REVISION OF EXECUTIVE ORDER 10501

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CIA-RDP82M00097R000300070008-4
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RIPPUB
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K
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21
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December 19, 2016
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October 26, 2005
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8
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Publication Date: 
September 25, 1961
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MF
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Approved For Releasea05/11/28 : CIA-RDP82M00097R000390008-4 USIB-D-9.1/11. 25 September 1961 UNITED STATES INTELLIGENCE BOARD MEMORANDUM FOR THE UNITED STATES INTELLIGENCE BOARD Subject: Revision of Executive Order 10501 References: a) USIB-M-166, Item 10, 1 August 1961 b) USIB-D-9.1/2, 11 September 1961 c) USIB-M-172, Item 4, 14 September 1961 1. The inclosuxe is forwarded in compliance with the request of the Acting Chairman, USIB at the Board meeting on 21 September 1961, that each Member of USIB be provided a copy of Executive Order No. 10964 (which revises portions of EO 10501) by the Secretariat as soon as practicable. 2. It is the understanding of the Secretariat that Executive Order No. 10964 is included in the Federal Register of 22 September 1961. 3. The version of Section 13(b) proposed by USIB, Reference (c), does not appear in the Order. Inclosure a/s STAT Lt. Colonel, USAF Deputy Executive Secretary Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 20011/28 : CIA-RDP82M00097R000300070 IMMEDIAtE RELEASE SEPTEMBER.20. 19 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE EXECUTIVE ORDER AMENDMENT OF EXECUTIVE ORDER No. 10501, ENTITLED "SAFEGUARDING OFFICIAL INFORMATION IN THE INTERESTS OF, THE DEFENSE OF THE UNITED STATES" By virtue of the authority vested in me by the Constitution and statutes of the United States, and deeming such action necessary in the best interest of the national security, it is ordered that Executive Order No. 10501 of November 5, 1953, as amended, be, and it is hereby, further amended as follows: 1. Section 4 is amended-- (A) By substituting for the first paragraph thereof the following: "Sec. 4. Declassification, Downgrading, or Upgrading. When classified information or material no longer requires its present level of protection in the defense interest, it shall be downgraded or declassified In order to preserve the effectiveness and integrity of the classification system and to eliminate classifications of information or material which no longer require classification protection. Heads of departments or agencies originating classified information or material shall designate person. to be responsible for continuing review of such classified information or material on a document-by-document, category, project, program, or other systematic basis, for the purpose of declassifying or downgrading whenever national defense considerations permit, and for receiving requests for such review from all sources. However, Restricted .Data and material formerly designated as Restricted Data shall be handled only in accordance with subparagraph 4 (a) (1) below and section 13 of this order. The following special rules shall be observed with respect to changes of classification of defense information or material, including information or material heretofore classified:" (B) By deleting paregraphs (a), (e), (g), (h), and (i) and inserting in lieu thereof the following: "(a) Automatic Changes. In order to insure uniform procadures for automatic changes, headiof departments and agencies having authority for 004in:a classification of information or material, as set forth in section 2, shall categorise such classified information or material into the following groupss "(1) Group 1. Information or material originated by foreign governments or international organisations and over which the United States Government has no jurisdiction, istformation or material provided for by statutes such as the Atomic Energy Act, and information or material requiring special handling, such as intelligence and cryptography. This information and material is excluded from aubmatic downgrading or declassification. (OVER) Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 20011/28 : CIA-RDP82M00097R00030004908-4 2 "(2) Group 2. Extremely sensitive information or material which the head of the agency or his designees exempt, on an individual basis, from automatic downgrading and declassification. "(3) Group 3. Information or material which warrants some degree of classification Loran indefinite period. Such information or material shall bocome automatically downgraded at 12-year intervals until the lowest classification is reached, but shall not become automatically declassified. "(4) Group 4. Information or material which does not qualify for, or is not assigned to, one of the first three groups. Such information or material shall become autornatitally downgraded at three-year intervals until the lowest classification is reached, and shall be automatically declassified twelve years after date of issuance, "To the fullest extent practicable, the classifying authority shall indicate on the information or material at the time of original classification if it can be downgraded or declassified at an earlier date, or if it can be downgraded or declassified after a specified event, or upon the removal Of classified attachments or enclosures. The heads, or their designees, of departments and agencies in posses- sion of defense information or material classified pursuant to this order, but not bearing markings for automatic downgrading or declassi- fication, are hereby authorized to mark or designate for automatic downgrading or declassification such information or material in accordance with the rules or regulations established by the depart- ment or agency that originally classified such information or material." "(0) Information or Material Transmitted lay_Electrical Means. The downgrading or declassification of classified i orra?n7;73n or material transmitted by electrical means shall be accomplished in accordance with the procedure. described above unless specifically prohibited by the originating department or agency. Unclassified information or ma- terial, which is transmitted in encrypted form shall be safeguarded ? and handled in accordance with the legulations of the originating department or agency." "(g) Upgrading. If the recipient of unclassified information or material believes that it should be classified, or if the recipient of classified information or material believes that its classification is not sufficiently protective, it shall be safeguarded in accordance with the classification deemed appropriate and a request made to the reviewing official, who may classify the information or material or upgrade the classification after obtaining the consent of the appropriate classifying authority. The date of this action shall constitute a new date of origin insofar as the downgrading or declassification schedule (paragraph (a) above) is concerned." ,"(h) Dspiattments aLtAaencies ,Which Do Not Have Authority for 9ri4nal dalseifkcation. The provisions of this section relating to the decTitssificadon of defense information or material shall apply to, depl,rtments or agencies which do not, under the terms of this order, have authority for original classification of information or material, but which have fotmerly classified information or material pursuant to Executive Order No. 10290 of September 24, 1951." more Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 200%10/28 : CIA-RDP82M00097R000300070,401-4 "(i) Notification of Change in Classification. In all cases in which action is taken by the reviewing official to, downgrade or declassify earlier than called for by the automatic downgrading-declassification stamp, the reviewing official uha.11 promptly notify all addressees to Whom the information or material was originally transmitted. Recipients of original information or material, upon receipt of notification of change In classification, shall notify addresse,e, to whom they have transmitted the classified information or materiai." 2. Section 5 is amended-- (A) By adding a new paragraph (a) thereto, as follows: "(a) Downgrading-Declassification Markings. At the time of origi- nation, all classified in ormation or materha shall be marked to indicate the downgrading-declassification,ichedul? to be followed in accordance with paragraph (a) of section 4 of this order." (B) By relettering the present paragraphs (a) through (i) as (6) through (,)), respectively. 3. Section 6 is amended-- (A) By deleting from the second sentence of the first paragraph the words "physical or mechanical." (B) By deleting paragraphs (a) and (b) and by inserting in lieu thereof the following: ? "(a) Storage of 1122_Secret Information and Material. As a minimum, Top Secrete ensrinzna=n an n"r7--"ateriai shar be ed in a safe or safe-type steel file container having a three-position dial-type combination lock, and being of such weight, size, construction, or installation as to minimize the possibility of unauthorized access to, or the physical theft of, such information and material. The head of a department or agency may approve other ?tome facilities which afford equal protection, Mich as an alariniid' area, a vault, a vault4type room, or an area under con- tinuous surveillance. ? "(b) Stora e of Secret and Confidential Information and Material. As a rnin rnum,scraiird ro?nfidential defersrOo=naTo72 a721---ama rial may be stored in a it authorized for Top Secret information and material, or in steel file cabinets equipped with steel lockbar and a changeable three-combination dial-type padlock or in other storage facili- ties which afford .equal protection and which are authorized by the head of the department or agency. "(c) Storage or Protection Equipment. Whenever new security storage equ pmentTi7777""TAre it should, to the maximum extent practi- cable, be of the type designated as se,urity filing cabinets on the Federal Supply Schecinle of the General Servicos Administration." (C) By relettering the paragraphs (c) through (g) as (d) through (h), respectively. 4, Paragraphs (c) and (d) of section B are amended to read as follows: 1210 r e (OVER) Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005411/28 : CIA-RDP82M00097R000300020008-4 Nye "(c) Transmitting Secret Information and Material. Secret informa- tion and material shall be transmitted v4thin and between the forty-eight contiguous States and the District of Columbia, or Wholly within Alaska, Hawaii, th4 Commonwealth of Puerto Rico, or a United States posseision, by one of the means established for Top Secret information and material, by authorisd courier, by United States registered mail, or by the use of protective services provided by commercial carriers, air or surface, under such conditions as may be prescribed by the head of the department or agency concerned. Secret information and material may be transmitted outiide those areas by one of the means established for Top Secret informa- tion and material, by commanders or masters of vessels of 'United States registry, or by the United States registered mail through Army, Navy, Air Force, or United States civil postal facilities; provided that the information or material does not at any time pass out of United States Government control and does not pass through a foreign postal system. For the purposes of this section registered mail in tbe custody of a. transporting agency of the United Ststee Post Office is considered within United States Government control unless the transkrting agent is foreign controlled or operated. Secret information and material may, however, be transmitted between United States Government or Canadian Government installations, or both, in the forty-eight contiguous States, the District of Columbia, Alaska, and, Canada. by United States and Canadian registered mail,withregistered mail receipt. .Secret information and material may also be transmitted over comrnuniairres circuits in accordance with regulations promulgated for such purpose by the Secretary of Defense. "(d) Transmitting Confidential Information and Material. Confidential information ant material shall be tra=aircvirni IM-16?VrTi-eight con- tiguous States and the District of Columbia, or Wholly within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United States possession, by one of the means established for higher classifications, or by certified or first-class mail. Outside those areas Confidential information and material shall be transmitted in the same manner as authorised for higher classifica- tions.", 5, Section 13 is amended to read as follows: "Sec, 13. ' ri D Ca Material Former1y Designated as 'R aad =nun cat ons enAa. once and Cryptography. Nbthfnj In this order shall supersede any requirements made by or ? under the Atomic Energy Act of August 30, 1954, as amended. 'Restricted Data,' and material formerly designated as 'Restricted Data,' shall be hiuldlsd, protected, clasiifted, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1964, as mended, and the regulations of the Atomic Energy Commission. ) 14othfajbithii order shill prohibit any special requirements grfsinstlifs agency or other appropriate authority may impose as to aommuniciitione intelligence, cryptography, and matters related thereto." 6. A new s?cUon 19 1. reading as follows: ' ? 