classified as "Secret" only by or by authority of the Secretary of War, the Chief of Staff, a chief of an arm, service, or bureau, a general officer or an officer acting in his stead, the commanding officer of a depot or exempted station, the commandant of a service school, or a military attaché. When a document is so classified, the "Secret" mark will be placed on the front page thereof and will be accompanied by the designation of the authority affixing it, or of the authority by which it is being affixed, and will be dated and initialed by the officer affixing it. (2) A document will be classified and marked "Confidential” when the information it contains is of such nature that its disclosure, although not endangering the national security, might be prejudicial to the interests or prestige of the Nation, an individual, or any governmental activity, or be of advantage to a foreign nation. A document will be classified as "Confidential" only by a commissioned officer. The "Confidential" mark will be placed on the front page of the document. (3) A document will be classified and marked "Restricted" when the information it contains is for official use only or of such nature that its disclosure should be limited for reasons of administrative privacy, or should be denied the general public. The "Restricted" mark will be placed on a document only by authority of a commissioned officer. (4) Any person in the military service who initiates or comes into possession of a document which in his judgment should be marked "Secret", "Confidential", or "Restricted" will take immediate steps to forward it to the authority competent so as to mark it, following the same procedure for transmission as is prescribed for the transmission of documents already bearing such marking. This applies also to documents originating in governmental agencies other than the War Department. (5) A document will not be marked with more than one of the three classifying marks-"Secret", "Confidential", or "Restricted"; but should it through error be so marked, the most restrictive classification used will be observed. (6) Except in the case of printed documents of the War Department or of general headquarters in the field, in addition to the marks required by (1), (2), and (3), the "Secret", "Confidential", or "Restricted" stamp will be placed both at the top and at the bottom of each page of all secret, confidential, or restricted papers. It should be stamped well down on the page and in such a manner that the marking will not be hidden from view when the sheets are clipped together or bound. (7) When a document ceases to be secret, confidential, or restricted, its classification may be canceled by the authority which affixed or authorized it, or by higher authority, by writing or stamping "Canceled by. or "Canceled by authority of__ (the authority which authorizes the cancelation) over the mark on the top of the first page of the document, and this cancelation will be dated and initialed by the officer making it. Any other classifying marks on such a document will then be Page 11 stricken out. If a less restrictive classification is to be given such a document, the provisions of (2), (3), and (6) will be followed.* [Par. 48, AR 850-25, July 23, 1936, pars. 4-11, AR 330-5, Sept. 23, 1937] *88 5.1 to 5.6, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22. 5.2 Safeguarding technical information. (a) The provisions of sections IV and V, AR 330-5 (see (c)), will be applied in the safeguarding and transmission of documents containing technical information of a secret, confidential, or restricted nature. Information of a secret, confidential, or restricted nature concerning such projects may be imparted only to persons in the military and naval service of the United States (including civilian employees) and to American citizens of undoubted loyalty and discretion who of absolute necessity must be informed because of their cooperation in work on the project. (b) Inspectors and other Army representatives will advise contractors as to their responsibilities in regard to the safeguarding of secret, confidential, or restricted matter and will consult them as to the practical measures instituted to this end. They will act favorably, if practicable, on any request of the company tending to preserve secrecy. If at any time conditions at any plant, or any action of the company or any of its employees, are such as to jeopardize the security of secret, confidential, or restricted matter relating to the War Department, or to invite violation of the provisions of the Espionage Act, the Army representative will at once notify the contractor to take prompt remedial action, and if adequate precautionary measures are not taken immediately, he will report promptly to the chief of arm or service concerned. (c) Safeguarding documents distributed outside the Army. "Secret" or "Confidential" documents which by their nature might require distribution outside the Army will contain suitable instructions for their custody, safeguarding, and ultimate disposition in conformity with the requirements of Army Regulations.