CONTENTS OF LEGISLATION FILE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000200120001-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 16, 2016
• Document Release Date: January 6, 2005
• Sequence Number: 1
• Content Type: LIST

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Contents of Legislation File
1. Memo for Chief, Research and Analysis, CI Staff, from Mr. Houston
Dated 16 March 1959, Subject: Internal Security
2. Memo for DCI, from Mr. Houston, dated 31 Oct 1957, Subject: Official
Secrets Act
3. Memo for Inspector General, from Mr. Houston; dated 11 January 1955,
Subject: Internal Security Laws
4. Memo for DDCI, dated 12 May 1954, from Mr. Houston, Subject:
Proposed Legislation to Identify Communist Propaganda
5. Letter to Mr. Roger':W. Jones, BOB, from Pforzheimer, Subject:
To amend the Internal Security Act of 1950, dated 21 April 1954
6. Letter to DCI from Roger W. Jones, dated 9 April 1954
7. Memorandum for: Chief, Admin. /DDP, dated 15 April 1954, from
Pforzheimer, Subject: Proposed amendment to the Internal Security
Act of 1950 and the National Labor Relations Act
8. Explanation of Proposed Bill, Internal Security Act of 1950
9. Memo to General Counsel, dated 19 April 1954, from Sheffield
Edwards, Director of Security, Subject: Proposed Amendment to
the Internal Security Act of 1950, and National Labor Relations Act
10. Memorandum for Director of Security, dated 15 April 1954, from
Pforzheimer, Subject: same as above
11. Letter to Mr. Crean, Under Secretary of State for External Affairs,
dated 14 April 1954, from DCI, Subject: Canadian Official Secrets Act
12. Memo for John F. McIntyre, ID/SO, dated 15 Jan. 1954, from OGC,
Subject: Proposed Internal Security Legislation
13. Memo for DDCI, dated 29 December 1954, from General Counsel,
Subject: Review of Internal Security Legislation
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MEMORANDUM FOR: Chief, Research and Analysis, Cl Staff
SUBJECT: Internal Security
i. In accordance with our recent conversations, I am
forwarding
a. House Committee on the Judiciary Report to
accompany H. R. 1992, which gives a good picture of
the current status of the extraterritorial application
of espionage laws. You may retain this if you wish.
b. Advance sheet of the Supreme Court Reporter
giving the opinion of the Supreme Court on the Common-
wealth of Pennsylvania v. Steve Nelson at page 477.
Keep this if you need to, but if not we would appreciate
getting it back.
c. Volume 44, Number 3, of The Georgetown
Law Journal, which discusses, starting at page 509,
the lower court opinion in Commonwealth v. Nelson.
This we want back as soon as you can return it.
d. Volume 70, Number 1, of the Harvard Law
Review which, in an article on the Supreme Court,
1955 Term, has a section, starting at page 116, on the
Supreme Court opinion in Pennsylvania v. Nelson.
Again, we would like this returned at your early
convenience.
2. If you want any more background on the extraterritoriality
question or if you wish to go into some of the other material on the
Nelson case, et in touch with of my Office,
extension He will be glad to get anything additional you want.
LAWRENCE R. HOUSTON
General Counsel
Attachments-4
OGC: LRH: j eb
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GC subject-Legislation 1-Internal Security
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OCT 31 1957
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Official Secrets Act
1. This memorandum is for information only.
2. Attached is the Attorney General's report to the
National Security Council on internal security legislation. It
was submitted in December 1953 and it is in some respects
out of date. It treats the entire field of internal security, but
insofar as it deals with unauthorized release of classified
information it recommends against an American counterpart
of the British Official Secrets Act (page 16). This is based on
a conclusion that our espionage acts have equal coverage
except for certain provisions in the British act, which would
in all probability be unconstitutional in this country.
3. The Attorney General's report does not consider
section 798 of Title 18 of the United States Code, which pertains
to communications intelligence. It is conceivable that this
section would apply to information released about United States
radar activities, but as it is limited to procedures and methods
used in the intercept of communications pure ELINT operations
might be outside the section. If applicable, prosecution under
this section is somewhat easier than under the straight espionage
sections 793 and 794, as it provides punishment for anyone
knowingly and willfully publishing or using in any manner
prejudicial to the safety or interest of the United States or
for the benefit of any foreign government to the detriment of
the United States any classified information concerning the
communications intelligence activities of the United States.
Note:
AG report
returned to
Justice ST
11/5/57.
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s. The Attorney General's report also, of course, does
not consider the impact of the Supreme Court ruling in the Jencks
case on prosecution under the espionage acts. Positive recom-
mendations for legislation to strengthen the internal security laws,
set forth in Table 1 of the report, do not affect the problem of
release of classified information to any great extent. Certain of
these have been acted on--thus, the death penalty for espionage
in time of peace added in the amendments to section 794 in 1954.
The atomic energy provisions on classified information were also
amended and strengthened in 1954. In these amendments the
Atomic Energy Commission included an interesting injunction
section which has not yet been tested in any court. This reads:
"Whenever any person has engaged or is
about to engage in any acts or practices
which constitute or will constitute a
violation of any section of this chapter
or any regulations or order issued thereunder,
the Attorney General on behalf of the United
States may make application to the appropriate
court for an order enjoining such acts or
practices, and upon a showing that such
person has engaged or is about to engage
in any such acts or practices, a permanent
or temporary injunction, restraining order,
or other remedy may be granted. "
4. This Office has been considering similar legislation
for information pertaining to intelligence sources and methods, and
we are in the process of suggesting to the Department of Justice
several possible amendments to strengthen the protection of
classified information. In addition to the injunction clause, we
are drafting a proposal which would be similar to the communica-
tions intelligence statute but would apply to intelligence activities
generally. To our knowledge the Department of Justice has never
considered these suggestions in its own studies. If and when Justice
agrees that such suggestions may be helpful, we should then, I
believe, compile all the examples of information published in
newspapers and other journals which we believe to have been
damaging to demonstrate the need for additional legislation.
LAWRENCE R. HOUSTON
Att General Counsel
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SENDE WILL CHE CL-AS 'IFICATION TOP AND BOTTOM
e" 1--Me V TV -WCW
UNCLASSIFIED CONFIDENTIAL SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
INITIALS
DATE
Mr. Houston, General
2
Counsel
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
The Director noted this, found it
most interesting, and commented that we
should keep looking into this.
MC
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
O/DCI, 221 Admin, Ext.
11/3/57
d or aa6ffi$a8/01 26 : CK
1 00
2 D1
FORM NO. Replaces Form 30-4 (40)
1 APR 55 2^S v 7 which may be used. * U. S. GOVERNMENT PRINTING OFFICE; 1955-0-342531
 ro
TO
-
LASSIFICATION TOP AND BOTTOM
CONFIDENTIAL SECRET
INTELLIGENCE AGENCY
L ROUTING SLIP
NAME AND ADDRESS INITIALS DATE
Asst to DCI (Chapin)
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
This is the only report the Attorney
General has made on the British Official
Secrets Act. It is old and somewhat out of
date, so I have added a memorandum comment-
ing on it. /
LRH
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
General Counsel 221 East
10/31/57
ro
ed oriRet*a ei2mDB/01 26 : CC P6Z~It3 1
7
FORM, NO. ?1) Replaces-i*ortn 30-4 (40)
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