REF ID:A39932 

I r!y( A..-<" r . ).. "J-, 

• CONFID~·AL RESTRICTED 

DATE ".2 "l.. t/k~ -fg-' 

SECRET 

TO FROM TO FROM 

~1ef, ASA (10)_ Tech Staff (96)_ = Executive 0 (11)_ _ Ch, Security Div (80)_ 

Co'rJomtOper (12)_ Tech Staff (81) _ 

_ Deputy Chief, ASA (20)__1 Ch, Materiel Br (82)_ 

_ Ch, Comm Res Sec (14)_V'_ __ Ch, Methods Br (83)_ 

Ch, HISt l}mt (13)_ _ Ch, Protective Br (84)_ 

Ch, Pers Sec (21)_ _ Ch, Mamt Br (85)_ 

Ch, Org & Tng Sec (22)_ _ Ch, Res Lab Div (70)_ 

Ch, Plans & Oper (23)_ Tech Staff (71)_ 

Ch, Materiel Sec (24)_ Ch, Ch C1ph&C1fBr(72)_ 

Ch, Fiscal Sec (25)_ Ch, Int Equip Br (73)_ 

Ad3utant, ASA (26)_ Ch, Elec & Elec Br (74)_ 

Ch, Sec Cont Sec (27)_ Ch, Lab Serv Br (75) _ 

_ Ch, Operations Div (90)_ Ch, C'logic Br (76)_ 

Ch, Lab Br (91)_ _Ch, Pers & Tng Br (61)_ 

Ch, Machme Br (92)_ _Ch, Supply Br (62)_ 

Ch, Crypt Br (93)_ _Co, Arlington Hall (40)_ 

Ch, Int Cont Br (94)_ 

Ch, I & D Br (95)_ 

( ) Approval & Return ( ) Information & File 

( ) As Requested ( ) Recommendation 

( ) Concurrence or Comments ( ) Signature u approved 

( ) Information & Forwardmg ( ) Your action by 

( ) _I~ormatJ.on & Return ( ) Info upon which to base reply 

l~-~~,w4....~~ 

~ /u•-b-~=;.;} ~.A.. ..._ ...........,~ 4-,,, 

AS-}..~ 

pproved for Release by NSA on 02-25-2014 

ursuantto E.O. 13526 

8<>l:e: CONGRESS. 

ls-r SMSU>:N: 

REF ID:A39932 

s. 1019 

.\ 

IN THE SENATE. OF THE. UNITED STATES. 

APRIL 1 (legisliitive day, MARCH 24); 19.47 

Mr. GmlN;EY (by request) introduced the following bill; which was read twice 

and ·re~d to the Committee: on the. Judiciary. 

To insμr0: fu.rth.er th~ military security of t;Qe U nit~d States 'by., 

prrventing disclosures of information secured thro11gh official 

sources. . . . 

f ' ' . ,f . ! . I ', '): " 

1 Be it enacted by the Senate and House of Representa2 ti~ of the Unit~ States of America in Congress assembled, 

3 That whoever; by virtue of his employment by or perform-

,; I j ' , , •' ' . i/ . , ' • ·- 4 ance of services for the. United States or by virtue of his. 

5 ·employment by ~y person:, firm, or corporation performing \ . ' . . 

6 services for the tr nited States or by virtue of hi~ service in 

7 th~ armed forces of the United States, ha~: obutlned, or 

'· .. '. '\· . 

8 having had custody of, access to, .or knowledge;~{ ( i) any ' } . ' ' ~· f f '. ... ~ -• 

9 information concerning the nature; preparation, or use.of an:y 

- . . ' '~ . ' f'.t1 (l:.?il~ 

10 code, cipher? or cryptographic or c~yptanalytical sys~m Qf 
REF ID:A39932 

2 

1 the United States or any foreign government; or ( 2) any 

2 information concerning the design, construction, use, main3 tenance, or repair of any device, apparatus, or appliance 

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

5 any foreign government for cryptographic or cryptanalytic 

6 purpose; or ( 3) any message, document, writing, note, 

7 paper, or the contents or meaning thereof, which has been, 

8 or purports to have been, prepared or transmitted in or by 

9 the use of any code, cipher, or cryptographic system of the . 

