• 

79TH CONGRESS 

lsT SESSION S.805 

[Report No. 161] 

REF ID:A40693 

• 

Calendar No. 15 9 

IN THE SENATE OF THE UNITED STATES 

l\lARcH 30 (legislative clay, l\LrncH 16), 1945 

Mr. THOMAS of Utah introduced the following bill; which was read twice 

and referred to the Committee on Military Affairs 

APRIL 4 (legislative day, MARCH 16), 1945 

Reported by Mr. Tno:MAS of Utah, with an amendment 

[Insert the part printed in italic] 

A BILL 

To msnre further the military security of the United States by 

preventing disclosures of information secured through official 

sources. 

1 Be it enacted by the Senate and llouse of Representa2 tives of the United States of Ame1·ica in Congress a.ssembled, 

3 That whoever, by virtue of his employment by or perform4 ance of services for the United States or by virtue of hi.s 

5 employment by any person, firm, or corporation pcrform6 ing services for the United States or by virtue of his service 

7 in the armed forces of the United States, having obtained, 

8 or having had custody of, access to, or knowledge of ( 1) 

9 any information concerning the nature, preparation, or use of 
REF ID:A40693 

•• • 

1 any code, cipher, or cryptographic or cryptanalytical system 

2 of the United States or any foreign government, or ( 2) 

3 any information concerning the design, construction, use, 

4 maintenance, or repair of any device, apparatus, or appliance 

5 used or prepared or planned for use by the United States 

6 or any foreign government for cryptographic or cryptanalytic 

7 purpose, or ( 3) any material which has been, or purports to 

8 have been, prepared or transmitted in or by the use of any 

9 code, cipher, or cryptographic system of the United States 

10 or any foreign government, or ( 4) any information con11 cerning the cryptographic or cryptanalytic activities of the 

12 United States or any foreign government, or ( 5) any infor13 mation which has been or purports to have been derived from 

14 cryptanalysis of messages transmitted by the United States 

15 or any foreign government, shall, without authorization by 

16 the head of the department or agency by which such person 

17 was employed or in which he performed services at the time 

18 when he had custody of or access to or obtained knowledge 

19 of the above-described information or material, communicate, 

20 furnish, or transmit to another or publish any such infor21 mation or material, shall be fined not more than $10,000, 

22 or imprisoned not more than ten years, or both. Authoriza23 tions, as herein provided, shall be granted only in accordance 

24 with regulations prescribed by the President. 

25 SEC. 2. Whoever, by virtue of his employment by or 
REF ID:A40693 

t 

3 

1 performance of services for any foreign government or by 

2 virtue of his service in the armed forces of any foreign gov3 ernment, having obtained, or having had custody of, access 

4 to, o~ knowledge of ( 1) any information concerning the 

5 naiture, preparation, or use of any code, cipher, or crypto6 graphic or cryptanalytical system of the United States, or 

7 ( 2) any information concerning the design, construction, 

8 use, maintenance, or repair of any device, apparatus, or 

9 appliance used or prepared or planned for use by the United 

10 States for cryptographic or cryptanalytic purpose, or ( 3) 

11 any material which has been, or purports to have been, pre12 pared or transmitted in or by the use of any code, cipher, or 

13 cryptographic system of the United States, or ( 4) any in14 formation concerning the cryptographic or cryptanalytic 

15 activities of the United States, c>r ( 5) any information which 

16 has been or purports to have been derived from cryptanalysis 

17 of messages transmitted by the United Staites, shall, without 

.18 joint authorization by the Secretary of State, the Secretary 

19 of War, and the Secretary of the Navy communicaite, furnish, 

20 or transmit to another or publish any such information or 

21 material, shall be fined not more than $10,000, or imprisoned 

22 not more than ten years, or both. 

23 SEC. 3. The term "foreign government" as used herein 

24 includes any person or persons acting or purporting to act 

25 for or on behalf of any military or naval force, faction, party, 
REF ID:A40693 

• 

4 

1 department, agency, or bureau of or within a foreign country, 

2 or for or on behaH of any government or any person : or 

3 persons purporting to act as a government within a foreign 

4 country, whether or not such government is recognized by 

5 the United States. · 

6 SEC. 4. (a) The term "cryptographic" as used herein 

7 includes any code, cipher, secret writing, deception, mechan8 ical or electrical device, or other method used to disguise 

9 or conceal the meaning of any communication. 

10 (b) The term "cryptanalytic" as used herein includes 

11 all methods of interception and all methods of obtaining 

12 information of the contents of cryptographic communication. 
\ 

I 

7\JTH OONGBlllSS 

]ST SESSION 

Calendar No. 159 

S.805 

[Report No. 161] 

A BILL 

To insure further the military security of the 

United States by preventing disclosures of 

information secured through official aources. 

By Mr. THOMAS of Utah 

MARCH 80 (legislative day, MARCH 16), 1945 

Read twice and referred to the Committee on Military 

A1'fairs 

APRIL 4 (legislative day, MARCH 16), 1945 

Reported with an amendment