LETTER TO THE HONORABLE EDMUND G. BROWN FROM RICHARD HELMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000500130041-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 19, 2016
• Document Release Date: October 11, 2005
• Sequence Number: 41
• Content Type: LETTER

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The Honorable Edmund G. Brown
Chairman, The National Commission
on Reform of Federal Criminal Laws
1111 Twentieth Street, N. W.
Washington, D. C. 20036
My dear Mr. Brown:
Thank you for your letter of 21 May 1970 concerning the
work of The National Commission on Reform of Federal Criminal
Laws.
As you may'know, this Agency has no police, subpeona,
law-enforcement powers, or internal-security functions, but we
will be pleased to cooperate with the Commission by commenting
on the Study Draft of a proposed new Federal Criminal Code.
As you requested in your letter, we have asked the
Commission's staff to send a copy of the Draft and all the
supporting memoranda to Mr. Lawrence Houston, General
Counsel, Central Intelligence Agency, Washington, D. C. 20505.
We are pleased to assist the Commission in its important
Sincerely,
Richard Helms
Director
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D. C. 20505
The Honorable Edmund G. Brown
Chairman, The National Commission
on Reform of Federal Criminal Laws
1111 Twentieth Street, N. W.
Washington, D. C. 20036
My dear Mr. Brown:
Thank you for your letter of 21 May 1970 concerning the
work of The National Commission on Reform of Federal Criminal
Laws.
As you may know, this Agency has no police, subpeona,
law-enforcement powers, or internal-security functions, but we
will be pleased to cooperate with the Commission by commenting
on the Study Draft of a proposed new Federal Criminal Code.
As you requested in your letter, we have asked the
Commission's staff to send a copy of the Draft and all the
supporting memoranda to Mr. Lawrence Houston, General
Counsel, Central Intelligence Agency, Washington, D. C. 20505.
We are pleased to assist the Commission in its important
Sincerely,
Richard Helms
Director
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DATE
TRANSMITTAL SLIP
TO:
Mr. Maury
ROOM NO.
BUILDING
REMARKS:
I don't believe this letter is
necessary - see paragraph 2 of
basic. However, it was prepared
in view of Director's instructions
on yellow buck slip.
e
FROM:
ROOM NO.
BUILDING
EXTENSION
I FORM 55 OR I REPLACES FORM 36-8
T WHICH MAY BE USED.
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S,ECZtEa
UNCLASSIFIED
OFFICIAL ROUTING SLIP
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INITIALS
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FROM: NAME. ADDRESS AND PHONE NO.
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UNCLASSIFIED CONFIDENTIAL
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'all-H67IO. 237 Use pt.vlor:.ditions
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THE NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS
1111 TWENTIETH STREET N.W.
WASHINGTON, D.C. 20036
May 21, 1970
Mr. Richard Helms
Director
Central Intelligence Agency
Washington, D. Co 20505
As Chairman of the National Commission on Reform of Federal
Criminal Laws, I am writing to advise you that in early June the
Commission will be publishing a Study Draft of a proposed new Federal
Criminal Code which would not only replace Title 18 of the United States
Code but also have varying effect on all federal criminal provisions
outside that Title. One of the purposes of such publication is to
solicit comment and criticism, particularly from the affected agencies
of government, which we can take into account before we make our recom-
mendations to the President and Congress. Since our recommendations must
be submitted by November 8, 1970, comments on the Draft, to be useful to
us, will have to be received by early summer. Accordingly, we are giving
advance notice of the publication in the hope that you will be able to
assign necessary personnel and allocate appropriate funds so that, upon
receipt of the Draft, your agency will be prepared to give it immediate
attention and submit a timely response.
It would be most helpful if, as soon as possible, your
legislative liaison officer would contact the Commission staff (tel.
382-2011) to advise us of the number of copies of the Draft and of the
two volumes of supporting memoranda which your agency will require and
to whom they should be addressed.
As a description of the Commission and its project, I enclose
a copy of P.L. 89-801, the statute which established the Commission, and
a copy of the Commission's Interim Report to the President and Congress,
dated November 4, 1968.
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Although the Commission has not yet expressed itself on the
merits of the proposals in the Study Draft, we believe that the Draft
promises great and enduring improvements in federal criminal laws,
many of which are long overdue. We earnestly solicit your timely
assistance in this worthy venture.
