C. Information originated by a foreign government.-Information of a classified nature (other than captured enemy documents) originated by a foreign government shall be placed in a classification category which will assure a degree of protection equivalent to or greater than that required by the classification assigned by the originating government.

D. Documents in general. Subject to the provisions of "A," "B," and "C" above, documents shall be classified according to their own content and not necessarily according to their relationship to other documents.

E. Physically connected documents.-The classification of a file or group of physically connected documents shall be that of the most highly classified document therein. Documents separated from the file or group will be handled in accordance with their individual classification.

F. Multiple classifications.-A document, product, or substance will bear a classification at least as high as that of any of its components. Pages, paragraphs, sections, or components may bear different classifications, but the document, product, or substance will bear only one over-all classification.

G. References to classified material (except telegrams) which do not reveal classified information should not be classified.

H. A letter of transmittal shall be given the highest classification carried by any of its enclosures unless the letter of transmittal contains information warranting a higher classification.

31. Upgrading.-A. If the recipient of information believes that its assigned classification is not sufficiently protective, he shall safeguard it in accordance with the classification he deems appropriate and shall bring his reasons for such belief to the attention of appropriate classifying authority with a request for upgrading. B. When information is upgraded, the appropriate classifying authority shall so notify all recipients of the information.

32. Declassification and downgrading-A. Automatic.-Wherever practicable, the classifying official will place a notation on classified material, except telegrams, that after a specified event or date the classification will be reduced or canceled.

B. Nonautomatic.-Except in the case of telegrams, appropriate classifying authority may cancel or lower the classification of information when circumstances no longer warrant its retention in its original classification. When material is declassified or downgraded, the custodian of the record copy, in the case of a document, or the custodian of the products or substances shall be so informed; and, when practicable, the other recipients of the material shall be similarly advised.

C. Review of assigned classifications.-It is the responsibility and obligation of every Government official to keep classified information in his custody constantly under review and to initiate action toward downgrading or declassification as soon as conditions warrant.

SECTION IV. DISSEMINATION OF CLASSIFIED INFORMATION

33. General.-No person is entitled solely by virtue of his office or position to knowledge or possession of classified information. Such information shall be entrusted only to those individuals whose official Government duties require such knowledge or possession.

The safeguarding of classified information is the responsibility of every individual to whom entrusted.

Care must be exercised at all times not only to refrain from discussing classified information with or in the presence of unauthorized personnel but also to prevent inspection of or access to classified information by unauthorized personnel.

The head of each agency should provide a system for the control of the dissemination of classified information adequate to the needs of his agency.

34. Limitations on dissemination-A. Within the executive branch.-(1) Top secret: The dissemination of top secret information shall be held to the absolute minimum. Only that portion of top secret information necessary to the proper planning and appropriate action of any organizational unit or individual will be released to such unit or individual.

(2) Secret, confidential, and restricted: The dissemination of secret, confidential, and restricted information shall be limited to personnel whose official Government duties require knowledge of such information.

B. Information originating in another agency. Except as otherwise provided by section 102 (d) of the National Security Act of 1947, classified information originating in another agency shall not be disseminated outside the receiving agency without the consent of the originating agency.

C. Dissemination outside the executive branch.-Classified information shall not be released for dissemination outside the executive branch by any person or agency having access thereto or knowledge thereof except under conditions and through channels authorized by the head of the releasing agency, even though such person or agency may have been solely or partly responsible for its production. D. Telephone conversations.-Information classified higher than restricted shall not be discussed over the telephone. In addition, restricted telegrams discussed over the telephone must be paraphrased unless the notation "Paraphrase not required" appears on the telegram. It is permissible to make references by telephone to material in the higher categories if such references do not, in the course of the conversation, reveal the substance of those portions of material under discussion which are so classified. Reference to file numbers, dates, and subject (provided the subject itself is not classified higher than restricted) may be made over the telephone, but great care must be exercised not to reveal substantive matter classified higher than restricted.

35. Loss or subjection to compromise.-Any employee of the executive branch who may have knowledge of the loss or possible subjection to compromise of classified information shall promptly report the circumstances to the security officer of his agency, who will take appropriate action, including advice to the originating office or agency.

SECTION V. RULES GOVERNING HANDLING OF CLASSIFIED MATERIAL

(Including marking, transmission, storage, and destruction.)

36. Marking. After determination of the classification to be assigned, classified material shall be marked in accordance with the procedures set forth below. Existing top secret or secret material not presently so marked shall be appropriately marked. Existing confidential or restricted material, adequately stored but not properly marked, need not be marked until removed from such storage for use.

A. Documents.—(1) Bound documents: The assigned classification on bound documents, such as books or pamphlets, the pages of which are permanently and securely fastened together, shall be conspicuously marked or stamped on the outside of the front cover, on the title page, on the first page, on the back page, and on the outside of the back cover.

(2) Unbound documents: The assigned classification on unbound documents, such as letters, memoranda, reports, telegrams, and other similar documents, the pages of which are not permanently and securely fastened together, shall be conspicuously marked or stamped at the top and bottom of each page, in such manner that the marking will be clearly visible when the pages are clipped or stapled together.