7"- Disclosuri hi.Oovernrnent Personnel. The each department an agency Isdirected to take prompt and stringent lye 41,10inet any officer or employee of the United States, eir;-diterrninid to have bean knowingly responsible falai disclosure of classified defense information or material zn?r authorised by this order, and where a violation of litiallvs4 to refer promptly to the Department of aucla Sections 19 and 20 are renumbered as sections 20 and 21, . JOHN T. KENNEDY .4*Frottinfelease 2005/11/28 : CIA-RDP82M00097R000300070008-4 10, 1961. Approvegpr Release 2005/11/28 : CIA-RDP82M4997R000300070008-4 IMMEDIATE RELEASE SEPTEMBER 20, 1961 OFFICE OF THE WHITE HOUSE PRESS SECRETARY AM. OMP 4.? eV THE WHITE HOUSE EXECUTIVE ORDER / AMENDMENT OF EXECUTIVE ORDER NO, 105011 ENTITLED "SAFEGUARDING OFFICIAL INFORMATION IN THE INTERESTS OF THE DEFENSE OF THE UNITED STATES" By virtue of the authority vested in me by the Constitution and statutes of the United States, and deeming such action necessary in the best interest of the national security, it is ordered that Executive Order No. 10501 of November 5, 1953, as amended, be, and it is hereby, further amended as fellows: I. Section 4 is amended-- (A) By substituting for the first paragraph thereof the following: "Sec. 4. Declassification, DownitEadim, or ading. When classified information or material no longer requires its present level of protection in the defense interest, it shall be downgraded or declassified in order to preserve the effectiveness and integrity of the classification system and to eliminate classifications of information or material which no longer require classification protection. Heads of departments or agencies originating classified information or material shall designate persons to be responsible for continuing review of such classified information or material on a document-by-document, category, project, program, or other systematic basis, for the purpose of declassifying or downgrading whenever national defense considerations permit, and for receiving requests for such review from all sources. However, Restricted Data and material formerly designated as Restricted Data shall be handled only in accordance with subparagraph 4 (a) (1) below and section 13 of this order. The following special rules shall be observed with respect to changes of classification of defense information or material, including information or material heretofore classified:" (B) By deleting paragraphs (a), (e), (g), (h), and (i) and inserting in lieu thereof the following: ts(a) Automatic asmasi. In order to insure uniform procedures for ??????????*?1?11*.n. autonAatic changes, heads of departrne nts and agencies having authority for omisinal classification of information or material, as set forth in section 2, shall categorize such classified information or material into the following groups: "(I) Group I. Information or material originated by foreign governments or international organizations and over which the United States Government has no jurisdiction, information or material provided for by statutes such as the Atomic Energy Act, and information or material requiring special handling, such as intelligence and cryptography. This information and material is excluded from automatic downgrading or declassification. more (OVER) Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Refew 2005/11/28 : CIA-RDP82M00097R00q0070008-4 "(2) Group 2. Extremely sensitive information or material which the head of the agency or his designees exempt, on an individual basis, from automatic downgrading and declassification. 3? Group 3. Information or material which warrants some degree of classification for an indefinite period. Such information or material shall become automatically downgraded at 12-year intervals until the lowest classification is reached, but shall not become automatically declassified. "(4) Group 4. Information or material which does not qualify for, or is not assigned to, one of the first three, groups. Such information or material shall become automatItally downgraded at three-year intervals until the lowest classification is reached, and shall be automatically declassified twelve years after date of issuance. "To the fullest extent practicable, the classifying authority shall indicate on the information or material at the time of original classification if it can be downgraded or declassified at an earlier date, or if it can be downgraded or declassified after a specified event, or upon the removal of classified attachments or enclosures. The heads, or their designees, of departments and agencies in posses- sion of defense information or material classified pursuant to this order, but not bearing markings for automatic downgrading or declassi- fication, are hereby authorized to mark or designate for automatic downgrading or declassification such information or material in accordance with the rules or regulations established by the depart- ment or agency that originally classified such information or material." "(e) Information or Material Transmitted by Electrical Means. The downgrading or declassification of classified information or material transmitted by electrical means shall be accomplished in accordance with the procedures described above unless specifically prohibited by the originating department or agency. Unclassified information or ma- terial which is transmitted in encrypted form shall be safeguarded and handled in accordance with the egulations of the originating department or agency." "(g) If the recipient of unclassified information or material believes that it should be classified, or if the recipient of classified information or material believes that its classification is not sufficiently protective, it shall be safeguarded in accordance with the classification deemed appropriate and a request made to the reviewing official, who may classify the information or material or upgrade the classification after obtaining the consent of the appropriate classifying authority. The date of this action shall constitute a new date of origin insofar as the downgrading or declassification schedule (paragraph (a) above) is concerned." "(h) Departments and Agencies Which Do Not Have Authority for Original Cals sification. The provisions of this section relating to the declassification of defense information or material shall apply to departments or agencies which do not, under the terms of this order, have authority for original classification of information or material, but which have formerly classified information or material pursuant to Executive Order No. 10290 of September 24, 1951." more Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved, Release 2005/11/28 : CIA-RDP8211/1962997R000300070008-4 3 "(1) Notification of Cirp.nge in Classification. In all cases in which action is taken by the reviewing oifici' to downgrade or declassify earlier than called for by the automatic downgrading-declassification stamp, the reviewing official shall promptly notify all addressees to whom the information or material was originally transmitted. Recipients of original information or material, upon receipt of notification of change in classification, shall notify addressees to whom they have transmitted the classified information or material." 2. Section 5 is amended-- (A) By adding a new paragraph (a) thereto, as follows: "(a) Downg.Declassification Markings. At the time of origi- nation, all classified information or material shall be marked to indicate the downgrading-declassification schedule to be followed in accordance with paragraph (a) of section 4 of this order." (B) By relettering the present paragraphs (a) through 0.) as (b) through (j), respectively. 