Very truly yours,
14,1
(Pat) Brown
cc: John Maury
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 'SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
UNCLASSIFIED F-T CONFIDENTIAL SECRET
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DATE
INITIALS
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DIRECT REPLY
PREPARE REPLY
APPROVAL
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CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
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FOLD HER TO RETURN TO ENDER
FROM: NAME. ADDRESS AND PHONE NO.
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UNCLASSIFIED CONFIDENTIAL
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Public Law 91-39
91st Congress, H. R. 4297
July 8, 1969
RD RCt
To amend the Act of November S, 1966.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8 of the
Act of November 8, 1966 (80 Stat. 1516) is amended by striking out.
"within three years after the date of this Act" and inserting in lieu
thereof "within four years after the date of this Act".
SEC. 2. Section 10 of such Act is amended by striking out "not to
exceed a total of $500,000" and inserting in lieu thereof `iot to exceed
a total of $850,000", and adding at the end thereof a new sentence as
follows: "Authority is hereby granted for appropriated money to
remain available until expended."
Approved July 8, 1969.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 91-34 (Comm. on the Judiciary).
SENATE REPORT No. 91-266 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 115 (1969):
Mar. 17: Considered and passed House.
June 24: Considered and passed Senate, amended.
June 27: House concurred in Senate amendment.
National Commis-
sion or Reform
of Federal Crim-
inal Laws.
18 USC prec. 1
note.
Final report,
extension.
Appropriation.
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Public Law 89-801
89th Congress, H. R. 15766
November 8, 1966
911 2(t
Be it enacted by the Senate and house of Representatives of the
United States of America in Congress assembled, That the National
Commission on Reform of Federal Criminal Laws is hereby
established. `
SEc. 2. (a) The Commission shall be composed of-
(1) three Members of the Senate appointed by the President of
the Senate,
(2) three Members of the House of Representatives appointed
by the Speaker of the House of Representatives,
(3) three members appointed by the President of the United
States, one of whom he shall designate as Chairman,
(4) one United States circuit judge and two United States dis-
trict judges appointed by the Chief Justice of the United States.
(b) At no time shall more than two of the members appointed under
paragraph (1), paragraph (2), or paragraph (3) be persons who are
members of the same political party.
(c) Any vacancy in the Commission shall not affect its powers but
shall be filled in the same manner in which the original appointment
was made, and subject to the same limitations wit y, respect to party
affiliations as the original appointment was made.
(d) Seven members shall constitute a quorum, but a lesser number
may conduct hearings.
National Com-
mission on Re-
form of Federal
Criminal Laws.
Establishment.
SEC. 3. The Commission shall make a full and complete review and
study of the statutory and case law of the United States which consti-
tutes the federal system of criminal justice for the purpose of formu-
lating and recommending to the Congress legislation which would
improve the federal system of criminal justice. It shall be the further
duty of the Commission to make recommendations for revision and
recodification of the criminal laws of the United States, including the 80 STAT. 1516
repeal of unnecessary or undesirable statutes and such changes in the 80 STAT. 1517
penalty structure as the Commission may feel will better serve the ends
of justice.
SEc. 4. (a) A member of the Commission who is a Member of
Congress, in the executive branch of the Government, or a judge shall
serve without additional compensation, but shall be reimbursed for
travel, subsistence, and other necessary expenses incurred in the per-
formance of duties vested in the Commission.
(b) A member of the Commission from private life shall receive
$75 per diem when engaged in the actual performance of duties vested
in the Commission, plus reimbursement for travel, subsistence, and
other necessary expenses incurred in the performance of such duties.
SEc. 5. (a) The Director of the Commission shall be appointed by
the Commission without regard to the civil service laws and Classifi-
cation Act of 1949, as amended, and his compensation shall be fixed
63 Stat. 954.
5 USC 1071 note.
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Pub. Law 89-801 - 2 - November 8, 1966
by the Commission without regard to the Classification Act of 1949,
63 Stat. 954. as amended.
(b) The Director shall serve as the Commission's reporter, and, sub-
ject to the direction of the Commission, shall supervise the activities
of persons employed under the Commission, the preparation of reports,
and shall perform such other duties as may be assigned him within
the scope of the functions of the Commission.