(3) Charts, maps, and drawings: Classified charts, maps. and drawings shall carry the classification marking under the legend, title block, or scale in such manner that it will be reproduced on all copies made therefrom.

(4) Photographs, films, and recordings: Classified photographs, films, and recordings, and their containers, shall be conspicuously and appropriately marked with the assigned classification.

B. Products or substances.-The assigned classification shall be conspicuously marked on classified products or substances, on their containers, or, if the article or container cannot be marked, written notification of the assigned classification shall be furnished to recipients thereof.

C. Additional markings.-(1) Top secret and secret documents: In addition to the assigned classification marking or stamp, the originating agency's record copy of top secret and secret documents shall bear such appropriate indication of the authority for the classification, the identity of the classifying officer, and the date of classification as the head of the agency may prescribe. Further, the record copy of a top secret document shall carry the signature or initials of the classifying officer, and the prescribed notation shall appear on all copies thereof.

(2) Material furnished persons not in Federal service: When classified material which contains information affecting the national defense is furnished authorized persons other than those in the Federal service, the following notation, in addition to the assigned classification marking, shall be placed on the material, on its container, or on the written notification of its assigned classification:

"This material contains information affecting the national defense of the United States within the meaning of the Espionage Act (50 U. S. C. 31 and 32), as amended, the transmission or revelation of which in any manner to an unauthorized person is prohibited by law."

(3) Down graded, declassified, or up graded material: When the classification of material is changed by proper authority the classification marking will be marked out and a notation made as follows: "Classification canceled or changed to by authority of (official authorized to change), date, by position of person making the change)."

(name and

The above notation will be made on the first page of unbound documents or on the cover, title page, or first page of a bound document.

37. Transmission-A. Preparation of classified information for transmission.— (1) Outside an agency:

(a) Top secret and secret material: (i) Top secret or secret material shall be enclosed in opaque inner and outer covers.

(ii) The inner cover shall be a sealed wrapper or envelope plainly marked with the assigned classification and address.

(iii) The outer cover shall be sealed and addressed with no indication of the classification.

(iv) There shall be attached to or enclosed in the inner cover a receipt form containing no classified information but identifying the addressor, addressee, and the document; such receipt will be signed by the proper recipient and returned to the sender.

(v) Written material will be protected from direct contact with the inner cover by a cover sheet or by folding inward.

(b) Confidential material: (i) Confidential material shall be prepared for transmission in the same manner as that indicated for top secret and secret material, except that it will be covered by a receipt only when the sender deems it necessary.

(ii) When the head of an agency determines that the volume of confidential personnel documents to be transmitted outside his agency is so great that the use of double covers would create an unreasonable operational burden and entail prohibitive cost, he may permit transmission of such material in a single sealed envelope or wrapper. In such cases, no indication of the assigned classification will be shown on the envelope or wrapper.

(c) Restricted material: (i) Restricted material shall be transmitted in a sealed wrapper or envelope.

(ii) No receipt is required for restricted material.

(2) Within an agency: Preparation of classified information for transmission within an agency will be governed by regulations issued by the head of the agency to insure a degree of security equivalent to that outlined above for transmission outside an agency.

B. Transmission of classified material.—(1) Top secret material:

(a) The head of each agency, or his duly authorized representative, shall designate, and maintain control lists of persons within that agency who are authorized to receive top secret material.

(b) The head of each agency shall also designate top secret control officers who will maintain registers of top secret material received or disseminated by that agency.

(c) The transmission of top secret information will be effected by direct contact wherever practicable, by specifically designated personnel or by a messenger-courier system especially cleared for that purpose by the head of the agency.

(d) It is mandatory that transmission and custody of top secret material be covered by a receipt system.

(e) Under no circumstances will top secret material be transmitted by mail. (2) Secret material shall be delivered by one of the means established for top secret material, by a messenger system specifically authorized for the purpose by the head of the agency, by registered mail within the continental United States and to and from United States Government installations in Canada, or by registered United States mail through Army or Navy postal facilities outside the continental United States, provided the material does not pass through a foreign postal system.

(3) Confidential material shall be delivered by one of the means established for top secret or secret material, or by ordinary mail within the continental United States when in the opinion of the forwarding agency no serious consequences would be entailed by its loss provided, however, that whenever single envelopes or wrappers are used as permitted in paragraph 37A (1) (b) (ii) transmission shall be by registered mail.

(4) Restricted material shall be delivered by any means authorized for higher categories of classified material, or by ordinary mail within the continental United

States, or by registered mail to and from United States Government installations in Alaska through the Canadian postal system.

38. Physical security.-A. Storage facilities.-Classified material not in actual use by or under direct observation of an authorized person in the same room shall be stored as set forth below:

(1) Top secret material will be stored in locked metal three-way combination safes or metal three-way combination file cabinets, or in a room protected by an armed guard or an electrical alarm system or in other facilities of comparable security specifically approved by the head of the agency concerned.

