S. 1 IN THE SENATE OF THE UNITED STATES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01481986
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: January 15, 1975

Approved for Release: 2017/01/18 C01481986
94TIE CONGRESS
1ST SESSION
s.1
IN THE SENATE OF THE UNITED STATES
JANUARY 15, 1975
. Mr. McCLELL:us (for himself and Mr. IIRUSKA, Mr. BAYII, Mr. EAST-
LAND, Mr. FONG, Mr. GRIFFIN, Mr. MANsrimn, Mr. Moss, Mr.
Soorr of Pennsylvania, Mr. TAri, .and Mr. TOWER) introduced the
following bill; which was read t wicla and referred to the Committee
on the Judiciary
A ILL
To codify, revise, and reform title 18 of the United States Code; to make
appropriate amendments to the Federal Rules of Criminal Procedure;
to make conforming amendments to criminal provisions of other titles
of the United States Code; and for other purposes.
1 Be it enacted by the Senate and House of Representatives of the
2 United States of America in Congress assembled, That this Act may
3 be cited as the "Criminal Justice Reform Act of 1975".
TABLE OF CONTENTS
5 FEDERAL CRIMINAL CODE
PART Page
I. GENERAL PROVISIONS AND PRINCIPLES 31
H. OFFENSES OF GENERAL APPLICABILITY 59
III. SENTENCES 181
IV. CRIMINAL JUSTICE ADMINISTRATION AND PROCEDURES_..: 198
V. ANCILLARY CIVIL PROCEEDINGS 295
6 PART L�GENE.RAL PROVISIONS AND
7 PRINCIPLES
CHAPTER Page
1. GENERAL PROVISIONS 31
2. JuRistacriox 43
a CULPABLE STATEs OF MIND 49
4. COMPLICITY 51
5. Blots AND DEFENSES 53
8 Chapter I.�GENERAL PROVISIONS
Subchapter
A. Ma tters Relating lo Purpose and Application 31
B. Matters Relating. to Construction 32
II-0
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"(B) fails to report promptly, to the agency authorizing
2 him to possess or control such information, its loss, destruc-
tion, or theft, or its communication to a person who is not
4 authorized to receive it; or
5 "(C) intentionally fails to deliver it on demand to a federal
6 public servant who is authorized to demand it; or
7 "(2) being in unauthorized possession or control of national
8 defense information; he:
9 "(A) engages in conduct that causes its. loss, destruction,
10 or theft, or its communication to another person who is not
11 authorized to receive it ; or
12 "(B) fails to deliver it promptly to a federal public Servant
13 who is entitled to receive it.
14 "(b) GRADING.�AD offense described in this section is a Class D
16 felony.
16 "�1124. Disclosing Classified Information
17 "(a) OFFENSE.�A person is guilty of an offense, if, being or hay-
18 ing been in authorized possession or control of classified information,
19 or having obtained such information as a result of his being or baying
20 been a federal public servant, he communicates such information to a
21 person who is not authorized to receive it.
22 "(b) EXCEPTIONS TO LIABILITY AS AN ACCOMPLICE, CONSPIRATOR, OR
23 SOLICITOR.�A person who is not authorized to receive classified infor-
21 illation is not subject to prosecution as an accomplice to an offense un-
25 der this section., and is not subject to prosecution for conspiracy to
26 commit or for solicitation to commit an offense under this section.
27 "(c) BAR TO PROSECIITION.�A prow:, ion under this section is
28 barred unless:
29 "(1) at the time of the offense there existed, pursuant to a stat-
30 ute or an executive order, or a regulation or rule issued pursuant
31 thereto:
32 "(A) a government agency responsible for insuring that.
33 other government agencies classify and maintain as classi-
31 fled only such information as is lawfully subject. to classifica-
85 tion ; and
36 "(B) a review procedure through which the defendant
37 could obtain review, by the government agency described in
38 subparagraph (A), of the lawfulness of the classification of
39 the information; and
40 "(2) prior to the return of the indictment or the filing of the
41 information, the bead of the government agency classifvi err the
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1 information, the. head of the government agency described in sub-
paragraph (A) of paragraph (1), and the Attorney General
3 jointly certify to the court that the information was lawfully
subject to classification at the time of the offense.
5 "(d) AFFIRMATIVE DEFENsEs.-.---It is an affirmative. defense to a pros-
6 ecution under this section that:
7 "(1) the information was communicated only to a regularly
8 constituted subcommittee, committee, or joint committee of COIL-
gress, pursuant to lawful demand; or
10 . "(2) the defendant had attempted to obtain the declassification
11 of the information and had exhausted all administrative remedies
12 arising out of the review procedure described in subsection (c) (1),
13 and the information:
14 "(A) was not communicated to an agent of a foreign power;
15 "(B) was not communicated in eichange for anything of
16 of value; and
17 "(C) was not lawfully subject to classification at the time
18 of the offense.
19 "(e) DEFENSE Pur:cr,unEn.�It is not a defense to a prosecution under
20 .this section, except as provided in subsection (d) (2), that the infor-
21 illation was not lawfully subject to classification at the time of the
22 offense..
23 "(f) GliADING.---AIL offense described in this section is:
24 "(1) a Class D felony if the person to whom the information
25 is communicated is an agent of a foreign power;
26 "(2) a Class E felony in any other case.
27 "� 1125. Unlawfully Obtaining Classified Information
28 "(a) OFFENSE.�A person is guilty of an offense if, being an agent
29 of a foreign power, he obtains or collects classified information that,
30 in fact, he is not authorized to receive..
31 "(b) DEFENSE PaEcramED.--It is not a defense to a prosecution under
32 this section that the information was not lawfully subject to classifi-
33 cation at the time of the offense.
"(c) GRADINCL�An offense described in this section is a Class D
35 felony.
3G "� 1126. Failing to Register as a Person Trained in a Foreign
37 Espionage System
38 "(a) OFFENSE.--A person is guilty of an offense if he:
39 "(1) fails. to register with the Attorney General as required
40 by section 2 of the Act of August 1, 1956 (50 U.S.C. 851) (relating
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