3. Section 6 is amended-- (A) By deleting from the second sentence of the first paragraph the words "physical or mechanical." (B) By deleting paragraphs (a) and (b) and by inserting in lieu thereof the following: "(a) Ltarof Top Secret Information and Material. As a minimum, Top Secret defense information and material shall be stored in a safe or safe-type steel file container having a three-position dial-type combination lock, and being of such weight, size, construction, or installation as to minimize the possibility of unauthorized access to, or the physical theft of, such information and material. The head of a department or agency may approve other storage facilities which afford equal protection, such as an alarmed area, a vault, a vault-type room, or an area under con- tinuous surveillance. "(b) ,5121212_ of Secret and Confidential Information and Material. As a minimum, Secret and Confidential defense information and material may be stored in a manner authorized for Top Secret information and material, or in steel file cabinets equipped with steel lockbar and a changeable three-combination dial-type padlock or in other storage facili- ties which afford equal protection and which are authorized by the head of the department or agency. "(c) Storage or Protection Esuipment. Whenever new security storage equipment is procured, it should, to the maximum extent practi- cable, be of the type designated as security filing cabinets on the Federal Supply Schedule of the General Services Administration." (C) By relettering the paragraphs (c) through (g) as (d) through (h), respectively. 4. Paragraphs (c) and (d) of section 8 are amended to read as follows: more (OVER) Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For ReNeve 2005/11/28 : CIA-RDP82M00097R0V00070008-4 4 "(c) Transmitting Secret Information and Material. Secret informa- tion and material shall be transmitted within and between the forty-eight contiguous States and the District of Columbia, or wholly within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a, United States possessions by one of the means established for Top Secret information and material, by authorized courier, by United States registered mail, or by the use of protective services provided by commercial carriers, air or surface, under such conditions as may be prescribed by the head of the department or agency concerned. Secret information and material may be transmitted outside those areas by one of the means established for Top Secret informa- tion and material, by commanders or masters of vessels of United States registry, or by the United States registered mail through Army, Navy, Air Force, or United States civil postal facilities; provided that the information or material does not at any time pass out of United States Government control and does not pass through a foreign postal system. For the purposes of this section registered mail in the custody of a transporting agency of the United States Post Office is considered within United States Government control unless the transporting agent is foreign controlled or operated. Secret information and material may, however, be transmitted between United States Government or Canadian Government installations, or both, in the forty-eight contiguous States, the District of Columbia, Alaska, and Canada by United States and Canadian registered mail\withregistered mail receipt. Secret information and material may also be transmitted over communications circuits in accordance with regulations promulgated for such purpose by the Secretary of Defense. "(d) Transmittinz Confidential Information and Material. Confidential information and material shall be transmitted within the forty-eight con- tiguous States and the District of Columbia, or wholly within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United States possession, by one of the means established for higher classifications, or by certified or first-class mail. Outside those areas Confidential information and material shall be transmitted in the same manner as authorized for higher classifica- tions." 5. Section 13 is amended to read as follows: "Sec. 13. 'Restricted Data,' Material Formerly 12Lsignated as 'Restricted Data, Communications Intelligence and_92iptograpitx. (a) Nothing in this order shall supersede any requirements made by or under the Atomic Energy Act of August 30, 1954, as amended. 'Restricted Data,' and material formerly designated as 'Restricted Data,' shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission. "(b) Nothing in this order shall prohibit any special requirements that the originating agency or other appropriate authority may impose as to communications intelligence, cryptography, and matters related thereto." 6. A new section 19 is added reading as follows: "Sec. 19. Unautb.orized Disclosure Government Personnel. The head of each department and agency is directed to take prompt and stringent administrative action against any officer or employee of the United States, at any level of employment, determined to have been knowingly responsible for any release or disclosure of classified defense information or material except in the manner authorize1 by this order, and where a violation of criminal statutes may be involved, to refer promptly to the Department of Justice any such case." 7. Sections 19 and 20 are renumbered as sections 10 and 11, respectively. JOHN F. KENNEDY THE WHITE HOLT.SE Approved ror'Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 September 20, 1961. ##### roved -For Release.2005/40/204.CIA-RDP82M00097R000300070008-4 President-DM Vocuments Title 3?THE PRESIDENT Executive Order 10869 AMENDMENT OF CIVIL SERVICE RULE II, AS PRESCRIBED BY EXECUTIVE ORDER NO. 10577 ' OF NOVEMBER 22, 1954 WHEREAS the appointment of post- masters to fourth-class post offices is con- trolled in part by regulations approved by the President on November 25, 1912. as amended by Executive Orders No. 1776 of May 7. 1913, No. 4124 of January 12. 1925, No. 9769 of August 14. 1946. No, 10017 of November 10, 1948, and No. 10337 of April 3. 1952; and WHEREAS it Is in the Interest of effi- ciency of operation that the regulations kioverning the appointment of post- masters of the fourth class be revised and incorporated into the Civil Service Rules as hereinafter set forth: - NOW. THEREFORE, by virtue of the authority vested in me by section 1753 of the Revised Statutes (5 U.S.C. 631), by the Civil Service Act of January 16, 1883 i.2.2 Stat. 403), and by section 301 of title 3 of the United States Code.61t is or- dered as follows: SECTION 1. Section 2.1 of Civil Service Rule IT, as prescribed by Executive Or- der No. 10577 of November 22, 1954, is hereby amended by adding thereto a new subsection (c) reading as follows: "(c) Whenever the Civil Service Com- mission (1) Ls unable to certify a suffi- cient number of names to permit the ap- pointing officer to consider three eligibles for appointment to a fourth-class post- Master. i?osition in accordance with the regular procedure, or (2) finds that a particular rate of compensation for la V.&..'7521: 3 CPR. 1954 Supp.. p 64. rourtli posimtuiter positions is too warrant regular competitive ex- anT.lnations for such pos:tions. It may authorize appointment to any such posi- tion or poons in accordance -vvith such procedure Fth may be Prescribed by the Commis.!osin. Persons appointed un- di-r t di subs.cet,J,n may acquire corn- petltive states subject to satislactory completion of a probatiot eiry period Prtivcribed by the Commission " Sec. 2. The following -designated Ex- ecutive orders and regulations are hereby revolt.ciii: Executive Order No. 982 of No- vember 30, 1908, Executive Order No. 1624 of October 15. 