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79TH CONGRESS 

1.ST SESSION 

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• 

S.805 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 1945 

Referred to the Co~ittee on the Judiciary 

AN ACT 

To insure 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 House of Representa2 tives of the United States of America in Congress assembled, 

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

5 employment by any person, firm, or corporation perform6 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 ( l) 

9 any information concerning the nature, preparation, or use Of 

10 any code, cipher, or cryptographic or cryptanalytfoal syst-ein 
REF ID:A40119 

• • 

2 

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

2 any information concerning the design, construction, use, 

3 maintenance, or repair ~f any device, apparatus, or ,appliance 

4 used or prepared or planned . for use by the United . ~tates 

5 or any foreign government for cryptographic or cryptanalytic 

6 purpose, or ( 3) any materjal which has been, or purports to 

7 h~ve ·been, prepared or transmitted in or by the ·use of any 

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

9 or any foreign government: or ( 4) any information con10 cerning the cryptographic or cryptanalytic' activities of the 

11 United States or any foreign government,,or (5) any-infor12 mation which has been or purports to have been derived from 

13 cryptanalysis of messages transmitted by the United States 

. 14 or any foreign government, shall willfully, without authoriza-

----. 

15 tion by the head of the department or agency by which such 

16 · .person was employed or in which he performed services at the 

17 time when he had custody of or access to or obtained knowl18 edge of the above-described _information or material, coin19 municate, furnish, or transmit to another or publish any such 

- 20 information or material, shall be fined not more than $10,000: 

21 or imprisoned not more than ten years, or ~oth. Authoriza22 tions, as herein provided, shall be granted only in accord8llce 

23 with regulations prescribed by the President. 

·24 ... · SEO. 2. 'Vhoever, by virtue of his employment by .. or 

25 performance of services for any foreign government or by 
REF ID:A40119 

• • ., s 

1 virtue of his service in the armed forces of any foreign gov2 ernment, having obtained, or having had custody of, access 

3 · to, or knowledge of ( 1) any information concerning the 

4 nature, preparation, or use of any code, cipher, or crypto5 graphic or cryptanalytical system of the United States, or 

6 (2) any information concerning the design~ construction, 

7 use, maintenance, or repair of any. device, apparatus, or 

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

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

10 any material which has been, or purports to have been, pre11 pared or transmitted in or by the use of any code, cipher, or 

12 cryptographic system of the .U nitcd States, or ( 4) any in13 formation concermng the cryptographic or cryptanalytic 

14 activities of the United States, or ( 5) any information which 

15 has been or purports to have been derived from cryptanalysis 

16 of messages transmitted by the United States, shall willfu1ly, 

17 without joint authorization by the Secretary of State, the 

18 Secretary of 'Var, and the- Secretary of the Navy communi19 · . cate, furnish, or transmit to another or publish any such in20 formation or material, shall be fined not more than $10,000, 

21 or imprisoned not more than ten years, or both. 

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

23 includes any person or persons acting or purporting to act 

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

25 department, agency, or bureau of or 'vithin a foreign country, 
REF ID:A40119 

• • 

4 

1 · or for or on behali of any government or any person or 

2 . persons purporting to act· as a government within a foreign 

3 · country, whether or not ~uch government is recognized by 

·-

·4 · the United States. 

5 SEC. 4. (a) The terms "code", "cipher", and "cryp6 tographic"· as used herein include any secret writing, decep7 tion; mechanical or electrical device, or other method used 

8 for the purpose of disguising or concealing the meaning of 

9 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. 

13 SEC. 5. Nothing in this Act shall prohibit the furnishing, 

14 upon lawful demand, of information to any regularly con~ 

15 stituted committee of the Senate or House of Representatives 

16 of the United States of America. 

Passed the Senate June 21, 1945. 

Attest: LESLIE L. BIFFLE, 

SecreW.ry. 
79TH CONGRESS 

lST SESSION S.805 

AN ACT 

To insure further the militiary security of the 

United States by preventing disclosures of 

information secured through official sources. 

JUNE 22, 1945 

Referred to the Committee on the Judiciary