REF ID:A39959 

~ .c 0 p y 

SECRET . TO 

CONFIDEN~L 

DATE 30 July 1947 

FROM TO 

RESTRICTED 

FROM 

_Chief, ASA (10)_ 

Executive 0 (11) _ 

_ Co'rJomtOper (12)_ 

_ Deputy Chief, ASA (20)_ 

Ch, Comm Res Sec (14)_JL 

Ch, Hist Unit (13)_ 

Ch, Pers Sec (21)_ 

Ch, Org & Tng Sec (22)_ 

X Ch, Plans & Oper (23)_ 

Ch, Materiel Sec (24)_ 

Ch, Fiscal Sec (25)_ 

Ad3utant, ASA (26)_ 

Ch, Sec Cont Sec (27)_ 

_ Ch, Operations Div (90)_ 

Ch, Lab Br (91)_ 

Ch, Machine Br (92)_ 

Ch, Crypt Br (93)_ 

Ch, Int Cont Br (94)_ 

Ch, I & D Br (95)_ 

( ) Approval & Return 

( ) As Requested 

( ) Concurrence or Comments 

( ) Information & Forwarding 

( ) Information & Return 

Tech Staff (96) _ 

_ Ch, Security Div (80)_ 

Tech Staff (81) _ 

Ch, Materiel Br (82)_ 

_ Ch, Methods Br (83)_ 

_ Ch, Protective Br (84)_ 

_ Ch, Mamt Br (85)_ 

_ Ch, Res Lab Div (70)_ 

Tech Staff (71)_ 

Ch, Ch Ciph&C1fBr(72)_ 

Ch, Int Equip Br (73)_ 

Ch, Elec & Elec Br (74)_ 

Ch, Lab Serv Br (75) _ 

Ch, C'logic Br (76) _ 

_ Ch, Pers & Tng Br (61)_ 

_Ch, Supply Br (62)_ 

_Co, Arlington Hall (40)_ 

( ) Information & File 

( ) Recommendation 

( ) Signature Jf approved 

( ) Your action by 

( ) Info upon which to base reply 

1. As you requested I have modified my draft 

of 28 April 1947 as per the attached. 

2. Please note the following: 

a. That the new matter is offered as 

proposed additional sections to Title I, Act of 

June 15. 1917 (the so-called "Espionage Act"). 

Th1s waula call f'o:P mepe amendment to existing 

law rather than the m~sai~llll\ creation of brand CSGAS 96 (Rev 12) 16 Apr 47 47938 

@'pproved for Release by NSA on 02-25-2014 pursuantto E.O. 1352a 
REF ID:A39959 

new legislation. I think this path might be 

easier. 

b. Tha.t such words as code, cipher, cryptography, cryptanalysis, messages, etc., do 

not appear therein at all but the test is of 

such a general character as to be applicable 

to anything of cryptologic nature. 

c. That I have attempted to cover leakages from or by people not 1n the Government 

service--but who in one manner or another manage 

to obtain classified information and then 

publish it or broadcast it. -- "Columnists", 

etc. 

d. That I still feel it desirable to 

make the punishment fit the crime--by grading the penalties according to the classification. 

e. That it is proposed that the rules 

governing classification and de-classification 

be prescribed by the President. This might help ward off allegations of attempts by 

the military to abridge freedom of press and 

speech. 

W.F.F. 
REF ID:A39959 

• 

Failing to safeguard information affecting national 

defense -(a) Whoever in the course of his official duties has 

bad custody of J access toJ or knowledge of any United States 

Government officially classified materialJ vizJ any informationJ 

documentJ writingJ sketchJ photographJ photographic negative, 

blue print, planJ map, model, noteJ instrument, applianceJ 

apparatus, device, or machine affecting or employed in the 

national defense; and (b) whoever in the course of his official 

duties has had custody of J access to, or knowledge of similar 

material which pertains to or is used by any foreign government 

and which has been obtained and officially classified by any 

intelligence agency of the United States GovernmentJ (1) discloses 

or delivers any such officially classified material to any 

person not authorized to have it, or (2) uses such officially 

classified'material in a manner preJudicial to the safety or 

interests of the United StatesJ or (3) retains such officially 

classified material when he has no right to retain it or when 

• it is contrary to the safety or interests of the United States 

for him to retain it, or (4) fails to comply with all directives I 

issued by lawful authority with regard to the return or disposal 

of such officially classifed material, or (5) fails to take 

reasonable care of J or so conducts himself as to endanger the 

safety of such officially classified matterJ shall (1) in the 

case of matter officially classified "restr:lcted"J be fined 

not more th.an $1000 or imprisoned not more than two years or 

both; (ii) in the case, of matter officially classified 

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REF ID:A39959 

• 

e "confidential," be fined not more than $5000 or imprisoned 

not more than five years or both; and (iii) in the case of 

matter officially classified "secret" or higher, be fined not 

more th.an $10,000 or imprisoned not more than ten years or .. 

both. 

SEC. 2-0n a prosecution under Sec. l of this Act, it 

sh.all not be necessary to show th.at the accused person willfully 

violated any provisions thereof, and notwithstanding that no 

such willful violation is proved against him, he may be convicted if, from the proved circumstances of the case, or his 

proved conduct, it appears that he was grossly negligent in 

conforming to its provisions. 

SEC. 3.-Whoever obtains or receives any officially classified material of the nature of that described in Sec. l of 

this Act, knowing, or having reasonable ground to believe, at 

the time when he obtains or receives it, that such material is 

obtained by or is given to him in contravention of Sec. l of 

this Act, and having so obtained or received the classified 

matter uses it in a manner preJudicial to the safety or interests 

of the United States or for the benefit of any foreign power 

to the detriment of the United States, shall (i) in the case 

of matter of.ficially classified "restricted," be fined not 

more than $1000 or imprisoned not more than two years or both, 

(ii) in the case of matter officially classified "confidential," 

be fined not more than $~000 or imprisoned not more th.an five 

years or both; and (iii) in the case of matter officially 

classified "secret" or higher, be fined not more than $10,000 

or imprisoned not more than ten years or both. 

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REF ID:A39959 

• 

• • 

SEC. 4.-Regulations governing the classification, reclassification, and de-classification of material or the nature 

of that described in Sec. 1 of this Act shall be prescribed 

by the President. 

3