* [Par. 49, AR 85025, July 23, 1936, par. 23, AR 330-5, Sept. 23, 1937] 5.3 Safeguarding of military secrets by commercial concerns. Prior to furnishing a prospective bidder with plans or specifications containing information of a secret, confidential, or restricted nature in connection with any contracts made by any War Department agency, an agreement signed by a responsible officer of the firm or corporation is required, reading in part substantially as follows: In consideration of the receipt of the referenced specifications, plans, and accompanying papers, I agree on behalf of and for the undersigned to the following: A. The undersigned individual, firm, or corporation, its representatives, agents, and/or subcontractors will not supply or disclose any information regarding equipment or material of the model or kind referred to herein, or incorporate in other products special features of design or construction peculiar to the article or articles specified herein. B. In case of not submitting a bid or offer on the subject proposal or in case the bid is not accepted, the undersigned will promptly return by hand or by registered mail the referenced specifications, plans, and accompanying papers, Page 12 *For statutory citation, see note to § 5.1. . together with all copies thereof, to the office from which the original copies were received. C. In case award is made to the undersigned individual, firm, or corporation, its representatives, agents, and/or subcontractors, the undersigned will promptly return by hand or by registered mail upon completion of the order or orders the reference specifications, plans, and such shop drawings or other papers as are prepared from the reference specifications, plans, or accompanying papers pertaining in any way to information of a secret, confidential, or restricted nature to the office from which the original copies were received. D. It is understood that the provisions of the act of Congress approved June 15, 1917, including section 3 thereof, as reenacted by joint resolution of March 3, 1921, apply to such of the referenced documents of whatever nature as are marked "Secret", "Confidential", or "Restricted". Pertinent extracts of the Act of June 15, 1917, are quoted as follows: * "Section 1, * * * (d) whoever, lawfully or unlawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defense, wilfully communicates or transmits or attempts to communicate or transmit the same to any person not entitled to receive it *; or (e) whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or information relating to the national defense, through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both." E. It is further understood and agreed that failure to safeguard properly, or to return promptly as specified in B and C above, all documents, may be considered sufficient cause for refusing in the future to entrust the undersigned with the use or custody of any specifications, plans, or documents of a secret, confidential, or restricted nature. *[Par. 50, AR 850-25, July 23, 1936] 5.4 Admission of visitors to Government establishments. (a) United States citizens may be admitted as visitors to Government establishments, subject to such further restrictions as may be imposed by the responsible chief of arm or service and local commanding officer, under the following conditions: (1) Casual visitors. Such visitors may be admitted generally under such circumstances as will insure that no secret, confidential, or restricted work or projects will be shown or discussed. (2) Manufacturers and inventors. Manufacturers or their representatives, inventors, and persons cooperating in Government work may be conducted about such areas and shown such work as is considered necessary and desirable in each case by the responsible chief of arm or service. (3) News agency representatives. During the visits of reporters and other representatives of publicity agencies, no secret or confidential work or projects will be shown or discussed. In such special cases as are authorized by the responsible chief of arm or service, permission to photograph or disclose nontechnical portions only of restricted work or projects may be granted. (b) Foreigners will be admitted to Government establishments only upon request made through their diplomatic representatives and approved by The War Department. Foreign visitors will be accompanied at all times by a responsible person detailed for this purpose and will be denied the privilege of carrying cameras. *For statutory citation, see note to § 5.1. No secret, Page 13 confidential, or restricted work or projects will be shown or discussed. [Par. 51, AR 850-25, July 23, 1936] 5.5 Admission of visitors to commercial establishments. far as practicable, the provisions of § 5.4 will also apply to visits at commercial establishments in which any agency of the War Department may have an interest in maintaining secrecy, regardless of whether or not actual Government work is in progress. Before authorizing foreigners to visit such plants, the War Department will obtain recommendations from the Navy Department and from the chiefs of interested arms and services. Permission to visit any commercial establishment will be contingent upon consent of the officials of the establishment.