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REF ID:A40255 

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7Jo CoNGRESs } HOUSE OF REPRESENTATIVES { 1st Session 

PROTECTION OF GOVERNMENT RECORDS 

REl'OJl'l' 

No 18 

MAUCH 29, 1933-Referred to the House Calendar and ordered to be pnnted 

~Ir SuMl\Lns of Te-<as, from the Committee on the JudlClary, subnutted the folloY.'1.Jlg 

REPORT 

lTo neeompany JI R 4220] 

The Committee on the Judmary, to. '' hom y, as referred the bill 

(II U 4220) after cons1derution, 1eports the same fa.vorablv \nth 

amendments, and iecommend., that the btll o.s amended do pass 

The rommittf'e amendment:o. are as follows 

Page 1, hne 8, after the ''ord "destroy" stnke out the uord "or", 

and m the <:am£> lme, afte1 the n ord "sell", msert the follO\nng 

"furm<:h to anotlur, publish or offer for s'llc," 

Page 2, Imes 21 and 22, stnke out the y,ords "facts or information 

purporting to be contnmed m" and msert m heu thereof the follo'\\mg 

"anv such matter 01 an\ tlung purporting to be" 

It is lnghh essential that leaks from confidential official records 

ancl eonunumcntions not occur and that baseless or damaging reports 

purportmg to be disclosures from such documents not be cuculated 

It is the purpose of thls bill to mmumze the poss1btl1ty of such occurrences, "lnle at the same hme safeguardmg the nghts of md1viduals 

and the pubhe mterest as they are related to freedom of speech and 

of the press 

'fhe e.-...ecutn e branch of the Go' ernment has requested the enactment of th1~ legislation at the earhest prat'hcable date, and has 

sahsfnetonlv d£>monstrated to the comnuttee the need for it The 

leb1'1slat10n is by its nature 'ery proper!) auubary to the emergency 

legislation enacted and to be ena.eted by Congress at the present 

sesSion It is proper to state that the committee 'has had the assistance of the Depnrtmf'nt of Justice m the dro.ftmg and preparahon 

of the bill 

Tins hill, \\Jule not repenlmg e.-...JStmg law, 1s an extension thereof, 

and tlwrefo1e, m eomphant'e \\Ith clause 2a. of rule XIII there is 

pnnted belo\\ m parallel columns, e'l:1stmg la\\ and H R 4220 

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REF ID:A40255 

2 PROTECTION OF GOVERNMENT RECORDS 

EXISTING LAW 

Umted States Code, title 18, para- graph 234 (Cnmmal COde, section 128), dest'f()ying public records 

"Whoever shall wlllfullv and unlawfully conceal, remove, mutilate, obliterate, or destroy, or attempt to con- ceal, remove, mutilate, obliterate, or destroy, or with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry awav any record, proceeding, map, book, pa.per, document, or other thmg, filed or depoS1ted "1th &n3' clerk or officer of 

any court of the Umtcd States, or m any public office, or with any 1ud1c1al or pubhc officer of the Umted States, 

shall be fined not more than $2,000, or imprisoned not morE" than three years, or both" 

Umted States Code, title 18, para- graph 235 (Cnmmal Code, sl)Ction 129), 

destroying records bv officer in charge "Whoever, having the custody of 

any record, proccedmg, map, book, 

document, I?aper, or other thmg speci- fied in section 234 of this title, shall 

willfully and unlawfully conceal, re- move, mutilate, obliterate, falS1fy, or destroy any such record, proceedmg, 

map, book, document, paper, or tlung, shall be fined not more than $2,000, or iQlpr1soned not more than three vears, or both, and shall moreover forfe•t his 

office and he forever aften,ard d1squal1fied from holding anv office under 

the Government of the Umted States " 

PROPOSED LAW 

H R 4220 (mcludmg committee 

amendments) 

"That whoever, bi/: virtue of his em- ployment by the Umted States, having custodv of, or access to, any record, 

proceeding, map, book, document, 

paper, or other thing shall, for auy 

purpose pre1ud1cial to the safety or mterest of the Umted States \\1llfullv 

and unla\\fulh conceal, remove, mutilate, obliterate, falsify, destroy, sell, 

furnish to another, publish, or offer for 

sale, an,. such record, proceedmg, map, book, document, paper, or tlung, or any information contained therem, or a copy or copies thereof, shall be fined 

not more than i2,000 or 1mpr1soned 

not more than three vears, or both, 

and moreo\ er shall Corfeit his offic.'e 

and be forever after\\ards disqualified. from holding anv office under the Go\ - ernment of the 'United States 

"Sec 2 \Vhoe\ er shall "illfully, without author1zat1on of competent authont,., publish or furnish to another anv matter prepared in am official 

code, or "hoe\ er shall, f<ir any purpo<1e pre1ud1cial to the safct;} or interest of 

the United States, \\illfully publish or furnish to another any matter obtained 

without author1111bon of competent authont) , from the custody of an:i, 

officer or em1>lo\ee of the Uni'ted States or any matter which was obtained 

\\hue m process of transmisston from one public office, execut1 \ e department, or mdependent establishment of tht. 

Umtcd States or branch thereof to anv other such pubhc office, e'Cecutive department, or independent estabhshment of the Umted States or branch 

thereof or any matter \\hich \\as m process of transmission bet\\ een any foreign government and its diplomatic JDJssion m the United States, or \\ho- ever shall for anv purpose pre1ud1cial 

to the safety or mterest of the Umted 

States, willfully, "ithout authorization 

of competent authontv, publish, or furnish to another, any such matter or anything purportmg to be any such 

matter shall be fined not more than 

$10,iiiO or imprisoned not more than 

ten :)_ears, or both 

"SEC 3 In any prosecution hereunder, proof of the commission of an\ 

of the ac.'ts described herein shall be 

prima faeie evidence of a purpose preJud1C1al to the safety or interest of 

the Uiuted States " 

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