10 United States or any foreign government; or ( 4) any in11 formation concerning the cryptographic or cryptanalytic 

12 activities of the United States or any foreign government; 

13 or ( 5) any information which has been or purports to have 

14 been derived from cryptanalysis of messages transmitted by 

15 the United States or any foreign government, shall willfully, 

16 without authorization by the head of the department or 

17 agency by which such person was employed or in which he 

18 performed services at .the time when he had _custody o~ or 

19 access to or obtained knowledge of the above-described in20 formation or materia1, or if such department or agency is 

21 no longer in existence, without joint authorization by the 

22 Secretary of State, .the Secretary. of War, and the Secretary 

23 of the Navy, communicate, furnish, or transmit to another 

24 or publish any such information or material, shall be fined 

25 not more than $10,000 or imprisoned not more than ten 
REF ID:A39932 

3 

1 years or both. Authorizations, as herein provided, shall be 

2 granted only in accordance . with regulations prescribed by 

3 the President. 

4 SEC. 2. Whoever, by virtue of his employment by or 

5 performance of services for any foreign government or by 

6 virtue of his service in the armed forces of any foreign govern7 ment, having obtained, or having had custody of, access to, 

8 or knowledge of ( 1) any information concerning the nature, 

9 preparation, or use' of any code, cipher, or cryptographic or 

10 cryptanalytical system of the United States; or { 2) any 

11 information concerning the design, construction, use, main12 tenance, or repair of any device, apparatus, or appliance used 

13 or prepared or planned for use by the United States for 

14 cryptographic or cryptanalytic purpose; or (3) any message, 

15 document, writing, note, paper, or the contents or meaning 

16 thereof, which has been,. or purports to have been, prepared 

17 or transmitted in or by the use of any code, cipher, or crypto18 graphic system of the United States; or ( 4) any information 

19 concerning the cryptographic or cryptanalytic activities of 

20 the United States; or ( 5) any information which has been or 

21 purports to have been derived from cryptanalysis of messages 

22 transmitted by 'the United States, shall willfully, without joint 

23 authorization by the Secretary of State, the Secretary of War, 

24 and the Secretary of the Navy communicate, furnish, or trans25 mit to another or publish any such information or material, 
REF ID:A39932 

4 

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

2 than ten years, or both. 

3 SEO. 3. The term "foreign government" as used herein 

4 includes any person or persons acting or purporting to 

5 act for or on behalf of any military or naval force, faction, 

6 party, department, agency, or bureau of or within a foreign 

7 country, or for or on behalf of any government or any 

s person or persons purporting to act as a government within 

9 a foreign country, whether or not such government is recog10 nized by the United States. 

11 SEO. 4. (a) The terms "code", "cipher", and "crypto12 graphic" as used herein include any secret writing, decep13 tfon, mechanical or electrical device, or other method used 

14 for the purpose of disguising or concealing the contents 

15 or the meaning of any communication. 

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

17 all methods of interception and all methods of obtaining 

18 information of the contents of cryptographic communication. 

19 SEO. 5. Nothing in this Act shall prohibit the furnish20 ing, upon lawful demand, of information to any regularly 

21 constituted committee of the Senate or House of Repre22 sentatives of the United States of America, or joint com23 mittee thereof. ' 
( 

80TH CONGRESS lST SESSION s. 1019 

A BILL 

To insure further the military security of the 

United States by preventing disclosures of 

information s-ecured through official sources. 