1912 ; the regulations approved by the President on November 25, 1912, governnig the appointment of postmasters of the fourth class: Execu- tive Order No. 1776 of May 7. 1913: Ex- ecutive Order No. 1778 of May 7, 1913, Executive Order No. 2119 of January 12, 1915; Executive Order No. 4124 qf Janu- ary 12, 1925; and Executive Order No. 10337 of April 3. 1952. DWIGHT D. EISENHOWER House21/ar 9, 1960. I P l 60-2320: File.(1. Mar - TFTE WHIT Df.a. 190o. Memorandum of March 9, 1960 IDEPARTMENT5 AND AGENCIES SUB- JECT TO THE LIMITATIONS SPECI- FIED IN SECTION 2 OF E.O. 105011 Memorandum for the heads of All Departments and Agencies of the Government My memorandum of November 5, 1953, relating to Executive Order No. 10501 of November 5, 1953, as supplemented by my memorandum of May 7, 1959, is fur- ther supplemented as follows; 1, The provisions of section 2 of Execu- tive Order No. 10501 of No....erribc. 5. 1953 are hc.reby truidc applicable to I`10'tif agencies of the executive 121--:.etii sri then constituent agencies, esti-nil:slier after November 5, 1953. and listed here- after in this paragraph: and !lie seencirs so listed and their constituent agenr. are hereby designated tir have autlm.d ity for original classibcatlor of information and material in accordance W ith Lb pie- visions of subsection (ei um that section effective a.s of the respective dates which such agencies were establii.nc,i Council on Foreign Economic P. Development Loan Fin::: Fedei al Aviation Agency Federal nadir-it:on Counc.1 National Aeronautics and ministra.tioL National Aeronautics andii--ipa?:f Council OffIce of Civil and Defense Mobin PreLisTi dent's Board of Consultant:, 11. Foreign intelligence Activities ? 2. All agencies of the executive brancil which have been established after No- vember 5. 1953 'except those mimed in paragraph 11, and all such agencies which may be established hereafter. 'hall be deemed not to have authority for one. inal classification of inform.ation or mil - terial under the provisions of stiictior of Executive Older No. 10501. excf,pt such authority may be specifically :?on- (erred upon such agencies, 3. This memorandunt shall bDub- +?gr' lished in the FEDERAL , DiNtcyrr EE1iiranl."4141' LIR* THE WHITE FITHIEE. March- 9,, 2.945C: IF It Doc. 80-2319i 101411,6,,VAT4 6 110.4?-ni.,t, ? 2073 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 : Apprppiel grsFielerag W 2005L11/28 : efArRDP82M00097R0000070008-4 a nual Documents Title 3?THE PRESIDENT I Executive Order 10901 AMENDMENT OF EXECUTIVE ORDER NO. 10501,1 RELATING TO SAFE- GUARDING OFFICIAL INFORMA- TION IN THE INTERESTS OF THE DEFENSE OF THE UNITED STATES By virtue of the authority vt sted in me by the Constitution and statutes of the United States, and as President of the United States, and deeming ,such action necessary In the best interest of the na- tional security, it is ordered as follows: SEcTIoN 1. Section 2 of Executive Or- der No. 10501 of Novetiber .5- 1953, is amended to read as follows: "Sec. 2. Limitation of authority to classify. The authority to classify de- fense information or material under this order shall be limited In the depart- ments, agencies, and other units of the executlye branch as hereinafter specified. "(a) In the following departments, -agencies, and Governmental units, hav- ing primstry responsibility for matters pertaining to national defense, the au- thority for original classification of in- formation or material under this order may be exercised by the head of the de- partment, agency, or Governmental unit concerned or by such responsible officers or employees as he, or his representative. may designate for that purpose. The -delegatimr of such authority to classify shall be limited as severely as is con- sistent with the orderly and expeditious tniuniftetion of Government business. -rhe VAite House Office President's Science Advisory COintnitt Bureau of the Budget Council of Economic Advisers National Security Council Operations Coordinating Board Central Intelligence Agency Office of Civil and Defense Mobilization Department of State International Cooperation Administration Department of the Treasury Department of Defense Department of the Army Department of the Navy Department of the Air Force Department of Justice Department of Commerce Department of Labor Atomic Energy Commission Canal Zone Government Council on Foreign Economic Policy Development Loan Fund Federal Aviation Agency Federal Communications Commission Federal Radiation Council - General Services Administration Interstate Commerce Commission National Aeronautics and Space Admal::.tra- tion National Aeronautics and Space Council President's Board c4f Consultants on ?oteign Irstelligence Activities I CPR, 1949-1059 Comp., 7049. 0/9; 18 (3017,0 ?: 7. followh :Lod Goveritro . thV tt7.1! s her- UU POL. fot* trIk-0.14.-7'S Pertaining 1%-? 11' Pe- ense aut..ol:ty 107 ? 700-..1:0_ M.7.77.17.n :0kt, C.70, 7it(7.t.7- Sinij.. Pe. ex, ti,r tit4..artrneu7, 07- ell:mental :111-11. P.-kst Office Dtmsrtn...,u i)eparinie.,! ne 11:t.co01 DeparctmnotArrie1.1?.. Federal B. -a: Panarna RenegOtriiti.711 U, KAI-0 BitAtiless SlibVersi,e Tenne.7..ape Valley Atehority le Any agency or unit of the execu- tive brunch not named herein and any such agency or Unit whicn may be ("a- tablished hereafter, shall be deemed not to nave autlairity for original clie,sifica- tior. of information or material under this order, except as such authoiity mar be spetificii:1!,. runt up0/1 ,..ueh OCV Cl,!1111 ilercaftt?I.' SEC 2. My memoranda of Nov,?rni,er 5, PS3. and !-lay '7, 1959 .24 F It 3772, um! lOt memorandum of March 9. 09t30 '25 ',417?, are hercoy revoked DIAIGHT P ErsENIIONVE.11 THE WHITE HOUSE, lanizary 9, 1961 114.1? D, 61 27`A. Filed .100 11 1961' f,.-1.7 Executive Order 10902 PROVIDING FOR THE ISSUANCE OF EMERGENCY PREPAREDNESS OR- DERS BY THE DIRECTOR OF THE OFFICE OF CIVIL AND DEFENSE MOBILIZATION By virtue of the authority vested in me by the provisions of Reorganization Plan No. 1 of 1958 t72 Stat. 1799,, the Defense Production Act of 1950. as amended (50 LT,S.C. APP. 2061 et seq.', and section 301. of title 3 of the United States Code, and as President, of the United States. it is hereby 01-clereft as folio's a: SECTION 1. In connection with curry- ing out the functions delegated or other- wise assigned to hint by the provisions of Executive Ortier No. 10773 of July 1. 1958. as amended by F.xecutrve Orcit r No 10782 of September 6, 1958, or by the provisions of other orders thereby amended, the Director of the Office of Civil and Defense Mobilization shall es- v.n, tablish a series of civil-defense and de- fense-mobilization planning assignments d. P; ? veto' t ti tilsk lino :11:1,1 .1, . (1v1s;o1 ? there left ; iection and el, tilc '31! . lit:(..11,9 1):L/'.11 1, Z.i5C , Nal Iona! 1...,1 fense Mobilization 517a17 be ton: `..1 .0. 