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for that company and that the company assumes full responsibility for the actions of the agent.
$ 804.205 Violation of regulations. Any agent may be barred by a commander for violation of regulations. When such action is taken, commanders will cooperate with appropriate state officials and bring the facts of the violation to their attention. A complete and impartial investigation will be made. When possible, the agent concerned will be afforded an opportunity to be heard. The results of the investigation will be forwarded to the Director of Military Personnel, Headquarters USAF, through appropriate command channels.
AUTHORITY: §§ 805.1 to 805.61 issued under R. S. 161, sec. 202, 61 Stat. 500, as amended; 5 U. S. C. 22, 171a. Interpret or apply sec. 10, 44 Stat. 787; 10 U. S. C. 310.
SOURCE: 805.1 to 805.22 appear at 14 F. R. 1929, Apr. 21, 1949, except as otherwise noted.
§ 805.1 Purpose. The regulations in this part prescribe policies and procedures for the safeguarding of military information which requires protection and to achieve uniformity in the grading and assignment of classification.
§ 805.2 Definitions. For the purpose of the regulations in this part, the following definitions will apply:
(a) Classified matter. Information or material in any form or of any nature which in the public interest must be safeguarded in the manner and to the extent required by its importance.
(b) Document. Any recorded information regardless of its physical form or characteristics, and includes but is not limited to the following:
(1) All written material whether handwritten, printed, or typed.
(2) All painted, drawn, or engraved material.
(3) All sound or voice recordings. (4) All printed photographs and exposed or printed film, still or moving.
(5) All reproductions of the foregoing by whatever process.
(c) Foreign nationals. All persons not citizens of the United States, and all citizens of the United States who are acting either in the United States or in a foreign country as representatives, officials, or employees of a foreign government, firm, corporation, or individual.
(d) Material. Any document, product, or material on or in which information may be recorded or embodied.
Any article, substance, or apparatus. It comprises military arms, armament, and equipment, both complete and in process of research, development, experimentation, and construction, and includes elements, components, accessories, models, fixtures, mock-ups, jigs, and dies associated therewith.
(f) Military information. All information (including intelligence) under the control and jurisdiction of the Department of the Air Force or of primary interest to it. This meaning rests primarily on the idea of control, jurisdiction, origin, or degree of interest, rather than on substance of the information.
(g) Munitions of war. Any and all items required for war, inclusive of food as well as all other supplies and equipment, but exclusive of manpower.
(h) Security. The protected condition of classified matter which prevents unauthorized persons from obtaining information of direct or indirect military value. It is a condition which results from the establishment and maintenance of protective measures which insure a state of inviolability from hostile acts or influences.
(i) Theater of operations. A term used to designate that portion of a theater of war necessary for military operations, either offensive or defensive, pursuant to an assigned mission, and for the administration incident to such military operations. Theater limits are usually designated by competent authority. An inactive theater of operations is one in which organized enemy resistance has ceased. Normally, competent authority will announce when a theater of operations becomes inactive.
(j) Top secret matter. Information and material (matter), the security aspect of which is paramount, and the unauthorized disclosure of which would cause exceptionally grave damage to the Nation.
(k) Secret matter. Information and material (matter), the unauthorized disclosure of which would endanger National security, cause serious injury to the interest or prestige of the Nation, or would be of great advantage to a foreign nation.
(1) Confidential matter. Information and material (matter), the unauthorized disclosure of which would be prejudicial to the interests or prestige of the Nation
or would cause unwarranted injury to an individual, or be of advantage to a foreign nation.
(m) Restricted matter. Information and material (matter) which requires security protection, other than that determined to be top secret, secret, or confidential. (The term "restricted" used in the regulations in this part as a military security classification is not to be confused with the term "restricted data" as defined in the Atomic Energy Act of 1946 (60 Stat. 755; 42 U. S. C. 1801-1819).)
§ 805.3 Responsibility—(a) Individual. The safeguarding of classified military information is the responsibility of all military personnel, civilian employees of the Department of the Air Force, and of management and employees of all commercial firms engaged in classified work or projects for the Department of the Air Force.
(b) Air Force representatives. Air Force representatives are the local representatives of the Department of the Air Force, and will take the necessary measures to insure the safeguarding of classified matter in the hands of contractors and subcontractors or in the process of manufacture in their plants. Air Force representatives will advise contractors and subcontractors as to their responsibilities and the practical measures to be taken to safeguard classified matter.
(c) Government contractors. A private individual, firm, or corporation which enters into a contract to engage in work for the Department of the Air Force becomes responsible in matters within his or its control for the safeguarding of all classified matter received or developed in connection therewith. Contractors are also responsible that all classified projects allotted to subcontractors or agents are fully protected by a security agreement. A clause to this effect will be included in all contracts, but its omission will not release the contractor or subcontractor from responsibility under the Espionage Laws and other pertinent laws.
