Mr. SLAYMAN. Mr. Chairman, we will be in touch with the Army and Air Force and Navy and ICA to see about getting their positions on these matters. Senator HRUSKA. Don't forget the Department of Defense. Mr. SLAYMAN. Thank you. And the Department of Defense. Mr. KELLER. Mr. Chairman, I was asked by counsel as to whether we had any additional information or communications. When we reported to the Congress the Military Sea Transportation Service case we also reported the matter to the Secretary of Defense. I have here a copy of a reply from Mr. Robert Dechert, General Counsel of the Department of Defense dated February 3, 1959, addressed to the Comptroller General acknowledging receipt of a letter to the Secretary of Defense, Mr. Dechert's letter in closing says: "Your letter and its enclosure are being carefully considered and I hope that the Department will be in a position to make further answer promptly." Senator O'MAHONEY. Have you read the whole letter? Mr. KELLER. No, sir. Senator O'MAHONEY. It may be inserted in the record at the conclusion of your remarks. Mr. KELLER. All right, sir. (The document referred to follows:) GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE, Hon. JOSEPH CAMPBELL, Comptroller General of the United States, Washington, D.C., February 3, 1959. DEAR MR. CAMPBELL: I write at the direction of the Secretary of Defense in order that you may have an acknowledgment of your letter of January 22, with which you sent a copy of your nine page letter of the same date, addressed to the Honorable Carl Vinson, Chairman of the Committee on Armed Services of the House of Representatives. We understand that this letter to the Secretary of Defense represents your answer to the interview which you courteously gave to Assistant Secretary of Defense McGuire, General Counsel of the Navy Trowbridge von Baur and me, during November. Your letter and its enclosure are being carefully considered and I hope that the Department will be in a position to make further answer promptly. Very sincerely, Senator O'MAHONEY. Anything else, Mr. Slayman? Mr. SLAYMAN. No, sir. ROBERT DECHERT. Senator O'MAHONEY. The committee will now stand in recess subject to the call of the Chair. Thank you very much, Mr. Keller, and your associates for your presentation this morning. Mr. KELLER. Thank you, Mr. Chairman. (Thereupon, at 1:05 p.m., the subcommittee took a recess subject to the call of the Chair.) 1. Authority to release records or their contents. The Secretary of the Army has charge and control of all records and papers of the Army. It is his responsibility to insure that these documents, and the information contained therein, are utilized in a manner to serve best the public interest. The release of information therefrom out *These regulations supersede AR 345-20, 9 March 1951. 247 side of the Army Establishment is a matter to be determined by The Secretary or by persons authorized to act in his behalf. No subordinate in the Army Establishment has authority to release any original records, copies, extracts, or summaries thereof, or any information therefrom, except as provided in these regulations and the regulations cited herein. 2. Scope. a. Source of request. (1) These regulations apply only to requests from individuals in (a) Newspapers and other information media, see AR 360–5. (c) Courts and quasi-judicial bodies, see AR 27-5. b. Nature of records. These regulations set forth certain basic principles which apply to all types of Army records. Other regulations set forth procedures for the release of the following types of records: (1) Inspector general reports, see AR 20-10, AR 20–30, and AR 345-230. (2) Intelligence and counter intelligence files, see SR 380-5-10. (4) Joint Chiefs of Staff and National Security Council papers, see AR 380-88. (5) General records, see AR 345–230. c. Release of the contents of records. As used in these regulations, the authority to release records includes authority to release summaries, extracts or copies of such records or to permit an examination of such records. d. Delegations of authority. See paragraph 11. 3. Definitions. a. Secretary of the Army. This term refers to the Secretary or any individual to whom authority to act has been delegated. b. Request. This term applies to the following: (1) Requests for copies of records as well as requests for infor mation therefrom. (2) Requests from any of the agencies or individuals enumerated in paragraph 2a. c. Army records. All records, papers, and files of the Army Establishment as well as the contents of such records. d. Safeguarded records. This term is used to cover two different types of records, each of which must be protected: (1) Classified information relating to the national defense. This material falls within the meaning of Executive Order 10501, 5 November 1953 (18 Fed. Reg. 7049), and is covered by AR 380-5 and SR 380-5-10. (2) Information which may be privileged in nature but does not relate necessarily to the national defense. Examples are: communications between attorney and client and doctor and patient; exchange of opinions between officials; reports from subordinates to seniors; and other material described in paragraph 9. 4. Statutory provisions and executive orders. a. The Secretary of the Army is empowered to prescribe regulations for the Government of the Army Establishment, including the custody, use, and preservation of its papers and records (see R. S. 161, 5 U. S. C. 22; R. S. 217, 5 U. S. C. 191; 44 U. S. C. 396; E. O. 10450, 27 Apr 1953 (18 Fed. Reg. 2489) and E. O. 10501 (cited above)). b. Section 3 of the Administrative Procedure Act (60 Stat. 238; 5 U. S. C. 1002) requires the Secretary of the Army (except as to any function requiring secrecy in the public interest or as to any matter relating solely to the internal management of the Department of the Army) to take the following action: (1) To publish in the Federal Register the methods whereby members of the public, when properly and directly concerned, may secure information from Army records which is not safeguarded in the public interest. (2) To publish, or in accordance with published rules make available to public inspection, all of its final opinions or orders in the adjudication of cases of interest to members of the general public which may be cited as precedents and which do not contain safeguarded information. c. Criminal statutes provide penalties for the unauthorized removal or disclosure of safeguarded records (e. g. 18 U. S. C. 641; 18 U. S. C. 793, as amended by Sec. 18, act of 23 Sep 1950), or information which aids in the prosecution of, or supports, a claim against the United States (see 18 U. S. C. 283, as amended, by subsection 2 (b), act of 28 June 1949). d. By memorandum of 13 March 1948 (13 F. R. 1359), as amended, the President declared that all reports, records, and files relative to |