* [Par. 52, AR 850-25, July 23, 1936] 5.6 Information to manufacturers. No information or facilities will be furnished to private manufacturers for the purpose of enabling them to execute orders for foreign sales of arms or munitions, except by specific authority of the Secretary of War in each case." [Par. 55, AR 850-25, July 23, 1936] Sec. PART 6-USE OF MILITARY TELEGRAPH LINES 6.1 False or forged messages. CROSS REFERENCE Communications Commission : See Federal Chapter I. Section 6.1 False or forged messages. No agent, operator, or employee in any telegraph office, or other person, shall, knowingly and willfully, send by telegraph to any person or persons any false or forged message purporting to be from such telegraph office, or from any other person, or shall willfully deliver or cause to be delivered to any person any such message, falsely purporting to have been received by telegraph, nor shall any person or persons furnish or conspire to furnish, or cause to be furnished, to any such agent, operator, or employee, to be sent by telegraph or to be so delivered, any such message, knowing the same to be false or forged, with the intention to deceive, injure, or defraud any individual, partnership, or corporation, or the public. (R.S. 161; 5 U.S.C. 22) [Par. 6, AR 105-40, Aug. 25, 1930] 6.2 Using or appropriating information by agents, operators, or employees. No agent, operator, or employee in any telegraph office shall, in any way, use or appropriate any information derived by him from any private message or messages passing through his hands and addressed to any other person or persons, or in any other manner acquired by him by reason of his trust as such agent, operator, or employee, or shall trade or speculate upon any such information so obtained, or in any manner turn or attempt to turn the same to his account, profit, or advantage. (R.S. 161; 5 U.S.C. 22) [Par. 7, AR 105-40, Aug. 25, 1930] Page 14 6.3 Fraudulent attempts to obtain information by persons not connected with any telegraph company. No person not connected with any telegraph company shall, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently read or attempt to read any message or learn the contents thereof while the same is being sent over any telegraph line, or shall willfully and fraudulently or clandestinely learn or attempt to learn the contents or meaning of any message while the same is in any telegraph office, or is being received thereat, or is sent therefrom, or shall use or attempt to use, or communicate to others, any information so obtained by any person. (R.S. 161; 5 U.S.C. 22) [Par. 8, AR 105-40, Aug. 25, 1930] 6.4 Bribing agents, operators, or employees. No person shall, by the payment or promise of any bribe, inducement, or reward, procure or attempt to procure any telegraph agent, operator, or employee to disclose any private message, or the contents, purport, substance, or meaning thereof, or shall offer to any such agent, operator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or employee, or shall use or attempt to use any such information so obtained. (R.S. 161; 5 U.S.C. 22) [Par. 9, AR 105-40, Aug. 25, 1930] Sec. PART 7—MANUFACTURE OF DECORATIONS 7.1 General. 7.2 Decorations not to be manufactured or sold. Sec. 7.5 Government contracts and agreements not affected. 7.6 Uniformity of design. 7.3 Medals, etc., which may be manu- 7.7 Sales; to whom authorized. 7.4 Application required. Section 7.1 General. Under the authority of the Act of April 21, 1928 (45 Stat. 437; 10 U.S.C. 1425), the manufacture and sale of the War Department decorations, service medals, badges, ribbons, lapel buttons, and similar articles by private individuals, firms, and corporations are authorized as hereinafter prescribed.*t [Par. 2] *88 7.1 to 7.8, inclusive, issued under the authority contained in 45 Stat. 437; 10 U.S.C. 1425. †The source of §§ 7.1 to 7.8, inclusive, is Army regulations 600-90, Secretary of War, Nov. 20, 1928. 7.2 Decorations not to be manufactured or sold. No authority will be granted to any private individual, firm, or corporation to manufacture or sell the congressional medal of honor, the distinguishedservice cross, the distinguished-service medal, the soldier's medal, the distinguished flying cross, the oak-leaf cluster, or the citation star.*† [Par. 3] 7.3 Medals, etc., which may be manufactured and sold. Authority may be granted to private individuals, firms, and corporations to manufacture and sell service medals; authorized miniature replicas of the War Department decorations, service medals, or service rib.bons; authorized lapel buttons pertaining to the several decorations **For statutory and source citations, see note to § 7.1. Page 15 |