(c) Within the limits of funds appropriated for such purpose, indi-
viduals may be employed by the Commission for service with the Coin-
mission staff without regard to civil service laws and the Classification
Act of 1949.
(d) The Chairman of the Commission is authorized to procure
services to the same extent, as is authorized for departments by section
15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed
$75 per diem for individuals.
SEC. 6. (a) There is hereby established a committee of fifteen mem-
bers to be known as the Advisory Committee on Reform of Federal
Criminal Laws (hereinafter referred to as the "Advisory Comxittee"),
to advise and consult with time Commission. The Advisory Committee
shall be appointed by the Commission and shall include lawyers,
United States attorneys, and other persons competent to provide ad-
vice for the Commission.
(b) Members of the Advisory Committee shall not be deemed to
be officers or employees of the nited States by virtue of such service
and shall receive no compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them by virtue of
such service to the Commission.
GOVERNMENT AGENCY COOPERATION
SEC. 7. The Commission is authorized to request from any depart-
ment, agency, or independent instrumentality of the Government any
information and assistance it deems necessary to carry out its func-
80 STAT. 1517 tions under this Act; and each such department, agency, and instru-
80 STAT. 1516 nienta ity is authorized to cooperate with the Commission and, to the
extent permitted by law, to furnish such information and assistance
to the L'ommission upon request made by the Chairman or any other
member when acting as Chairman.
REPORT OF THE COMMISSION; TER3IINATION
SEC. 8. The Commission shall submit interim reports to the Presi-
dent and the Congress at such times as the Commission may deem
appropriate, and in any event within two years after the date of this
Act, and shall submit its final report within three years after the date
of this Act. The Commission shall cease to exist sixty days after the
date of the submission of its final report.
ADMINISTRATIVE SERVICES
SEC. 9. The General Services Administration shall provide admin-
istrative services for the Commission on a reimbursable basis.
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November 8. 1966 - 3 - Pub. Law 89-801
80 STAT. 1518
SEC. 10. There are hereby authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, such amounts, not
to exceed a total of $500,000, as may be necessary to carry out the pro-
visions of this Act.
'Approved November 8, 1966.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 1891 (Comm. on the Judiciary).
SENATE REPORT No. 1862 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 112 (1966):
Sept. 6: Considered and passed House.
Oct. 20: Considered and passed Senate.
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THE NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS
1111 TWENTIETH STREET N.W.
WASHINGTON. D.C. 20036
November 4, 1968
The President Same letter to
The White House The Vice President and
Washington, D.C. The Speaker of the House
My dear Mr. President:
The National Commission on Reform of Federal Criminal
Laws was established by P.L. 89-801 on November 8, 1966.
Section 8 of that law directed the submission of an interim
report to the President and Congress no later than two
years after its establishment. This is the interim report.
In it are discussed the appointment of the members of the
Commission and its Advisory Committee, its organization
and administration, its objectives and work methods, and
some directions in which its reform efforts are moving.
COY:'ISSION AND ADVISORY COQ IITTEE MF1_.MBERSHIP
P.L. 89-801 provided that the Commission be composed
of 12 members, 3 Senators appointed by the Vice-President,
3 Representatives appointed by the Speaker of the House,1 United States circuit judge and 2 United States district
judges appointed by the Chief Justice, and 3 persons, in-
cluding the chairman, appointed by the President.
The appointments were made as follows:
by the President:
.Edmund G. Brown, private attorney and former
Governor and Attorney General
of California,
Chairman,. Beverly Hills, California;
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Donald S. Thomas, private attorney, Austin, Texas;
Theodore Voorhees, private attorney, Philadelphia,
Pennsylvania.
by the Vice-President:
Sam J. Ervin, Jr., Senator from North Carolina;
Roman L.'Hruska, Senator from Nebraska;
John L. McClellan, Senator from Arkansas.
by the Speaker:
Don Edwards, Representative from California;
Robert W. Kastenmeier, Representative from
Wisconsin;
Richard H. Poff, Representative from Virginia.
by the Chief Justice:
U.S. District Court for the Southern
District of California;
A. Leon Higginbotham, Jr., District Judge,
U.S. District Court for the Eastern District
of Pennsylvania.
George Clifton Edwards, Jr., Circuit Judge,
U.S. Court of Appeals for the 6th Circuit,
Detroit, Michigan;
'James M. Carter, Chief District Judge,
Congressman Poff was elected Vice-Chairman of the
Commission by his fellow members.
