\ 

REF ID:A40074 

Proposed Justice Department Bill 

A BILL 

Relating to the internal security of the United States 

Be it enacted by the Senate and House of Representatives 

of the United States of America in Congress Assembled, That 

subsections (d) and (e) of section one and section four of 

Title I of the Act entitled "An Act to punish acts of interference with the foreign relationsi the neutrality, and the 

foreign commerce of the United States, to punish espionage, 

and better to enforce the criminai laws of the United States, 

and for other purposes", approved June 15, 1917, as amended 

(50 u.s.c. 31, 34), be and the same are hereby amended to 

read as follows. 

"(d) whoever, lawfully having possession of, access to, 

control over, or being entrusted with any document, 

writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, note, or information relating to the 

national defense, willfully communicates or trnsmits or 

attempts to communicate or transmit the same to any person not entitled to receive it, or w!llfully retains the 

same and fails to deliver it on demand to the officer or 

emplo7ee of the United States entitled to receive it; 

or (e) whoever unlawfully having possession of, access 

to, control over, or being entrusted with any document, 

writing, code book, signal book, sketch, photograph, 

i 

copied 7 July 47 from 

Captain Fitzpartric's Files 

@'pp roved for Release by NSA on 09-27-2013 pursuantto E .0. 1352a 
REF ID:A40074 

photographic negative, blue print, plan, map, model, instrument, appliance, note, or information relating to the 

national defense, willfully communicates or transmits 

or attempts to communicaFe or transmit the same to any 

person not entitled to receive it, or willfully retains 

the same and fails to deliver it to the officer or employee of the United States entitled to receive it, or (f) who- eve~ being entrusted with or having lawful possession or 

control of any document, writing, code book, signal book, 

sketch, photograph, photographic negative, blue print, plan, map, model, note, or information relating to the 

national defense, (1) through gross negligence permits the same to be removed from its proper place of custody 

or delivered to anyone in violation of his trust or to 

be lost, stolen, abstracted, or destroyed, or (2j having knowledge that the same has been removed from its proper place of custody or delivered to anyone in violation of 

his trust, or lost, stolen, abstracted, or destroyed, and 

fails to make prompt report, thereof to his superior officer, shall be punished by imprisonment for not more 

th.an 10 years and may, in the discretion of the court, 

be fined not more th.an $10,000." 

"Sec. 4. r:r two or more persons conspire to violate 

the provisions of sections one, two or three of this 

title, and one or more of such persons does any act to 

e:r:rect the ObJect of the conspiracy, each of the parties 

to such conspiracy shall be punished as in said sections 

provided in the case of the doing of the act the accomplishment of which is the obJect of such conspiracy. Except as above provided conspiracies to commit offenses 

under this title shall be punished as provided by section 

thirty-seven of the Act to codify, revise, and amend the 

penal laws of the United States approved March fourth, 

nineteen hund?>ed and nine." 

Section 2. An indictment for any violation of sections lJ 2J 

3J or 4 of 'fitle I of the Act entitled "An Act to punish 

acts of interference with the foreign relationsJ the neutrality, 

and the foreign commerce o:r the United States, to punish 

espionageJ and better to enforce the criminal laws of the 

United States, and for other purposes", approved June 15J 1917 

(40 Stat. 217), as amended (50 u.s.c. 31-34), may be found at 

2 
REF ID:A40074 

e 

any time without regard to any statute of limitations. This 

section shall not authorize prosectuion, trial or punishment 

for any offense now barred by the provisions of existing 

law. 

Section 3. Section 1044 of the Revised Statutes of the 

United States, as amended (18 U.S.C. 582) 1 is hereby further 

amended to read as follows: 

""Section 1044. No person shall be prosecuted, tried, 

or punished for any offense not capital or nor arising under the provisions of sections 1, 2 1 3;-or 4 of Title I 

of the Act entitled 1An Act To punish acts of interference 

with the foreign relations the neutrality, and the foreign 

commerce of the United States, to punish espionage, and 

better to enforce the criminal laws of the United States, 

and for other ur oses' a roved June l l l O Stat. 

21 1 as amended 50 u.s.c. 31-3 1 except as provi ed 

in section 1046, unless the indictment is found, or the 

1nf"ormation is instituted, within three years next after 

such offense shall have been committed. Provided, that 

nothing herein contained shall apply to any offense for 

which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or inf'ormation." 

Section 4. The Act of June 81 1938 (5~ Stat. 631; 22 

u.s.c. 233 (a) - 233 (g), entitled "An Act To require the 

registration of certain persons employed by agencies to disseminate propaganda in the United ~tates and for other purposes", as amended, is hereby further amended as follows: 

(a) Strike out the word "and" at the end of Section l(c) 

(3), insert the word "and" at the end of Section l(o) (4), 

and add the following subsection immediately after Section 

l(c) (4): 

3 

• 
REF ID:A40074 

e 

"(5) any person who has knowledge of or has received 

instruction in the espionage counter-espionage, or sabotage service or tactics of a government of a foreign country 

or a foreign political party;" 

(b) Add the following subsection immediately after 

Section 8 (d)· , 

"8(e) Failure to f'ile a registration statement or 

supplements thereto as required by section 2(a) and 

section 2(b} shall be considered a continuing offense 

for as long as such failure exists, notwithstanding 

any statute of limitation or other statute to the 

contrary." 

