less than 48 hours after dispatch of report to The Adjutant General by the oversea commander, unless definite information is available that notification to the emergency addressee or next of kin has been accomplished. (3) In those cases where local civil authorities have released the names of deceased personnel, theater commanders of military assistance advisory groups, military missions, or other Army organizations not under theater commands, may authorize release or confirmation. Such action will be taken only when necessary to preserve good press relations, and must be simultaneously reported to the Chief of Information and Education, Department of the Army. § 504.12 Release of aerial photographs. (a) Even though unclassified, official aerial photographs of military installations and other possible target areas will not be publicly released except as authorized by appropriate Department of the Army or Department of Defense authority. Requests for exceptions to this policy will be referred to the Chief of Information and Education, Department of the Army. In addition to this restriction on the release of such official aerial photographs, commanders will, when called upon for such advice by media, recommend against the taking or publishing by news media of aerial photographs of military installations and other possible target areas, stressing that compliance with this recommendation is voluntary but desirable in the interests of national security. (b) The photographing of vital (classified) military installations without the permission of the commander of the installation concerned is punishable by law. The reproduction, publication, or sale of an aerial photograph of such installations is also an offense punishable by law unless such a photograph indicates it has been reviewed and cleared for release by the authority competent to accomplish the security review thereof (see Title 18, United States Code, Sections 795, 796, and 797, as implemented by Executive Order No. 10104, February 1, 1950, 3 CFR, 1950 Supp.). Where recourse to legal authority becomes necessary in connection with such requests, guidance should be obtained from the staff judge advocate or other legal officer of the command or installation concerned. As § 504.13 Release of information concerning activation, reactivation, or inactivation of military installations. security restrictions permit, accurate and timely information concerning activation, reactivation, or inactivation of military installations will be released at Department of the Army level. Release to Members of Congress will be made by the Chief of Legislative Liaison in advance of release to the public. After the Congress has been notified, the releases will be made through normal public information channels through the Office of Public Information, Department of Defense. § 504.14 Use by Department of the Army of personal letters or communications. Generally the writer of a personal letter or communication expects that the contents will be treated in a personal and confidential manner, or at least not released to the public. Therefore, in every case where it is proposed to release a letter or communication to the public, the consent of the writer thereof will be obtained in writing in advance of the release. In the event the writer is deceased, the written consent of the personal representative or the nearest of kin, as appropriate, will be obtained. In those cases where compliance with this policy is impracticable, request for exception will be submitted to the Department of the Army for determination. § 504.15 Release of information regarding travel by very important persons (VIPs) — (a) Definition. A very important person (VIP) is defined as an individual (civilian official, ranking member of an armed service, foreign government head, etc.) whose position is of such importance that his travels are of especial interest to public information media representatives. (b) General. Normally there is no reason to classify the movement of VIPS. Unnecessary classification of the movement of VIPs, traveling in military aircraft, vessels, or other conveyances, or arriving at military bases results in conflicts with media representatives with consequent embarrassment to the Department of Defense and the military departments. (c) Policy. (1) The movement of VIPs will not be classified, except where required in the interest of national security, or where it is deemed that adverse foreign reaction will result if information regarding the movement is released. Classification is authorized only when directed by the Secretary of the Army or the Secretaries of other military departments concerned, the Secretary of State or the Secretary of Defense, or higher authority. (2) Itineraries of VIPs will be released in advance to commanders of installations and activities concerned, and normal media relations will be observed. (3) Where the movement is not classified but the VIP does not desire media coverage, every effort will be made to comply with his wishes. $504.16 Photography at courts-martial. (a) Department of the Army policy prohibits the photographing of prisoners, except for official purposes. Disregard of this policy could subject the Army to criticism on grounds of defamation, embarrassment, mental anguish, and similar charges. (b) In cases of national public interest in matters of a nonclassified nature, certain photography in connection with court-martial is permitted. (c) On receipt of requests from news media for permission to take photographs during the period of a trial by court-martial, commanders will be guided by the following: (1) Photography of the interior of the courtroom may be permitted when personnel involved in the proceedings are not physically present therein. (2) During the period of the trial, photography of the accused may be permitted at such times as he is out-ofdoors in public view. At their option, members of the court or the accused, may be photographed in the room or rooms assigned to the press. Any photography of the accused will be accomplished only under appropriate circumstances. never in a courtroom, cell, cellblock, prison yard, or like area. A military prisoner will not be photographed when other