i to make death a penalty
.o1ation in time of peace and war.
The pionage Statutes are the same in time of peace and war,
except that only in time of war is death the penalty. In the modern world,
it is sometimes highly controversial as to whether war exits. Furthermore
as great if not greaterdaege is done in the field of eepionage in the timem
of peace prior to war than dnring the actual war. There would seem to be no
legal or moral basis in the modern world for refusing to recognize that the
penalty should be as grea-4 in peace as inwar.
If death were the penalty at all time", !the law itself would act
as a greater deterrent to foreign agents and a more potent tool against
foreign intelligence services.
Since capital punishment would be provided for, the statute of
limitations probably would not bar prosebution three years after the last
provable overt act. The government should be enabled to prosecute a spy
at any time that it can prove the cm against him.
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The
REQOWNPATI
gietrationAot be amended to require the 'registration of any
who has knowledge of or has received instructinn in foreign
counterespionage, or sabotage immediately upon entrance into the
d States.
Leg on for the above purpose would assist the government in
acquiring Information vital to the security and defense of the nation by
hotter equipping the goverment to counter foreign intelligence agencies.
3uch legislation would serve as additional compulsion on persons entering
the United Staten to report valuable data to officers of the United States
Government' if such arequirement became widely known, it might act as a
deterrent to prospective foreign agents recruited for or entering this
Country to perform a mission. The legislation would punish those individuals
who, thoughAccepting ihe benefits of this country-, failed to cooperate with
its government
In this leg
offense, as
Act,
ion, the fa?ium to report should
the failure to re
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RECOMIISNDATION V
To amend the Federal Communications Act of 1934 to permit the
use in evidence of information obtained through intercepting tolepho,ne
redio, cable and wired communications.
The Federal o c ions Aot of 1934 provides, relative to
interstate and foreign comanications by wile or radio, that "No person
net being authorised by the sender shall intercept any communication and
divulge or publish" its contents. The United States Supreme Court in the
Hardone Case held that evidence obtained by wire-tapping is inatmissible.
L great deal of high grads intelligence maybe obtained through
the use of technical surveillanoee which wvuld greatly add to the ability
of the intelligence agencies to prove cases in the espionage and security
incongruous that agents and organizations of feeign
gcverrenta can spy on this Government, but this Government cannot counter
by using technical surveillances to gathor evidence against them becauee
of self-imposed prohibition in the form of the Federal Cminnnications Act
of l9314.
It is reconended that he Federal Communications Act of 1234
be amendod to permit the use of evidence co obtained in cam,
a or is one affecting the welfare of the United States.
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1=0 N VI
To end Cha 212 of Public Law No. 127 dated July 9, 1943,
57 3tatUteeis 391, which provides a penalty for the wilful violation of
regulations or orders respecting the prdtection or security of vessels,
harbors, porta or waterfront facilities by striking out Section 2 of thic
chapter which provides for the termination of the statute six months after
the cessation of hostilities in the present war.
provides for the penalty of whoovor w4
violate axr relation or order promo:lasted or approved by
of Navy pursuant to lel authority for the protootion of sectiri
veseele, harbors, porta or waterfront facilities relating to fire hazarda,
fire protection, lighting, machinery, guard servioe, disrepair, dieuso or
other uneatisfactory conditions, ot cetera, or the ingreee or egrets:4 or
removal of persons therefren or otherwido providing for safeguarding the
same against destruction, loss, or injury by accident or by enemy action,
sabotage or other subversive actions. The statute as presently-exists
provides for the tiymination six months after the oeseation of hostilities
in the present var.
This act provides the intelligence agencies with powor to control
the sec rity of the waterfrontand should he continued in peacetime as
well as in war.
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RECOMMENDATION VII
TO amend Chapter- 191 of Public Law 603, approved March 21, 194g
which provides a penalty for violation of restrictions or orders with respect
to persons entering, remaining in, leaving or committing any act in military
areas or zones by providing a penalty for the wilful violation of restrictions
or orders respecting the protection of security of aircraft, airports or air-
port facilities, and by providing that Chapter 191 of Public. Law 603 shall
not terminate upon the cessation of hostilities.
********
Chapter 191, Public Law 603 penalizes whoever shall enter, remain in,
leave or commit any act in any military area or military zone prescribed under
the authority of an Executive Order of the President, by the Secretary of Wer
or by any military commander designated by the Secretary of War, contrary to
the restrictions applicable to any such area or zone or contrary to the order
of the Secretary of War or any such military commander, shall, if it appears
that he knew or should have known of the existence and extent of the restrictions
or orders that his act WAS in violation thereof. It is noted that Public Law
503 makes no mention of its expiration date. However, since the Executive
Order upon which it is based states that "Whereas the successful proseoution
of the war requires every possible protection against espionage and against
sabotage to national defense material, national defense premises, and national
defense utilities, eta,," a question arises whether this law will become in-
operative upon the restoration of peace. This act provides the intelligence
agencies with power to control the security of military installations and
should be continued in peacetime as well as in war. The act should be enlarged
to provide a penalty for whoever shall wiWully violate any regulation or order
promulgated or approved by the Secretary of War, or by any military commander
designated by the Secretary of War, for the protection or security of aircraft,
airports, or airport facilities, relating to fire hazards, fire protection,
lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory
conditions thereon, or the ingress thereto, or egress or removal of persons
therefrom or otherwise providing for safeguarding the same against destruction,
loss or injury by accident, or by enemy action, sabotage, or other subversive
acts.
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