any way with their regularly assigned duties. Such activity will not be conducted during normal working hours, or accomplished with the use of Department of Defense facilities, or personnel. Such writers will be on an exact parity with outside professional writers with respect to accessibility and use of technical or other information for manuscripts or articles written for publication.

V. IMPLEMENTATION

It is requested that the Secretaries of the military departments issue such supplementary guidelines implementing this directive as they consider necessary or appropriate to accomplish the purposes hereof.

It is recognized that certain types of information-for example, information released by local commands not having overriding national-defense policy impiications cannot be cleared in full compliance with the requirements of this directive. To provide adequate leeway in such cases it is appropriate for the Secre tary of any military department to submit to the Secretary of Defense for approval supplemental general instructions governing the clearance of such matters.

VI. RESPONSIBILITY

All personnel shall assume personal responsibility for their speeches, articles and information releases being consistent with the national security and the policies and objectives of the Department of Defense.

VII. RELATIONSHIP TO OTHER DIRECTIVES

All other directives or memoranda or parts thereof to the extent they are inconsistent with the provisions of this directive are modified accordingly or rescinded as appropriate.

VIII. EFFECTIVE DATE

This directive is effective immediately.

C. E. WILSON, Secretary of Defense.

EXHIBIT II

1 June 1954 NUMBER 5200.6

DEPARTMENT OF DEFENSE DIRECTIVE

Subject: Policy Governing the Custody, Use, and Preservation of Department of Defense Official Information Not Within the Purview of Executive Order No. 10501

References:

(a) Revised Statutes, sec. 161 (5 U. S. C. 22).

(b) Sec. 3 of the act of June 11, 1946 (60 Stat. 238; 5 U. S. C. 1002). (c) Sec. 1 of the act of June 25, 1948 (62 Stat. 791; 18 U. S. C. 1905).

1. PURPOSE

A. Pursuant to statutory requirements, to assure the proper custody, preservation, and use of official information which requires protection in the public interest, but which is not within the purview of Executive Order No. 10501.

B. To authorize the use of the term "For Official Use Only" within the Department of Defense for identifying this type of official information.

C. To avoid arbitrary and unreasonable withholding of such information, but to assure that official information not within the purview of Executive Order No. 10501 is released only by authorities who are competent to determine whether release is prejudicial to the public interest.

II. BACKGROUND

A. Records and files of an executive agency of the Government, in the absence of specific statutory restriction, are generally subject to the right of inspection by persons having a legitimate interest in such records and files. The principal exception to the general rule concerning the right of inspection provides that the

use of official records may be subjected to appropriate restrictions when the head of the agency deems such restrictions are required in the public interest.

B. The authority for imposing restrictions on the use of public records is derived primarily from reference (a) which permits the head of a department to issue regulations, not inconsistent with law, governing the custody, preservation, and use of the records of his department. Reference (b) provides generally that, except for (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency, the records of an agency of the Government shall be made available to persons properly and directly concerned, except information "held confidential for good cause found." Reference (c) provides for penalties for disclosure of official information which would be in violation of law.

III. POLICY

A. 1. All documents, material, technical information, or any other information relating to the operations and activities of the Department of Defense are considered official information.

2. That official information which requires protection in the interests of national defense is so protected under the provisions of Executive Order 10501, dated 5 November 1953, "Safeguarding Official Information in the Interests of the Defense of the United States," and implementing Department of Defense Directives Number 5200.1, dated 19 November 1953, and Number 5200.3, dated 21 December 1953.

3. Certain other official information, not within the purview of Executive Order 10501, requires protection in accordance with statutory requirements or in the public interest. Such information includes, but is not limited to, the

following:

a. Records and information which pertain to individuals such as personnel records, medical records, and investigative reports, documents, and proceedings.

b. Information as to the identity of confidential informants and information furnished by them in confidence.

c. Information received in confidence from private individuals, firms, or organizations in connection with bids, proposals, trade secrets, and reports of a financial, technical, or scientific nature.

d. Information which is, or may reasonably be expected to be, connected with any pending or anticipated litigation before Federal and State courts or regulatory bodies.

e. Advance information on proposed plans to procure, lease, or otherwise acquire or dispose of materials, real estate, facilities, or functions, which would provide undue or discriminatory advantage to private or personal interests.

f. Preliminary documents relating to proposed plans or policy development when premature disclosure would adversely affect morale, efficiency, or discipline.

g. Examination questions and answers to be used in training courses or in the determination of qualifications of candidates for employment, entrance to duty, and advancement or promotion.

