-__...,.,- - - -----=--- _REF ID:A39926 . .k " • I 

4 

SECRET 

TO 

CONFID .. IAL 

DATE ;io July 1947 

FROM TO 

f 

RESTRICTED 

FROM 

__ Chief, ASA 

Executive 0 

_ Co'r Jomt Oper 

__ Deputy Chief, ASA 

Dll", Comm Res 

Ch, Pers Sec 

Ch, Org & Tng Sec 

X Ch, Plans & Oper 

Ch, Materiel Sec 

Ch, FIScal Sec 

AdJutant, ASA 

Ch, Sec Cont Sec __ Ch, Operations Div 

Ch, Lab Br 

( 

( 

Ch, Machme Br 

Ch, Crypt Br 

Ch, Int Cont Br 

Ch, I & D Br 

Tech Staff 

) Approval & Return 

) As Requested 

(10)_ 

(11)_ 

(12)_ 

(20)_ 

(14)_x_ 

(21)_ 

(22)_ 

(23)_ 

(24)_ 

(25)_ 

(26)_ 

(27)_ 

(90)_ 

(91)_ 

(92)_ 

(93)_ 

(94)_ 

(95)_ 

(96)_ 

( ) Concurrence or Comments 

( ) Information & Forwarding 

( ) Information & Return 

1 As you requested I 

__ 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 & Dev Div (70) __ 

Tech Staff (71) __ 

Ch, Ch Ciph & Cif Br(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)_ 

( ) Inf ormat10n & Fiie 

( ) Recommendation 

( ) Signature if approved 

( ) Your action by 

( ) Info upon which to base reply 

have modified my draft 

of 28 April 1947 as per the attached. 

2. Please note the folluwing. 

a. That the new matter is offered as 

proposed additional sections to Title I, Act of 

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

This would call for mere amendment to existing 

law rather than the creation of brand new 

WDGAs FORM No 96CR•v 11> 31oct46 44412 pp roved for Release by NSA on 

2-25-2014 ursuantto E.O. 1352 
____ REF_ ID:A39926 

legislation. I think this path might be 

easier . 

b. That such words as code, cipher, 

cryptography, cryptanalysis, messages, etc., do 

not appear therein at all but the text 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 in 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 m~litary to abridge freedom of press and 

speech. 

.,. " r • -
' . REF ID:A39926 I I'\ 

I \'ft 

r -:""' - ~ rl (1.J-i.J!t-.. 

,_.. ("': ~ ':=-:t~ f..J I-': f ,. r~ 

~ Failing to safeguard information affecting national 

• 

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

"f\ 5 

had custody of, access to, or knowledge of any United States 

Government officially classified material, viz, any information, I 

document, writing, sketch, photograph, photographic negative, 

blue print, plan, map, model, note, instrument, appliance, 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, access to, or knowledge of similar material 

which pertains to or i~ used by any foreign government and which 

and 

has been obtained/officially classified by anyTID.telligenc~ 

d~ ~..0-"\.-~ \~ ~...., /:l<.t....R,., ~~o.':l... agency of the United States Goverrlrnent, (1) discloses or delivers 

f\ 

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 

States, or (3) retains such officially classified material ~hen 

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 issued by lawful authority 

with regard to the return or disposal of such officially classifiea material, or (5) fails to take reasonable care of, or so 

conducts himself as to endanger the safetJ of such officially 

classified matter, shall (1) in the case of 1!18.tter officially 

classified 11 restricted 11 , be fined not more than $1000 or imprisoned not more than two years or both, (ii) in the case or~matter 

• 

officially classified "conf'idential", be fined not more than 

$5000 or imprisoned not more than five years o~ both, and (iii) 

in the case of matter officiall~- classified 11 secret" or higher, 

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

years or both. 

- ___ , 
• 

BEE...._ID..: A3 9 92 6 

0 I • i'l~ 

SEC.~-On a prosecution under Sec. 1 of this Act 1 it 

shall not be necessary to show that the accused person willfully 

violated any provisions thereof 1 and notwithstanding that no 

such willful violation is proved against him1 he may be convicted if 1 from the proved circumstances of the case 1 or his 

proved conduct 1 it appears that he was grossly negligent in 

conforming to its provisions. 

SEC.~-Whoever obtains or receives any officially classified material of the nature of that described in Sec. 1 of this 

Act 1 knowing 1 or having reasonable ground to believe 1 at the 

time when he obtains or receives it 1 that such material is 

obtained by or is given to him in contravention of Sec. 1 of this 

Act 1 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 1 shall (i) in the case of 

matter officially classified "restricted11

1 be fined not more 

than $1000 or imprisoned not more th.an two years or both1 (ii) 

in the case or matter officially classified "confidential"1 be 

fined not more than $5000 or imprisoned not more than five 

years or both1 and (iii) in the case of matter officially classified "secret" or higher 1 be fined not more th.an $10 1 000 or imprisoned not_}llore than ten years or both. 

'l "te'6 

SEC. }¥.-Regulations governing the classification1 re-

~ssification1 and de-classification of material of the nature 

1'( 15" of th.at described in Sec.~l of this Act shall be prescribed by 

the President. 

I