§ 805.4 Authority to classify—(a) Top secret and secret. Matter may be classified as top secret or secret only by or by authority of the Secretary, Under Secretary, or an assistant Secretary of the Air Force; the Chief of Staff; commanding generals of major air commands and
major subdivisions thereof; commanding generals or commanding officers of numbered air forces, independent commands, services, Air Force bases, air divisions, wings, groups, or depots; chiefs of air missions; air Attachés; air Observers; or general officers.
(b) Confidential and restricted. Matter may be classified as confidential or restricted by or by authority of those named in paragraph (a) of this section, or by a commissioned officer.
(c) Designation of persons to classify. The designation of persons within a headquarters, unit, or other activity to classify or downgrade matter within such agencies will be made in writing by authorities listed in paragraph (a) of this section.
(d) Changes in classification. The authority making the original classification, the authority that has succeeded or assumed the functions of the original authority which no longer exists, or higher authority within the same chain of command, may cancel or change the classification of a document or article of matériel.
§ 805.5 Precautions necessary for safeguarding—(a) Discussions. (1) The discussion of classified military information, either public or private, with or in the presence or hearing of any person not authorized to have knowledge thereof, is strictly forbidden. Care must be exercised at all times not only to refrain from discussing classified military information with or in the presence or hearing of unauthorized persons, but also to prevent inspection of or access to such information by unauthorized persons.
(2) When classified military information is discussed with persons who are not subject to military law or employed within the Department of Defense, they will be informed that it affects the National defense of the United States within the meaning of the Espionage Laws and that its revelation to an unauthorized person is prohibited by law.
(b) Telephone conversations. Information classified higher than restricted will not be discussed over the telephone. Restricted matter may be discussed over the telephone with authorized persons when necessary in the conduct of official business. In addition, restricted messages discussed over the telephone must be paraphrased unless the nota
tion "Paraphrase not required" appears on the message. It is permissible to make reference over the telephone to material in the higher categories, provided such references do not, in the course of the conversation, reveal the substance of those portions of the material under discussion which are so classified. Reference to file numbers, dates, and subject (provided the subject itself is not classified higher than restricted) may be made over the telephone, but great care will be exercised not to reveal substantive matter classified higher than restricted.
(c) Personal correspondence. Classified military information will not be included in personal correspondence or messages.
(d) Commercial publications. The inclusion of classified military information in any article, thesis, book, or other product written for publication, distribution, or use beyond the control of the Department of the Air Force by military or civilian personnel of the Department of the Air Force, is prohibited. The contribution in any manner of classified military information by Department of the Air Force military or civilian personnel to other persons for use in publications described above constitutes unauthorized disclosure of classified military information and is expressly prohibited. These prohibitions apply equally to management and employees of commercial firms engaged in classified work for the Department of the Air Force.
(e) Legal instruments. The disclosure of a place of execution or acknowledgement on a legal instrument by one in or with the armed forces overseas is authorized: Provided, That in wartime the military necessity for secrecy of strength and location of troops does not require suppression of such information, the execution of the instrument cannot be deferred without undue hardship, and the information disclosed will be of no substantial value to the enemy when and if it may reach him.
(f) Rescission. Classified documents which have been rescinded or superseded will be afforded the protection required for their category until destroyed.
§ 805.6 Access to classified matter. No person is entitled solely by virtue of his grade or position to knowledge or possession of classified matter. Such matter will be entrusted only to those individuals whose official military or other
Governmental duties require such knowledge or possession. This principle applies equally to command control over the dissemination or distribution of classified matter as well as to individual discussions.
§ 805.7 Dissemination—(a) To civilian requesters—(1) General. Classified military information of primary interest to the Department of the Air Force may be released as hereinafter set forth to private individuals, firms, corporations, organizations, and Federal or State agencies: Provided, That possession of the information by these persons or agencies is necessary for the performance of an official military or other governmental function. A receipt will be obtained when documents are released to persons or agencies referred to in this section.
(2) Military and Reserve personnel. For the purpose of this paragraph, military personnel on active duty, military personnel in retired status, and members of the Reserve Forces who request access to classified matter for personal or commercial purposes will be considered as "private individuals” in accordance with policy of the Department of Defense.
(b) Action on requests. All requests for classified military information from persons or agencies referred to in paragraph (a) of this section, and all proposals originating within the Department of the Air Force to release classified information to such persons or agencies will be forwarded for necessary action to the Director of Intelligence, Headquarters United States Air Force, except as otherwise hereinafter set forth, or as otherwise specifically directed in separate regulations:
(1) Congressional requests. (i) All requests by the Congress, its committees or members for classified military information will be referred to the Secretary of the Air Force, Attention: Director of Legislation and Liaison.
(ii) Congressional requests for personnel records, unclassified routine papers, such as Civil Service Form 57, records of promotion, efficiency ratings, and letters of recommendation of present or former employees of the Department of the Air Force, should be in writing. The Director of Legislation and Liaison will assemble the data requested, insure the propriety of its release, inform the committee or individual Congressman con
cerned when the data is available, and arrange a time and place for its perusal. Photostatic copies of selected papers will be furnished in place of the original documents.