Section 5(a) The Director Federal Bureau of Investigation, Department of Justice, the Director of Intelligence, 

War Department, and the Chief of Naval Intelligence are 

authorized, in the conduct of investigations to ascertain, 

prevent, to frustrate any interference or any attempts or 

plans for interference with the national security and defense 

by treason, sabotage, espionage, seditious conspiracy, violations of neutrality laws, violations of the Act requiring 

the registration or agents of foreign principals (Act of June 

8, 1938, as amended, (52 Stat. 631), violations of the Act 

requiring the registration of organizations carrying on certain activities within the United States (Act of October 17 

1940 (54 Stat. 1201), or in any other nianner, to require that 

telegrams cablegrams, radiograms, or other wire or radio communications and copies or records thereof, or that any in- .. formation obtained by means or intercepting, listening in on, 

or recording telephone, telegraph, cable, radio, or any other 

similar messages or communications be disclosed and delivered 

4 
REF ID:A40074 

to any authorized agent of any one of said investigatorial 

agencies, without regard to the limitations contained in 

section 605 of the Communications Act or 1934 (48 Stat. 1103). 

The information thus obtained shall be admissible in evidence. 

(b) No person shall fail to comply forwith with the request or any duly authorized person, pursuant to this section, 

for the disclosure and surrender of any telegram, cablegram, 

radiogram, or other wire or radio communication, or copies 

or records thereof in his possession or under his control. 

(c) No person shall divulge, publish, or use the existence, contents, substance, purport, or meaning of any information obtained pursuant to the provisions or this section 

otherwise than for the purposes hereinbefore enumerated. 

(d) An~ person who willfully and knowingly violates any 

provision or this section shall be guilty of a felony and upon 

conviction thereof shall be fined not more than $10,000 or 

imprisoned not more than two years, or both. 

{e) If any provision of this section or the application 

of such provision to any circumstance shall be held invalid, 

the validity of the remainder of this section and the applicability of such provision to other circumstances shall not 

be affected thereby. • 

(f) Fol" purposes of this section the term "person" shall 

include any individual, partnership, association, business 

trust, corporation, or any organized group of persons, whether 

incorporated or not. 
REF ID:A40074 

e e 

Section 6. Section 2 of the Act entitled "An Act To 

provide a penalty for the willful violation of regulations 

or orders respecting the protection or security of vessels, 

• 

harbors,, ports, or water-front facilities", approved July 9, 

1943 (57 Stat. 391, 50 App. u.s.c. 1312), is hereby repealed. 

Section 7. The Act entitled "An Act to provide 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", approved March 21, 1942 (56 

Stat. 173, 18 u.s.c. Supp. 97a), is hereby amended to read 

as follows. 

"That whoever shall enter, remain in, leave, or comit 

any act in any military area or military zone prescribed by the Secretary of War, 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 th.at he knew or should 

have known of the existence and extent of the restrictions 

or order and that his act was in violation thereof, be 

guilty or a misdemeanor and upon conviction shall be 

liable to a fine or not to exceed $5,000 or to imprisonment for not more than one year, or both, for each offense." 

"Sect. 2. Whoever willfully shall violate any regulaticn 

or order promulgated or approved by the Secretary of War, 

or by any military commander designated by the Secretary 

or War, pursuant to lawful authority for the protection 

or security of aircraft, airports, or airport facilities, 

relating to ?Ire hazards, fire protection, lighting, 

machinery, guard ~ervice, disrepair, disuse of other unsatisfactory conditions thereon, or the ingress thereto 

or efress or removal of persons therefrom, or otherwise 

prov ding for safeguardin~ the same against destruction, 

loss or injury bl acciden or by enemy action, sabotage 

or other subvers ve actions, shall be guilty of a misdemeanor and u on conviction thereof shall be liable to 

to excee ,o or to impr sonmen or not 

6 
REF ID:A40074 

• • 

PROPOSED NAVY BILL 

A BILL 

To amend Section 605 of the Communications Act of 1934 in order 

to increase the Security of the United States, and for other 

purposes. 

Be it enacted by the Senate and House or Representatives of 

the United States of America in Congress assemblad, That Section 

605 of the Act of June 19, 1934, entitled "An Act to provide for 

the regulation of interstate and foreign communication by wire 

or radio, and for other purposes" (48 Stat. 1103, 47 U.S.C. 605), 

as amended, is hereby further amended by striking therefrom the 

period at the end of said section and substituting therefor a 

colon followed by the wrods. "Provided, further,, That this 

section shall not apply to the interception, receipt, or utilization in the interests of national security, by the War Department, 

Navy Department, and such other agencies of the United States 

Government as may, for the purposes of this proviso, be designated 

by the President as national defense and security agencies, of 

the contents of any communication by wire or radio under such 

rules and regulations as may be approved by the President." 

copied 7 July 47 from Captain Fitzpanrick's files