7.! corifering to ran any plan procedui e. policy. tsp IC Is-I oc.urse oi velopcd pursuant te this orde, National P!an Li\vit.Iar 1) Eri'r'ia- 1 or \?!-.111. -SE. 9, 196! I, _ .51.1 t.G.1 , Executive 0:1101 10903 DELEGATING AUTHORITY THE PRESIDENT WITH 'F.:SPE( RSC MATIONS ktLATIoG Tr CERT ALLOWANCES At,) 13: .ffIrt '0 GOVERN/AP rER SC' 'NEL nts! OVERSEAS LAITN By virtu, of the 3.1Stka' it, =its ? me ny section nl of title of Pa States Code, sectio, 303 tU. Service Act of 194S t22 944 ar..c. various provisions of laic Aced it: body of this order, a:A as .ereattli-it the United States, it is nen-by mdere, follows! SECTION 1. The Secretary of 81.'.4e hereby designated iti,d empov erre!. ; perform the followin -descriti, -I hin Lions ..vithout the approval, ratific or other action of the prystden, a The audio:IQ. ',.e!,'ed in t, dent by iwciion 111,3i of it; s.,..,;?si- Difl,:entials and Alicia an, es At ? 4 slat 792, t;i :ming tit !ern: "emplc. b ? T! watt vestor-d in 1 dent. of the ")? .se Differentlais anti A:. is stares At. scribe regulation.. inchicif:-, the -mgt.. -- tions referred to In sec 4..-- 202. 213. 221.4. i triat v1.411111 yespectircly, e'er: elitie,t of r- Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 1117 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 ExeCufh.,-; AMENDMENT OF EXECUTIVE YOIDER NO. 10501 OF NOVEMBER 5, 1953, RELATING TO SAFEGUARD- ING OFFICIAL INFORMATION IN THE INTERESTS OF THE DEFENSE OF THE UNITED STATES By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, and deeming such action necessary in the best interests of the national security, It is hereby ordered GS follows: Executive Order No. 10501 of Novem- ber 5, 1953. relating to safeguarding ?M- etal Information in the interests of the defense of the United States, is hereby amended as follows: 1. Section 4 is amended by adding a new subparagraph at the end thereof. as follows: "(1) Departments anti agencies which do not have authority for original clas- sification. The provisions of this section relating to the declassification of defense material shall apply to departments or agencies which do not, under the terms of this order, have authority for original classification of material, but which have formerly classified material pursuant to Executive Order No. 10290 of September 24, 1951." 2. Section 15 is amended by addine a new subparagraph at the end thereof, as fellows: ?Historical Research. As an excep- tion to the standard for access prescribed in the first sentence of section 7, but subject to all other provisions of this order, the head of an agency may permit Persona outside the executive branch performing functions in connection with historical research projects to have ac- cess to classified defense information originated within his agency if he deter- mines that: (a) access to the informa- I 113 P.R. 7049; 8 CFR, 1949-1053 Comp., p 979. +qty..) eon i?E *Ali consistent v.-10 the in - sr44rs of ri Cs en sf defense. and (b) the furileol A* be evAdted grime: is trust- vioNii?vi ?rev to60: that the head of the agency shall take appropriate steps to assure that, classified Information is not published or otherwise compromised." 3. The first sentence of subparagraph (d) of section (I is amended to read as follows: "Confidential defense material shall be transmitted within the continental United States by one of the means estab- lished for higher classifications, by rag- IL' c?..-ed, certified or first-class mall, or by express or freight under such condi- tions as may be prescribed by the head of the department or agency concerned." DWIGHT D. ETSENHOW-ri) THE WHITE HOUSE., May 7. 1959. ; F.F2 Doc 59-4018: foSied, Mey 8 1959: 2:35 p.m.) Memorandum of May 7, 1959 (DEPARTMENTS AND AGENCIES SUB- JECT TO THE LIMITATIONS SPEC)- FIED IN SECTION 2 OF E.O. 105011 Memorandum for the Heads of AIL De- partments and Agencies of the Gov- ernment My memorandum to you of November 5, 1953, relating to Executive Order No. 10501 of the same date is supplemented by adding to the enumeration of dePert- meats and agencies under the heading "Original Classification Authority Elimi- nated" the following agencies: 29. Farm Credit Administration 30. Federal Coal Mine Safety Board of Review Dvitour D. Etsetruoweit THE Wtrrrx House, May 7, 1959. Norm: The text of the memorandum of November 5, 1953, le est forth below. (Continued on p.3779) Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 connection with combat or combat-related operations as the Secretary of Defense may by regulations prescribe. Section 15. EXCEPTIONAL CASES When, in an exceptional case, a person or agency not authorized to classify defense information originates information which is believed to require classifica- tion, such person or agency shall protect that information in the manner prescribed by this order for that category of classified defense information into which it is believed to fall, and shall transmit the information forthwith, under appropriate safeguards, to the department, agency or person having both the authority to classify information and a direct official interest in the informative (preferably, that de- partment. agency, or person to which the information would be transmitted in the ordinary course of business), with a request that such department, agency, or per son classify the information. Section 16. REVIEW TO INSURE THAT INFORMATION IS NOT IMPROPERLY WITHHELD HEREUNDER. The President shall designate &member of his staff who shall receive, consider, and take action upon, suggestions or complaints from non-Governmental sources relating to the operation of this order. Section 17. REVIEW TO INSURE SAFEGUARDING OF CLASSIFIED DEFENSE INFORMATION The National Security Council shall conduct a continuing review of the imple- mentation of this order to insure that classified defense information is properly safeguarded, in conformity herewith. Section 18. REVIEW WITHIN DEPARTMENTS AND AGENCIES The head of each department and agency shall designate a member or members of hs staff who shall conduct a continuing review of the implementation of this order within the department or agency concerned to insure that no information is withheld hereunder which the people of the United States have a right to know, and to insure that classified defense information is properly safeguarded in conformity herewith. Section 19. REVOCATION OF EXECUTIVE ORDER NO. 10290 Executive Order No. 10290 of September 24. 1951 is revoked as of the effective date of this order. Section 20. EFFECTIVE DATE This order shall become effective on December 15, 1953. DWIGHT D. EISENHOWER THE WHITE HOUSE, November 5, 1953. -2/11411 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Section 9. DISPOSAL AND DESTROCTION ' 4 4. Documentary record 'material made or received-by a department or agency in connection with transaction of public business andlireserved as evidenCe-isf.the or- ganization', functions, policies, operations, decisions, procedures or other activities of any department or agency of. the Governtnatit4-or because of the informational value of the data contained therein, may be destroyed only in accordance with the act of July 7, 1943, c. 192, 57 Stato 380; as amended; 44 11.S.C.. 366-380. Non?record -classified material, consisting of txtra copies and duplicates including-shorthand notes, preliminary drafts, used carbon paper, and ether material ,of sinigilaiPtemt. porary nature, may be destroyed, under procedures established by the head of the department or agency which meet the following requirementiii. as ?acion as it has served its purpose: ' '.?43.8.C70 ?4. 