REF ID:A40078 

.. ' • DRAFT • 

A BILL 

To insure fUI"ther the military security of the United 

States by preventing disclosures of classified information 

relating to cryptographic and cryp~analytic matters and of importance to the safety of the United States. 

Be it enacted by the Senate and House of Representatives 

of the United States of America in Congress assembled, That 

whoever having been given, or having obtained, or having had 

custody of, access to, or knowledge of (1) any officlally classified information concerning the natureJ preparation, or use 

of any code, cipher, or cryptographic or cryptanalytical system 

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

officially classified information concerning the design, construetion, use, maintenance, or repair of any device, apparatus, or 

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

or any foreign government for cryptographic or cryptanalytic purpose, 

or (3) the contents of any message prepared or transmitted in or 

by the use of any code, cipher, or cryptographic system of the 

United 

~~ ~~#«<11l..ufir ... , States or any foreign governmen~; or (4) any officially 

classified information concerning the cryptographic or cryptanalytic 

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REF ID:A40078 

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activities of the United States or any foreign government, or 

(5) any officially classified information which has been 

derived from cryptanalysis of messages transmitted by the 

,,,,,. oilunited States or any foreign government, sh.all (a) use the information or messages in a manner preJudicial to the safety or 

interests of the United States or for the benefit or any foreign / "f!/" ______ _ 

power td the detriment or the United States, or (b) retain any 

document or other matter or the categories described under items 

(1), (2), (3), (4), and (5) above, when he h.a.s 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 (c) fails to comply with 

all directives issued b~utliO~ith regard to the 

return or disposal thereof, or (d) fails to take reasonable care 

or, or so conducts himself as to~£'"nger the safety of any 

" 

document or other matter of the categories described under items 

(1), (2), (3), (4), and (5) above,L:ba.11 (1) in the case of matter 

officially classified "restricted", be fined not more th.an $1000 

or imprisoned not more tb.a.n two years or both, (ii) in the case 

of matter officially classified "confidential", be fined not more 

th.an $5000 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 

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than ten years or both. 

SEC 2 The release to the public 0£ any classified in- ,. 

£orm.ation or matter or the categories described under items 

rr-

(1), (2),A (3),-(4) 1 -and (5") 0£ Section 1 shall be in accordance 

with regulations prescribed by the President. ~ 

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8-ectlons }, 4, and 5-=::same-as ~resent similarly numbered 

•S\W:L:Lbhs._ 

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80th CONGRESS 

1st SESSION 

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REF ID:A40078 

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s. 1019 

IN THE SENATE OF THE UNITED STATES 

April 1 (Legislative day, March 24), 1947 

Mr. GUJ.~ney (by request) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To insure further the military security of the United 

States by preventing disclosures of information secured through 

official sources. 

Be it enacted by the Senate and House of Representatives 

of the United States of America in Congress assembled, That 

whoever, by virtue of his employment by or performance of 

services for the United States or by virtue of his employment 

by any person, firm, or corporation performing services for 

the United States or by virtue of his service in the armed 

forces of the United States, having obtained, or having had 

custody of, access to, or knowledge of (1) any information 

concerning the nature, preparation, or use of any code, cipher, 

or cryptographic or cryptanalytical system of the United 

States or any foreign government; or (2) any information concerning the design, construction, use, maintenance, or repair 

of any device, apparatus, or appliance used or prepared or 

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REF ID:A40078 

planned for use by the United States or any foreign government 

for cryptographic or cryptanalytic purpose, or (3) any message, 

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

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

or transmitted in or by the use of any code, cipher, or cryptographic system of the United States or any foreign government, 

or (4) any inf'ormation concerning the cryptographic or cryptanalytic activities of the United States or any foreign government, or (5) any information which has been or purports to 

have been derived from cryptanalysis of messages transmitted 

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

without authorization by the head of the department or agency 

by which such person was employed or in which he performed 

services at the time when he had custody of or access to or 

obtained knowledge of the above-described information or 

material, or if such department or agency is no loneer in 

existence, without Joint authorization by the Secretary of 

State, the Secretary of ~ar, and the Secretary of the Navy, 

e communicat~mx, furnish, or transmit to another or publish any 

such information or material, shall be fined not more than 

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

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Authorizations, as herein provided, shall be granted only in 

accordance with regulations prescribed by the President. 

SEC. 2. Whoever, by virtue of his employment by or perf ormance of services for any foreign government or by virtue 

of his service in the armed forces of any foreign government, 

havins obtained, or having had custody of, access to, or 

knowledge of (1) any information concerning the nature, preparation, or use of any code, cipher, or cryptographic or 

cryptanalyt1cal system of the United States, or (2) any information concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used 

or prepared or planned for use by the United States for cryptographic or cryptanalytic purpose, or (3) any message, document, 

writing, note, paper, or the contents or meaning thereof, 

which has been, or purports to have been, prepared or transmitted in or by the use of any code, cipher, or cryptographic 

system of the United States, or (4) any information concerning 

the cryptographic or cryptanalytic activities of the United 

States, or (5) any information which has been or purports to 

have been derived from cryptanalysis of messages transmitted 

by the United States, shall willfully, without Joint ~l:ltkamx 

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

and the Secretary of the Navy communicate, furnish, or transmit to another or publish any such information or material, 

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

than ten years, or both. 

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

includes any person or persons actint; or purporting to act for 

or on behalf of any military or naval force, faction, party, 

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

or for or on behalf of any government or any person or persons 

purporting to act as a government within a foreign country, 

whether or not such government is recognized by the United 

States. 

SEC. 4. (a) The terms "code 11 , "cipher", and "cryptographic" 

as used herein include any secret writing, deception, mechanical 

or electrical device, or other method used for the purpose of 

disguisine or concealing the contents or the meaning of any 

communication. 

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

methods of interception and all methods of obtaining information of the contents of cryptographic communication. 

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SEC. 5. Nothing in this Act sh.all prohibit the furnishi~ 

upon lawful demand, of information to any regularly constituted 

committee of the Senate or House of Representatives of the 

United States or America, or Joint committee thereof. 

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