prisoners are present nor be forced to pose for photographs, except for official purposes. Any photography permitted I will not impede or interfere with the progress of the trial. Part 505-Safeguarding Defense of § 505.2 Basis. The regulations this part implement, within the Department of the Army, Executive Order 10501 (3 CFR, 1953 Supp.), subject: Safeguarding Official Information in the Interests of the Defense of the United States, dated November 5, 1953 (18 F. R. 7049), and incorporates changes in security policy and emphasis prescribed by the Department of Defense. [23 F. R. 6446, Aug. 21, 1958] § 505.3 Statutory requirements. Nothing in the regulations of this part will be construed to authorize the dissemination, handling or transmission of defense information contrary to the provisions of any statute. [23 F. R. 6446, Aug. 21, 1958] § 505.4 Application. (a) The application of the regulations of this part shall be based upon the following fundamental principles: 1 Revoked. (1) It is essential that certain official information receive a high degree of protection in order that the ability of the United States to protect itself against all hostile or destructive action be preserved. (2) It is also essential that the citizens of the United States be informed to the greatest extent consistent with subparagraph (1) of this paragraph concerning the activities of their Government. (3) Nothing in the regulations of this part shall be deemed to authorize the withholding of information, otherwise releasable, because its release might tend to reveal administrative error or inefficiency, or might be embarrassing. (b) All personnel must be made aware of the foregoing principles as the basic factors governing military security and be so thoroughly indoctrinated that this awareness is inherent in the routine discharge of their duties. The attainment of the desired objective requires sound direction by those in responsible positions and alert performance of duty by all personnel. (c) In situations not specifically anticipated by this part or other regulations, basic security principles, common sense, and a logical interpretation of existing regulations should be applied. [23 F. R. 6446, Aug. 21, 1958] § 505.5 Scope. The regulations of this part prescribe requirements concerning: (a) Rules for determining the proper classification of defense information. (b) Declassification and downgrading. (c) Dissemination on a need-to-know basis. (d) Safekeeping and control. [23 F. R. 6446, Aug. 21, 1958] § 505.6 Classification categories. Official information which requires protection in the interests of national defense shall be limited to three categories of classification, which in descending order of importance, shall carry one of the following designations: Top Secret, Secret or Confidential (including Confidential-Modified Handling Authorized). No other designation shall be used to classify defense information. [23 F. R. 6446, Aug. 21, 1958] § 505.7 Definitions. Certain significant terms in the regulations of this part are defined as follows: (a) Defense information. Defense information is that official information which requires protection in the interests of national defense which is not common knowledge, and which would be of intelligence value to an enemy or potential enemy in planning or waging war against the United States or its Allies. (b) Classified material. Official information which has been classified and marked with one of the categories indicated in § 505.6. (c) Combat or combat-related operations. Activities, actual or simulated, which relate to military planning, operations, training, communications, intelligence, and logistics. (d) Compartmentalization. Granting access to defense information only to properly cleared persons who require such information in the performance of their official duties and restricting defense information to specific physical confines when feasible. (e) Custodian. An individual who has possession or is otherwise charged with the responsibility for safeguarding and accounting for classified material. (f) Inventory. Procedure employed to verify accountability of Classified material by comparing entries on the register against the document or entry on the record of destruction or a signed receipt. (g) Document. As used in this part means any recorded information regardless of its physical form or characteristics, and includes but is not limited to the following: (1) 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; and (5) All reproductions of the foregoing by whatever process. (h) Derivative classification authority. For the purpose of this part, derivative classification authority is that authority to classify material as result of, in connection with, or in response to other material dealing with the same subject which already bears a classification. (i) Restricted Data. All data concerning: (1) Design, manufacture, or utilization of atomic weapons; (2) The production of special nuclear material; or (3) The use of special nuclear material in production of energy, but not to include data declassified or removed from the Restricted Data category which the Atomic Energy Commission determines from time to time, may be published without undue risk to the common defense. (j) Formerly Restricted Data. Atomic Energy information that has been removed from the Restricted Data category for military use but which cannot be released to any nation or regional defense organizations except as provided under section 142d, Atomic Energy Act of 1954 (68 Stat. 941) as amended (42 U. S. C. 2162(d)) as amended. (k) Material. As used in this part means any document, product, or substance on or in which information may be recorded or embodied. (1) Original classification authority. That authority required to classify independently any type of material. (m) Properly cleared person. A person who has been granted a security clearance under pertinent Army regulations. 