B. In order to assure uniformity within the Department of Defense for identifying information such as listed in section III A 3 above, the term “For Official Use Only" is authorized. The use of the term is optional and the conditions under which it will be used shall be prescribed by the Secretaries of the Military Departments and the Assistant Secretary of Defense (Manpower and Personnel). Information such as described in section III A 3 above will be afforded protection as required, regardless of whether or not the information is identified by the term "For Official Use Only."

C. Release of official information such as described in section III A 3 above will be authorized only upon a determination by a responsible official that the request for such information is based upon a legitimate interest, and that its release will not be prejudicial to the public interest or contrary to law. The arbitrary and unreasonable witholding of such information will be avoided. In this connection, the identifying term "For Official Use Only" will be removed promptly when there is no longer a specific justification for protecting such information.

IV. ACTION

The Secretaries of the military departments and the Assistant Secretary of Defense (Manpower and Personnel) will insure that adequate regulations have been, or are, issued to implement the policy stated herein with regard to the protection and authorized release of the official records and information of their respective agencies.

V. IMPLEMENTATION

It is requested that copies of implementing instructions be furnished this office when issued.

The purpose of this memorandum is to provide the Secretaries of the military departments guidance with reference to the operation of effective public information activities within the context of congressional directives and to initiate studies for reorganization.

II. PERSONEL AND FUNDS.

The public information activities of the Department of Defense will be operated within the letter and spirit of current congressional directives.

III. REORGANIZATION OF PUBLIC INFORMATION ACTIVITIES

The Secretary of each military department is requested to initiate a review and analysis of the public information activities of each military department with the following objectives:

(a) Improving its effectiveness.

(b) Developing a constructive program consistent with national security and the objectives and policies of the Department of Defense.

(c) Effecting a reduction of public information personnel, servicewide, of the order of magnitude of one-third to one-half.

(d) The appointment of a civilian as the chief official responsible for public information activities of each of the military departments. Pending the appointment of such a civilian the Secretary of each of the military departments shall be responsible for that Department's public information activities. (e) The functional location of the civilian public information official so as to facilitate his reporting directly to the Secretary or Under Secretary of each military department.

IV. IMPLEMENTATION

It is requested that the Secretaries of the military departments issue such supplementary instructions implementing this memorandum as they consider necessary or appropriate to accomplish the purposes of this memorandum, and that periodic reports of progress be made to this office.

C. E. WILSON.

EXHIBIT IV

July 30, 1954 NUMBER 5122.5

DEPARTMENT OF DEFENSE DIRECTIVE

Subject: Responsibilities of the Assistant Secretary of Defense (Legislative and Public Affairs)

POLICY OF THE DEPARTMENT OF DEFENSE AS PERTAINS TO PUBLIC AFFAIRS References: (a) Secretary of Defense memorandum, Creation of Office of Public Information for the National Military Establishment at the Seat of Government, March 17, 1949.

(b) DoD Directive 5105.1, Reorganization of the Office of the Secretary of Defense, June 30, 1953.

(c) DoD Directive 5122.1, Assistant Secretary (Legislative and

Public Affairs), September 22, 1953.

I. The Secretary of Defense regards public information as a prime responsibility of the Office of the Secretary of Defense and of each of the military departments. To this end, it is desirable that each of the Secretaries of the military departments assume direct responsibility for management in this field of activity within their respective organizations. The reorganization plans recently approved for the Army, Navy, and Air Force achieve this relationship.

II. It is contemplated that the implementation of this policy may not follow the same pattern in each of the military departments; however, the organizational structure should be so designed in each department as to permit maximum guidance by the Secretary thereof.

III. Under such guidelines as may be developed pursuant to this directive, each of the military departments, under the direction of the Secretary thereof, shall establish and operate a public information activity.

IV. It shall be the policy of the Department of Defense to maintain a high degree of effective coordination, cooperation, and collaboration between the public information activities of the military departments and the Office of the Secretary of Defense. In order to avoid duplication and overlapping wherever possible, the military departments and the Office of the Secretary of Defense shall make joint and cross use of facilities and shall establish consolidated activities to be jointly used by the military departments and the Office of the Secretary of Defense.

