DRAFT REVISION OF 50 U.S.C. 783(B)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100170021-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: August 2, 2006
• Sequence Number: 21
• Publication Date: February 27, 1970
• Content Type: MF

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FROM: NAME. ADDRESS AND PHONE NO.
(OGC), 7D07, Hqs.
UNCLASSIFIED CONFIDENTIAL
FORM NO. 237 Use previous editions
1-67
,MORI/CDF Pages
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27 February 1970
MEMORANDUM FOR: Legislative Counsel
SUBJECT: Draft Revision of 50 U.S.C. 783(b)
1.1 and I have examined and discussed the STAT
attached draft revision and the changes suggested by Mr. Sourwine
which are indicated in green ink. Mr. Sourwine's changes would
delete the coverage of former officers or employees of Government
corporations and would broaden the coverage of subsection (b)(2) to
include persons communicating classified information to unauthorized
persons, whether or not they had reason to believe the recipient was
authorized to receive such information. We also considered the risks
inherent in the language covering attempts to communicate classified
information.
2. We consider it desirable to retain the proposed language
covering former officers or employees of Government corporations
as well as of Government agencies. As a practical matter, prosecu-
tion would not be sought unless the defendant clearly should have known
of the classified nature of the information he was communicating; and
if this were the case, it seems unlikely that the prosecution's position
would be weakened at all by the fact that the defendant was a former
rather than a current employee of the Government or even of a
Government corporation at the time he violated the statute.
3. A court might take a jaundiced view of a prosecution for
an attempt to communicate if the Government were not selective in
the type of case it chose to bring. We would not contemplate any
prosecution under the attempt provision unless there was a clear cut
case, probably involving a defendant caught in flagrante delicto. On
balance it seems worthwhile to retain the attempt provision.
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4. We think that Mr. Sourwine's suggested change, which would
cover communication of classified information to a person not authorized
to receive it without regard to the defendant's having a possible reason
to believe the recipient was so authorized, is a risky expansion of the
Act's coverage. We prefer the language as originally drafted which
limits violations to those cases where the defendant has reason to
believe the recipient is a person not authorized to receive such
classified information. Again, we think prosecution would be confined
to cases where the defendant's position and experience would leave
him with no credible argument of a reason to assume the recipient's
authority.
5. The draft revision without Mr. Sourwine's suggested
changes would certainly be a substantial step forward and provide
an opportunity for prosecution in many cases where it is not now
available. We assume that prosecution would never be attempted
unless the Government had a very strong case, and we think that the
draft revision is the stronger for being the first one of its kind formally
supported by the Department of Justice.
Assistant General Counsel
Attachment
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 Approved For Release 2006/08/02 : CIA-RDP77M00144RO01100170021-2
27 February 1970
MEMORANDUM FOR: Legislative Counsel
SUBJECT: Draft Revision of 50 U.S.C. 783(b)
1. and I have examined and discussed the
attached draft revision and the changes suggested by Mr. Sourwine
which are indicated in green ink. Mr. Sourwine's changes would
delete the coverage of former officers or employees of Government
corporations and would broaden the coverage of subsection (b)(2) to
include persons communicating classified information to unauthorized
persons, whether or not they had reason to believe the recipient was
authorized to receive such information. We also considered the risks
inherent in the language covering attempts to communicate classified
information.
2. We consider it desirable to retain the proposed language
covering former officers or employees of Government corporations
as well as of Government agencies. As a practical matter, prosecu-
tion would not be sought unless the defendant clearly should have known
of the classified nature of the information he was communicating; and
if this were the case, it seems unlikely that the prosecution's position
would be weakened at all by the fact that the defendant was a former
rather than a current employee of the Government or even of a
Government corporation at the time he violated the statute.
3. A court might take a jaundiced view of a prosecution for
an attempt to communicate if the Government were not selective in
the type of case it chose to bring. We would not contemplate any
prosecution under the attempt provision unless there was a clear cut
case, probably involving a defendant caught in flagrante delicto. On
balance it seems worthwhile to retain the attempt provision.