By Mr. GURNEY 

APBIL 1 (legislative day, MARCH 24), 1947 

Read twice and referred to the Committee on the 

Judiciary 
BOTH CONGRESS 

2D8ESSION 

REF ID:A39932 

• 

S.2680 

IN THE SENATE OF TH"E UNITED STATES 

MAY 17 (legislative day, MAY 10), 1948 

Mr. GURNEY introduced the following lti.11; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To enhance further the security of the United States by preventing disclosures of information concerning the cryptographic 

systems and the communication intelligence activities ~of 

the United States. .; ; . 

1 Be it enacted lry the Senate -and House of Representa2 tives of the United States of America in Congress assembl~d, 

3 That whoever shall communicate, furnish, transmit, or oth~r:- '·.· = 

4 wise make available to an unauthorized person, or publish, 

5 or use in any manner, prejudicial to the safecy or inter~st 

6 of the United States or for the benefit of any foreign gov7 ernment to the detriment of the United States· any classified 

8 information ( 1) concerning the nature, preparation, or ~e 

9 . .of any cod~, cipher, or cryptrographic syst~m of the Unit~~ 
REF ID:A39932 

-

2 

1 States or any foreign government; or ( 2) concerning the 

2 design, construction, use, maintenance, or repair of any 

3 device, apparatus, or appliance used or prepared or planned 

4 for use by the United States or any foreign government for 

5 cryptographic or communication intelligence purposes; or 

6 . ( 3) concerning the communication intelligence activities of 

7 the United States or any foreign government; or ( 4) 

8 obtained by the processes of communication intelligence from 

9 the communications of the United States or any foreign 

10 government, shall! be fined not more than $10,000 or 

11 imprisoned not more than ten years or both. 

12 SEC. 2. (a) The term "classified information" as used 

13 herein shall be construed to mean information which, at the 

14: time of a violation under this Act, is, for reasons of national 

15 security, specifically designated by a United States Govern16 ment agency for limited or restricted dissemination or dis17 tribution. 

18 (b) The terms "~ode", "cipher", and "cryptographic 

19 system" as used herein shall be construed to include in their 

20 meanings, in addition to their usual meanings, any method 

21 of secret writing and any mechanical or electrical device 

22 or method used for the purpose of disguising or concealing 

23 the contents, significance, or meanings of communications. 

The term "cryptographic purposes" as used herein is corre:--1 

( spondingly extended in the scope of its meaning. .-.J 
REF ID:A39932 

s 

1 ( c) The term "foreign government" as· used herein 

2 shall be construed to include in its meaning any person or 

3 persons acting or purporting to act for or on . behalf of 

4 any faction, party, department, agency, bureau, or military 

5 force of or within a foreign country, or .for or on heh~ 

6 of any government or any person or persons purporting to 

· 7 act as a government within a foreign country, whether or 

8 not such government is recognized by the United States. 

9 ( d) The term "communication· intelligence" as used 

10 herein shall he construed to mean all procedures and methods 

11 used in the interception of communications and the obtain12 ing of information from such communications by other than 

13 the· inrended recipients. {!he terms "communication intellir:t , . 

,L";I: of A gence activities • • • " an d H commumcat10n • • mte •. II' igence purposes :J' ~ ~tl~ 

15 as used herein shall be construed accordingly. -

16 ( e) The term "unauthorized person" as used herein 

17 shall be construed to mean any person who, or agency which, 

18 is not authorized to receive information of the categories 

19 set forth in section 1 of this .A.ct, by the President, or by 

20 the head of a department or agency of the United States 

21 Government which is expressly designated by the President 

22 to engage in communication intelligence actiVities for the 

23 United States. 

24 SEC. 3. Nothing in this .A.ct shall prohibit the furnish25 ing, upon lawful demand, of information to any regularly 
BOTH CONGRESS s. 2680 2DSJCsSION 

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0 

P=I ~ By Mr. GURNEY 

~ ·c 

Q;> Q;> 

MAY 17. (legislative day, MAY 10), 1948 ~ 

~ ~ Read twice and referred to the Committee on 

m '"S Armed Services 

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