V. In order to achieve these objectives, and pursuant to the authority vested in me by the National Security Act of 1947, as amended, and by Reorganization Plan No. 6 of 1953, the Assistant Secretary of Defense (Legislative and Public Affairs), whose position has been established by Department of Defense Directive 5105.1, dated June 30, 1953, shall, in addition to such responsibilities as may be hereafter assigned, have the following responsibilities:

A. Providing advice and assistance to the Secretary of Defense and his staff, and to the Secretaries of the military departments, on public information and public relations aspects of Department of Defense policies, plans, and programs. B. Establishing, under the direction of the Secretary of Defense and in collaboration with the Secretaries of the military departments, all public information and public relations policies and procedures for the Department of Defense, including the military departments and all other agencies thereof, and assuring the implementation of such policies.

C. Supervising and directing, under the direction of the Secretary of Defense, the consolidated public information and public relations activities of the Department of Defense, including the military departments and all other agencies thereof which are located at the seat of Government. Establishing policies for the Offices of Information of the military departments and all other agencies hereof. D. Assuming responsibility at the seat of Government for the release of all news and public information media. This responsibility includes, but is not limited to, such functions as:

1. Press and news service.

2. Radio and television service.

3. Photograph and newsreel service.

4. Still and motion picture service.

5. Security review and clearance of manuscripts.

6. Public contacts (public relations, civil relations, speakers bureau, presentation terms for public meetings, etc.).

7. Accreditation of correspondents.

8. Joint civilian orientation courses.

9. Clearance, reproduction and distribution of all press, releases and pictures. 10. Analysis of news and information.

The military departments and other agencies of the Department of Defense shall not duplicate such functions, except as may be authorized by the Secretary of Defense. The military departments may, under the Secretaries thereof, establish field activities and installations to accomplish the foregoing functions under such policies as may be determined as guidelines and under the procedures established in this directive.

E. Collaborating, as appropriate, with Secretaries of the military departments, other Assistant Secretaries of Defense, and the General Counsel of the Department of Defense on matters connected with their responsibilities in the public information field.

F. Advising the Office of Armed Forces Information and Education (Assistant Secretary of Defense (Manpower and Personnel)) with respect to the preparation and development of public information and education releases and activities. VI. A Public Information Coordinating Council is hereby established. It shall consist of the Deputy Assistant Secretary of Defense for Public Affairs as Chairman, and, unless otherwise designated by the Secretaries of the military departments, the Chiefs of Information of the Army, Navy, Air Force, and Marine Corps. This Council shall be an advisory group to the Assistant Secretary of Defense (Legislative and Public Affairs) and to the Secretaries of the military departments. It shall meet at the call of the Chairman, who shall, also, when requested to do so by the Secretary of a military department, call a meeting of the Council whenever practicable.

VII. The Assistant Secretary of Defense (Legislative and Public Affairs) is hereby delegated the authority to obtain such reports and information from the military departments as are necessary to carry out his responsibilities. Such information and reports shall be obtained through request to the Secretaries of the military departments or their designees.

VIII. In the performance of the functions of the Assistant Secretary of Defense (Legislative and Public Affairs), as defined in this directive, the appropriate facilities of the military departments will be used to every practicable extent, but such utilization will not be so construed as to circumvent the established command channels through the Secretaries of the military departments for the formal communication of approved policies, plans, or other directives, or for the acquisition of information and reports.

IX. Reference (a) is hereby rescinded, and all other directives or memoranda, or parts thereof, to the extent they are inconsistent with the provisions of this directive, are modified accordingly or rescinded as appropriate. X. This directive is effective immediately.

C. E. WILSON, Secretary of Defense.

EXHIBIT V

15 July 1954 NUMBER 5200.7

DEPARTMENT OF DEFENSE DIRECTIVE

Subject: Policy governing the transmission and safekeeping of defense information classified "Confidential-Modified Handling Authorized"

References: (a) Executive Order 10501, Section 14, November 5, 1953.

(b) Department of Defense Directive 5200.1, November 19, 1953, subject: "Safeguarding Official Information in the Interests of the Defense of the United States."

(c) Department of Defense Directive 5200.3, December 21, 1953, subject: "Department of Defense Policy for Assignment of Classification Categories to Official Defense Information."

I. PURPOSE

A. Pursuant to authority contained in section 14 of Executive Order 10501, to prescribe regulations for the transmission and safekeeping of defense information