(2) Secret and confidential material will be stored in a manner authorized for top secret material, or in metal file cabinets equipped with a steel lockbar and combination padlock, or in comparably secure facilities approved by the head of the agency, or, in the case of confidential personnel documents, in locked metal cabinets.

(3) Restricted material will be stored in a manner authorized for higher categories of classified material or in any container equipped with a reasonably secure locking device or other storage facility of comparable security approved by the head of the agency.

B. Inspections. (1) It is the responsibility of the official charged with the custody of classified material to accomplish the necessary inspections within his area to insure that all security precautions are taken to protect such information at all times.

(2) In each agency, officials shall be designated to make inspections on a room or area basis to insure that all classified material has been properly and safely stored.

(3) The head of each agency shall prescribe procedures whereby appropriate identification of the individual responsible for the contents of each container of classified material will be readily available.

C. Safe combinations.—(1) Safe combinations will be changed at least once a year; whenever a person knowing the combination is transferred from the office to which the safe is assigned; when a safe is first brought into an office; and at such other times as deemed necessary.

(2) Knowledge of combinations should be limited to the minimum necessary for operating purposes.

(3) Safe combinations shall be given a classification equivalent to that of the most highly classified material authorized by these regulations to be contained in the safe.

39. Destruction of classified material.-A. Types of material which may be destroyed. (1) Record material may be destroyed only upon specific authorization by Congress. Requests for such authorization must be submitted to National Archives through channels established in each agency.

(2) Nonrecord material may be destroyed as soon as it has served its purpose. B. Methods of destruction.-Classified record material, the destruction of which has been authorized, and classified nonrecord material will be destroyed by the following methods under procedures established by the head of the agency.

(1) Top secret, secret, and confidential documents will be destroyed by burning; products and substances by an equally complete method of destruction; in each case in the presence of an appropriate official. Under the most unusual circumstances outside the continental United States, the head of an agency may authorize destruction of documents other than by burning, provided the resulting destruction is equally complete.

(2) Restricted material will be destroyed by burning, shredding, or reduction to pulp, or an equally complete method of destruction.

C. Certificates of destruction.-A signed certificate indicating date of destruction and specifically identifying the material will be executed and signed by both the destroying and witnessing officials in the case of all top secret and secret material.

Mr. ROBINSON. That is the final draft of this committee, sir.
The Chairman. Up to this date?

Mr. ROBINSON. That is right.

The CHAIRMAN. Is this so-called final draft subject to approval or disapproval?

Mr. ROBINSON. Yes.

The CHAIRMAN. By whom, and who can disapprove or revise it?

Mr. ROBINSON. Anybody whose hands it may pass, between now and the time the President signs it.

The CHAIRMAN. Whose hands would it pass through, formally?

Mr. ROBINSON. Well, sir, as I just indicated on the record, it has gone through the hands of the State, War, and Navy Coordinating Committee, and it will go to the Bureau of the Budget, and the Bureau of the Budget may quite well get the opinion of the Attorney General, and what other clearances it may decide to get, I do not know.

Mr. BENDER. I think it would be well to have both in evidence, to see what happened before and after.

The CHAIRMAN. They are in.

You do not mean that any suggestions that were made by the Bureau of the Budget or any other agency would, as a matter of course, be incorporated?

Mr. ROBINSON. I do not know.

The CHAIRMAN. Who would finally pass on it, then?

Mr. ROBINSON. I guess the White House.

Mr. BENDER. Was this submitted to any of the agencies?

Mr. ROBINSON. Yes, the document that you have there was submitted.

Mr. BENDER. I wonder if it was submitted to the FBI?

Mr. ROBINSON. It was submitted to the Department of Justice. Mr. BENDER. But not to the FBI?

Mr. ROBINSON. The FBI is part of the Department of Justice. Mr. BENDER. Do you not think the FBI is important enough an agency to submit a document of this kind to them?

Mr. ROBINSON. I think we submitted it to the heads of all of the departments.

Mr. BENDER. How many agencies did you submit it to?

Mr. ROBINSON. It was fifty-some agencies.

Mr. BENDER. Some of these agencies are in the various departments; are they not?

Mr. ROBINSON. No, sir; they are all separate.

Mr. BENDER. They are all independent agencies; is that correct? Mr. ROBINSON. May I read again the language here? It says:

will become binding upon all departments and agencies of the executive branch. It was sent to all departments and agencies of the executive branch, as provided in here.

Mr. BENDER. The FBI is not one of those agencies?

Mr. ROBINSON. It is a part of the Department of Justice.

Mr. KARSTEN. A copy to the Attorney General would certainly find its way to the FBI, would it not?

Mr. BENDER. Not necessarily.

Mr. ROBINSON. That is a matter over which I have no control. Mr. KARSTEN. If you were to do it in one case, you would have to send it to the Bureau of Internal Revenue, and the various other agencies in the executive department.

Mr. BENDER. It is your policy not to submit any of your matters to the FBI at any time?

Mr. ROBINSON. No, sir. I don't think the question has arisen, but it would not be our policy not to submit them to the FBI. Actually, the FBI was right in the whole discussion of this commission on employee loyalty.