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 Approved For Release 2006/08/02 : CIA-RDP77M00144RO01100170021-2
4. We think that Mr. Sourwine's suggested change, which would
cover communication of classified information to a person not authorized
to receive it without regard to the defendant's having a possible reason
to believe the recipient was so authorized, is a risky expansion of the
Act's coverage. We prefer the language as originally drafted which
limits violations to those cases where the defendant has reason to
believe the recipient is a person not authorized to receive such
classified information. Again, we think prosecution would be confined
to cases where the defendant's position and experience would leave
him with no credible argument of a reason to assume the recipient's
authority.
The draft revision without Mr. Sourwine's suggested
changes would certainly be a substantial step forward and provide
an opportunity for prosecution in many cases where it is not now
available. We assume that prosecution would never be attempted
unless the Government had a very strong case, and we think that the
draft revision is the stronger for being the first one of its kind formally
supported by the Department of Justice.
25X1
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50 U. S. C. 783(b)
Line one, following "employee, " add "or former officer
or employee. " Line 4, following "communicate, " add "or
attempt to communicate. " Line 5, following "means, " delete
through "title" in line 9. Line 13, following "classified, " delete
the remainder of the paragraph and substitute "to any other per-
son whom such officer, or employee or such former officer or
employee knows or has reason to believe to be:
(1) an agent or representative of any foreign govern-
ment, or any officer or member of any Communist
organization as defined in paragraph (5) of Section
782 of this title, unless such officer or employee,
or such former officer or employee shall have been
specifically authorized by the President, or by the
head of the department, agency or corporation by
which this officer or employee is or was employed,
to make such disclosure of such information; or
(2) a person not authorized by the President (or by the
head of any such department, agency or corporation
with the approval of the President) to receive such
classified information.
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Draft Revision of 50 U.S.C. 783 (b)
Communication of Classified Information
By Government Officer or Employee
or Former Officer or Employee
(Additions to Existing Law Underscored)
(b) Ii: shall be unlawful for any officer or employee, or
former officer or em o e:e, of the United States or of any department
V~A -C
or agency thereof, o#rof any corporatonthe stock of which is owned in
whole or in major part by the United States or any department or agency
thereof, to communicate, or attempt to communicate, in any manner or
by any means any information of a kind which shall have been classified
by the President (or by the head of any such department, agency or corpo-
ration with the approval of the President) as affecting the security of the
United States, knowing or having reason to know that such information has
been so classified, tai-any other perso whom such officer, or employee or
Ilk
such former officer or employee knows or has reason to believe to bet
1;} an agent or representative of any foreign government,
or any officer or member of any Communist organi-
zation as defined in paragraph (5) of Section 782 of
this title, unless such officer or employee, or such
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former officer or employee shall have been specifically
authorized by the President, or by the head of the
department, agency or corporation by which this
officer or employee is or was employed, to make
such disclosure of such information; or
(Z)~ . Larson not authorized b the President (or by
the head of any such department, agency or
corporation with the approval of the President)
to receive such classified information.
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50 U. S. C. 783(b)
U
Line one, following "employee, " add "or former officer
or employee. " Line 4, following "communicate, " add "or
attempt to communicate. " Line 5, following "means, " delete
through "title" in line 9. Line 13, following "classified, " delete
the remainder of the paragraph and substitute "to any other per-
son whom such officer, or employee or such former officer or
employee knows or has reason to believe to be:
(1) an agent or representative of any foreign govern-
ment, or any officer or member of any Communist
organization as defined in paragraph (5) of Section
782 of this title, unless such officer or employee,
or such former officer or employee shall have been
specifically authorized by the President, or by the
head of the department, agency or corporation by
which this officer or employee is or was employed,
to make such disclosure of such information; or
(2) a person not authorized by the President (or by the
head of any such department, agency or corporation
with the approval of the President) to receive such
classified information.
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