(iii) Any request for information relating to the loyalty of any present, former, or prospective employees, including investigative data of any type, will be respectfully declined on the basis of the Directive of the President, March 13, 1948 (13 F. R. 1359; 3 CFR, 1948 Supp., p. 475). Information of this nature will not be released without the consent of the Secretary of the Air Force.
(2) Testimony before committees of the Government. (i) Whenever a person under the jurisdiction of the Department of the Air Force appears before a committee of the Congress or executive commission, board, committee, or similar group in either executive or public session, and is called upon to give testimony which includes information classified top secret, secret, or confidential, he will not divulge the information unless he has been authorized by the Secretary of the Air Force to do so. The Secretary of the Air Force, from time to time, may authorize certain officers or other persons to disclose this information without his specific prior approval. Any person, when called upon to testify, will immediately endeavor to obtain necessary authority from the Secretary of the Air Force to divulge information which he anticipates will be desired. If he does not have the authority to give such information, he will respectfully state to the committee that he is not authorized to disclose the information desired and that he will endeavor to obtain the necessary authority. When a person is requested to give testimony including information classified top secret, secret, or confidential, which he has been authorized by the Secretary of the Air Force to give, or information classified as restricted, he will respectfully request that the testimony be given in executive session only and not appear in the record of hearings, the Congressional Record, or other document open to public inspection.
(ii) With regard to the policies and facts which the public interest does not require to be kept classified, Air Force personnel are entirely free to testify concerning their opinions and beliefs when requested to appear or summoned before Congressional committees.
(3) Activities involving industrial mobilization. Applications for information or records originated at the request of the Department of the Air Force for its use in connection with the mobilization of matériel and industrial organizations essential to wartime needs will be referred to the Under Secretary of the Air Force for necessary action. The service of any process or subpoena for the production of any such record will be reported immediately by the person on whom it is served to the United States Attorney for the district in which the service is made, and, at the same time, directly to the Under Secretary of the Air Force. Pending instructions from the Under Secretary of the Air Force, the requested information will not be furnished.
(4) Contractors. Commanding generals, major air commands, are responsible for the release of classified military information to Air Force contractors under their supervision or control who require it in the performance of specific contracts, in accordance with the applicable provisions of § 805.8.
(c) Foreign nationals-(1) General. Exchanges of classified or unclassified military information with foreign nationals or governments will be made only through or with the express permission of the Chief of Staff, United States Air Force. Except as otherwise authorized in specific instructions furnished to interested commands or offices, requests received from foreign nationals or governments for military information, and all proposals originating within the Department of the Air Force to disclose military information to them, will be forwarded for necessary action through military channels to the Director of Intelligence, Headquarters United States Air Force. Requests so forwarded will include specific comments and recommendations by each commander as to whether the information should be disclosed.
(2) Attachment and official visits. Only the Chief of Staff, United States Air Force is authorized to make commitments to receive foreign nationals at Air Force installations, facilities, or other activities as visitors for official purposes, as observers or students, or for training or liaison purposes. The Chief of Staff, United States Air Force, will issue the necessary letter orders or other instructions in writing to the commander concerned attaching foreign nationals to
specific courses or units or authorizing officials visits as may be appropriate. Personnel attached to an installation may visit another installation whenever necessary in the authorized course of instruction or performance of assigned duty upon approval of the commander of the installation to be visited.
(3) Disclosure of information by commanders. Authority to disclose military information to accomplish the purpose of the attachment or visit of each foreign national will be included in detail in the orders or other written instructions to commanders concerned. Such instructions will be as specific as possible concerning security classification category and subject matter. Commanders will take positive maesures to restrict access to military information by foreign nationals to that specifically authorized.
(4) Release of documents to students. . Commandants of Air Force schools may permit foreign nationals attached to their commands for instructional purpose to retain permanently unclassified matter and documents classified Restricted which are used by them as a part of the course of instruction.
[14 F. R. 1929, Apr. 21, 1949, as amended at 14 F. R. 2695, Apr. 25, 1949; 15 F. R. 4942, Aug. 2, 1950; 16 F. R. 2024, Mar. 3, 1951; 16 F. R. 2869, Apr. 3, 1951]
§ 805.8 Invitations for bids and contracts. (a) In order to prevent the release of any classified information to a prospective bidder, subbidder, contractor, or subcontractor, prior to adequate check of facilities of interest to contracting agencies of the Department of the Air Force, clearance will be obtained in accordance with §§ 805.31 to 805.38. After clearance has been granted, and prior to furnishing a prospective bidder, subbidder, contractor, or subcontractor with drawings, specifications, or other classified information concerning any project or projects of a classified nature, a general security agreement will be signed by the individual or by a responsible officer on behalf of the firm or corporation concerned. The execution of the general security agreement with any individual, firm, or corporation will be in force so long as the individual, firm, or corporation retains possession of classified matter, and will constitute authority for delivery to such individual, firm, or corporation from time to time of other or additional classified information re