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Judge Carter became a United States Circuit Judge for
the 9th Circuit on November 16, 1967. Since P.L. 89-801
requires that the group of three judges appointed by the
Chief Justice be composed of only one circuit judge and two
district judges, Judge Carter thereupon resigned from the
Commission. To fill the vacancy the Chief justice appointed
U.S. District Judge Thomas J. MacBride, Chief Judge of the
U.S. District Court r the Northern District of California.
In order to provide for a group of experts to whom the
Commission could turn for advice, P.L. 89-801 also estab-
lished a 15-member Advisory Committee on Reform of Federal
Criminal Laws, to be appointed by.the Commission. The
appointments to the Advisory Committee were as follows:
Honorable Tom C. Clark, Washington, D.C., Chairman;
Maj.Gen. Charles L. Decker, Director, National Defender
Project of the National Legal Aid and Defender
Association, former Army Judge Advocate General,
Washington, D.C.;
Patricia Roberts Harris, Professor, Howard University
Law School, former Ambassador and Department
of Justice Attorney, Washington, D.C.;
Fred B. Helms, private attorney, Charlotte, North Carolina;
Byron*0. House, Justice of the Supreme Court of
Illinois, Nashville', Illinois;
Howard R. Leary, Police Commissioner of New York City,
New York;
Robert B. Morgenthau, U.S. Attorney for the Southern
-District of New York, New York City;
Louis H. Pollak, Dean, Yale University Law School,
New Haven, Connecticut;
Cecil P . Poole, U.S. Attorney for the Northern District
of California, San Francisco, California;
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Milton G. Rector, Director, National Council on Crime
and Delinquency, New York City;
Elliot L. Richardson, Attorney General of Massachusetts,
former U. S. Attorney for the District of
Massachusetts, Boston, Massachusetts;
Gus Tyler, Assistant President, International Ladies
Garment Workers Union, New York City;
James Vorenberg, Professor, Harvard Law School, former
Executive Director, President's Commission on
Law Enforcement and-Administration of Justice,
Cambridge, Massachusetts;
William F. Walsh, private attorney, former Chairman of
the Section of Criminal Law of the American
Bar Association, Houston, Texas;
Marvin E. Wolfgang, Director, Center for Studies in
Criminology and Criminal Law, University of
Pennsylvania, Philadelphia, Pennsylvania.
ORGANIZATION AND ADMINISTRATION
Appointments to the Commission were completed by
March 16, 1967; and the events which signal the ability
actually to commence operations -- the appropriation of
funds by the Congress and the engagement of a qualified
staff director - occurred during June 1967.
P.L. 89-801 authorized a maximum of $500,000 to be
appropriated, as necessary, for the Commission to carry
out the duties assigned it. The sum of $8,000 was' appro-
priated for the balance of fiscal year 1967 and the sum of
$192,000 for fiscal year 1968. Congress further appropriated
$250,000 for fiscal year 1969. A balance of $50,000 remains
available to appropriate for completion of the Commission's
work, unless there is additional authorization and funding.
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'2rie staff director appoii_tc by the Commission was
Professor Louis 1J. Schwc.r:~ of the lj. iv rsity of Pennsylvania
J
n'
L t': School a LOL:i '~ Chief of the General Crimes Section in
the Criminal Division of the DeD2_rtment of Justice and
co- 1G-. the Model Penal Code developed by the A ; r
iC an
Law institute. Recruitment of the remainder Oi.f the nucleus
st i of Six full-time attorneys, with varying backg- :'
~, Gti.iG ;,
and experience in criminal law, was completed by November 1907.
Quarters were obtained and outfitted, during July and
August 1967 : t the Vanguard Bui Iding, 1111 20th Street, N.W.,
Washington, D.C. 20030.
The Co ::.?is s i on, its Executive Co: =mittee, and the Advisory
Co~mittee have held a series of meetings, either alone or in
joint "discussion sessions,' according to what work was to
be done. A total of nine such meetings have been held over
the period of April 1967 to June 1968.
OBJECTIVES AND %ZEThOD
The duties of the Commission were set forth in Section 3
of P.L. 89-801, as follows:
The Commission shall make a full and complete re-
view and study of the statutory and case law of the
United States which constitutes the federal system
of criminal justice for the purpose of for