0.? Lki;1`.6. 1'. 5 III ' (a) Methods of Destruction: Classified defense Material shall be destroyed by.burning in the presence ofan appropriate-attic tat Or by other methods author- ?' iced by the head of an agency providet.theresislting destiuctioniaPequally ,-camplete, . 44- ".P.3; ,.:.?? e /rid (b) Records of Destruction: AppruprtecduntAbuttyre?dsmainta1ned in the department or agency shall reflect the destruction of classified defense material. r),1T r 1.2 4.41 Section 10. ORIENTATION AND INSPECTION- t. ? ty..m To promote the basic purposes of this order, heads of those departments and agencies originating or handling classified defenee 'information shaltdesignate ex- perienced persons to coordinate and superviee'the^sativitieir applikableto their de- partments or agencies under this order. Person. sofdesignated:f *hall maintain, active training and orientation programs for employees concerned with classified defense information to impress each such employee with his individual responsibility for exercising vigilance and care in complying with the provisions- of this order. Such persons eihall be authorised on behalf of the heads of the departments and agencies ,to establish adequate and active inspection progratne to.the end emit the provisions of this order are administered effectively. - ? 47 Section 11. INTERPRETATION OF REGULAT1ONSBY THE ATTCHINEY GENERAL ''.`9.? 7 , 1.7-1+ 14 At. C 1.The Attorney General. :upon request ofthe headiVif cdepartnaent or agency or his idulsrliesignated represetititive,-shall personnally or through.acitherised repre- sentatives of the Department Of Justice render an inteltzetation Of these regulations ? in connection with any problems -arisineouVoi?their ? ?; vIcubz! rti .t? InityiP1-1,tr" ? Ill Section 12. STATUTORYREQUIREMENTS fA7if,L .7:11 tt " r; 1.P4!jT -111.1 t.t.a.11 VitiTt t31'1119-..7-111 t't -:Nothing. in this order shall be construed toeuthontee theidteserninationv handling: or transmission of classified information contrary to the provisions of-anf Statute. .- -/SectIca 13. "RESTRICTED DATA" AS DEFINEDAAMHEA10121C.ENERGY ACT 5,4 ' .4:--a4A Nothing- in this order ,shall supersede s.ntr/risquirementsaniiii`*or gander the.:, _ Atomic' Energy Act 'of?Aitgtist'$1,-,-1946;' as antendea.VtReetrictedliate'insdefinek; :by the said actehallte' handled,. protected, elisseitlide.4oiragrado. a, niut-deelassified In cenfOrmity with the provisions of 4the lAtomicr giei*gy Act Of 1946.. al Tantended.. and the regulations of the Atomic Energy Conamission. 11t,t4cy.: n(-cn/lcifi.air',41-A it K. Section ,14. COMBAT,OP ttrzi ? C. *#11? :?f44.'i 1...-3r. 41 I -fe -.The provisions of -thief order -with regard toedisserniziationiitratuanisidon.. or safekeeping of classified defense information or material martingsoontodifled in- Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 outside the receiving department or agency without the consent of the originating department or agency. Documents and material containing defense information which are classified Top Secret or Secret shall not be reproduced without the consent of the originating department or agency. Section 8. TRANSMISSION For transmission outside of a department or agency, classified defense material of the three categories originated under the provisions of-this order shall be prer pared. and transmitted as follows: (a) Preparation for Transmission: Such material shall be enclosed in opaque inner and outer covers. The inner cover shall be sealed wrapper-or envelope plainly marked with the assigned classification and address. The outer cover shall be sealed and addressed with no indication of the classification of its contents. A receipt form shall be attached to or enclosed in the inner.cover, except that Confidential material shall require &receipt only if the sender deems it necessary.. The receipt form shall identify the addressor, addressee, and the document, but shall contain no classified information. It shall be signed by the proper recipient and returned to the sender. (b) Transmitting Top Secret Material: The transmission of Top Secret material shall be effected preferably by direct contact of officials concerned, or, alternatively, by specifically designated personnel. by State Department diplo- matic pouch, by a messenger-courier system especially created for that pur- pose, or by electric means in encrypted form; or in the case of information transmitted by the Federal Bureau of Investigation, such means of transmission may be used as are currently approved by the Director. Federal Bureau of In- vestigation, unless express reservation to the contrary is made in exceptional cases by the originating agency. , (c) Transmitting Secret Material: Secret material shall be transmitted within the continental United States by one of the means established for Top Secret material. by au authorized courier, by United States-registered mail, or by protected commercial express, air or surface. Secret_uutterial may be transmitted outside the continental limits of the United States by one of the means established for Top Secret material. by ,cOmmandere or masters of vessels of United States registry, or by United States Post Office registered mail through ,Army, ,Navy, or Air Force postal, facilities, provided that the material does not at any time pass out of United States Government control and does not pass through a foreign postal system. Secret material may, however, be transmitted between United States Government and/or Canadian Government Installations in continental United States, Canada. and Alaska by United States and Canadian registered Mail With registered nail receipt. In an emergency, Secret material may also be transmitted over military communications circuits ? in accordance with regulations promulgated for.suck,purpose by the .Secretary ? of Defense. : 4.4 " (d).Traiiistrattingk: Confidential Miteriai:AlConfidentiel -defenste matertal shall be transmitted within the United States by one of the means established for ?higher classifications. by 1,-egistered mail; or by express or ireightsungter, such, 1 specific conditions as may be prescribed by the head of,the-Alepartrnent'urigsncy ?? _concerned. Outside the continental ,United?StatesiConfidentialdefeuse material shall ,laes Awls matted in the same manner as authorized-for higher cairsWcations. (e) Within an Agency: Preparation of classified defense material for trans- mission and transmission of It, within a department or agency shall be governed by regulations, issued by the head of the department or agency, insuring a degree of'security-equivalent to that outlined above for transmission.outsidi a depart- meat or agency. ? - - ? II. 7 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005/11/28: CIA-RDP82M00097R000300070008-4 , whenever the combination has been subjected to compromise, and at least once every year. Knowledge of combinations shallbelimited to the minimum number - of persons necessary for operating purposes. Re-cords of combinations shall be classified no lower than the highest category of classified defense material authorized for storage in the safekeeping equipment concerned. (e) Custodian' a Re $ pone ibilitie s: Custodians of classified defense material shall be responsible for providing the best possible protection and accountability for such material at all times and particularly for securely locking classified material in approved safekeeping equipment whenever it is not in use or under direct supervision of authorized employees. Custodians shall follow procedures which insure that unauthorized persons do not gain'access to-classified defense Information or material by sight or sound, and classified information shall not be discussed with or in the presence of unauthorized persons. (f) Telephone Conversations: Defense information classified in the three categories under the provisions, of this order shallnot be revealed in telephone conversations, except as may be authorized under section 8 hereof with respect to the transmission of Secret and Confidential material over certain military communications circuits. 1; ? (g) Loss or Subjection to-Compromise: Ahypersoninthe executive branch who has knowledge of the loss or possible subjection to compromise of classified defense information shall promptly report the circumstances to a designated official of his agency, and the latter shall take Appropriate action forthwith, in- cluding advice to the originating department or agency. Section 7. ACCOUNTABILITY AND DISSEMINATION Knowledge or possession of classified defense information shall be permitted only to persons whose official duties require such access in the interest of promoting national defense and only if they have been determined to be trustworthy. Proper control of dissemination of classified defense information shall be maintained at all times, including good accountability records of classifieddefenee information docu- ments, and.severe limitation on the number of such docutne.nts- originated as wall as the number of copies thereof reproduced. The number of copies of classified defense information documents shall be kept to a. minimum to decrease the risk of compro- mise of the information contained in such documentsand the financial burden on the Government in protecting such documents. The following special rules shall be ob- served in connection with accountability for and dissemination of defense information or material: .? (a) Accountability Procedures: Heads of departments and agencies shall prescribe such accountability procedures as are-necessawtocontrol effectively the-dissemination of classified defense inform:titian. With particularly-severe.. .4-control on material classified Top Secret under this-order. Top Secret Control c. Officers-- shall be designated, as required, to receive, maintain accountability. -relisters of, and dispatch, Top Secret ,nosasrial. ,.1t," =a ? ' r lt`f (b) Dissemination Outside the Executive Branch: Classified defense information shall mot be disseminated outside the executive branch except, under con-, r ditions and through channels authorized Abi the .head dthe-disseminating department or agency, even though the person-or agency to which dissemination of such information is proposed to be made -may havelbeen solely or partly responsible for its production. , 1 ?,, ? AJc. (c) Information Originating iziAnOtker Denis?intent' Eimept as otherwise provided by section 402 of the Natiorudfiecurity Act,of-July 264_1947, c._ 343, .11, I Star*. 498. as amended, 50 U.S.C: sec. 404telassified defense infornia- .rtion,- originating 4.n another department or? agency shall not be disseminated 6 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 Approved For Release 2005/11/28 : CIA-RDP82M00097R000300070008-4 ? (h)- Change or Removal of Classification: Whenever classified material ? declassified, downgraded, or upgraded, the material shall be marked or stamped in a prominent place to reflect the change in classification, the author- - ity for the .action, the date of action, and the identity of the person or unit taking the action. In addition, the old classification marking shall be cancelled and the new classification (if any) substituted therefor. Automatic change in clas- sification shall be indicated by the appropriate classifying authority through marking or stamping in a prominent place to reflect information specified in - subsection 4(a) hereof. (i) Material Furnished Persons not in the Executive Branch of the Gov- ernment:, When classified material affecting the national defense is furnished authorized persons, in or out of Federal service, other than those in the ex- ecutive branch, the following notation, in addition to the assigned classification marking, shall whenever practicable be placed onthe material, on its container, -or son 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 laws, Title 18 ,-U.S.C., Secs. 793 and 794, the transmission or revelation of which in any manner to an unauthorized person is prohibited hy law." Use of alternative marking concerning "Restricted Data" ,-aa defined by the Atomic Energy Act is authorized when appropriate. Section 6. CUSTODY AND SAFEKEEPING. The possession or use of classified defense information or material shall be limited to locations where facilities for secure storage or protection thereof are available by means of which unauthorized persons are prevented from gaining access thereto. Whenever such information or material is not under the personal super. vision of its custodian, whether during or outside of working hours, the following physical or mechanical means shall be taken to protect it: . ? ' ? (a) Storage-10f Top Secret Material: Top Secret defense material shall be protected in ,storage by the most secure facilities possible. Normally it will - be stored in a safe or a safe-type steel file container having a three-position, dial-type, combination lock, and being of such weight, size, construetion, or installation as to minimize the possibility of surreptitious entry, physical theft, ? damage by fire, or tampering. The head of a department or agency may approve other-storage facilities for this material which offer comparable or better pro- tection, such as an alarmed area, a vault, a secure vault-type room, or an area under close surveillance of an armed guard. (b) Secret'and Confidential-Material: These categories of defensematerial ? - may be stored in a manner authorized for Top Secret material, or in. metal file cabinets equipped, with -steel lockbar and an approved three combination dial- type padlock from which' the manufacturer's identification numbers have been obliterated, or in comparably secure facilities approved by the head,ofithe de- partment or agency. ? ? ? ? (c),, Other Classified Material: Heads of departments and Agendies shall prescribe sttch protective facilities as may be necessary intheir.departinents or agencies for material originating under statutory provisions