123 F. R. 6446, Aug. 21, 1958] § 505.8 Top Secret Information—(a) Definition. The use of the classification Top Secret will be limited to defense information or material which requires the highest degree of protection. The Top Secret classification will be applied only to that information or material the defense aspect of which is paramount, and the unauthorized disclosure of which could result in exceptionally grave danger to the nation, such as: (1) Leading to a definite break in diplomatic relations affecting the defense of the United States, an armed attack against the United States or its allies, a war, or (2) The compromise of military or defense plans or intelligence operations, or scientific or technological developments vital to the national defense. (b) Reproduction. Top Secret material may be copied, extracted from, or reproduced only when the classifying authority has authorized such actions. At the time of issuance of any document which qualifies for assignment to the Top Secret category, the classifying authority will insure that each copy of the document contains a notation substantially in one of the following forms: (1) Reproduction of this document in whole or in part is prohibited except with permission of the issuing office or higher authority. (2) Reproduction of paragraph(s) of this document is prohibited except with the permission of the issuing office, or higher authority; other paragraphs may be reproduced. [23 F. R. 6447, Aug. 21, 1958] § 505.9 Definition of Secret Information. The use of the classification Secret will be limited to defense information or material the unauthorized disclosure of which Could Result in Serious Damage to the Nation, such as: (a) Jeopardizing the international relations of the United States. (b) Endangering the effectiveness of a program or a policy of vital importance to the National Defense. (c) Compromising important military or defense plans, or scientific or technological developments important to National Defense. (d) Revealing important intelligence operations. [23 F. R. 6447, Aug. 21, 1958] § 505.10 Confidential Information Including Confidential-Modified Handling Authorized-(a) Definition of Confidential. The use of the classification Confidential will be limited to defense information and material the unauthorized disclosure of which could be prejudicial to the defense interests of the Nation. (b) Definition of Confidential-Modified Handling Authorized. Confidential-Modified Handling Authorized is Confidential information pertaining to combat or combat related operations, actual or simulated, wherein the originator considers that, for effective mission accomplishment, lesser security safeguards for storage and transmission are acceptable and afford adequate protection to such information. Examples are: (1) Training, field, and technical manuals and related material. (2) Photographs, negatives, photostats, diagrams, or models of material. (3) Defense procurement plans, including procurement contracts and related matters. (4) Communications messages. material and (5) Certain documents regarding engineering plans and design details, computation, method of processing or assembling which are essential to the functioning or use of an article of material. (6) Military maps and aerial photographs and related material which require wide dissemination for military purposes. (7) Information received from international organizations, such as NATO, SEATO, and the Baghdad Pact, or from foreign nations under existing international exchange of information agreements and policies, and classified "Restricted" by them. [23 F. R. 6447, Aug. 21, 1958] (a) Com § 505.11 Responsibility. manders and supervisory officials are responsible, within their areas of jurisdiction, for insuring that the effective control of defense information is maintained at all times. This control includes the initiation of classified material, its dissemination and its safekeeping. Responsibility for safeguarding information classified in the interests of national defense rests both upon the commander and upon the individual who is in a physical position to exercise direct security control. (b) Private records, diaries, or papers containing statements of fact or opinion, either official or personal, concerning matters which relate to or affect the national security, represent a constant threat to the security of defense information. Military personnel and civilian employees of the Army are prohibited from keeping private records, diaries, or papers which contain such statements. Also prohibited are the collecting of souvenirs, or the obtaining for any personal use whatsoever of any matter classified in the interest of national defense. [23 F. R. 6447, Aug. 21, 1958] § 505.12 Dissemination—(a) The dissemination of defense information will be limited strictly to those properly cleared persons whose official duties require knowledge or possession thereof. No person is entitled to knowledge or possession of defense information solely by virtue of his grade, office, or security clearance. Responsibility for the determination of "need-to-know" rests upon each individual who has possession, knowledge, or command control of the information involved and not upon the prospective recipient. However, this responsibility does not relieve a requester or recipient from the obligation to make an individual determination that he has a "need-to-know" before requesting or receiving classified information. These principles are equally applicable if the prospective recipient is an individual or an organizational entity, including commands, other federal agencies, or a foreign government. (b) The application of "need-toknow" in disseminating defense information must be positive and realistic in order to further military operations rather than hamper them. In view of the increased probability of compromise, "need-to-know" must receive consideration prior to the transmission of sensitive information to addresses located in hazardous or unfriendly areas. However, every effort will be made to keep responsible officials informed. Security carried to such an extreme that vital information is withheld unnecessarily defeats the purpose for which the classified matter was originated. [23 F. R. 6447, Aug. 21, 1958] § 505.13 Discussion involving defense information. Discussions of defense information or any defense information which is generated during a classified operation are prohibited within the hearing of unauthorized persons. In imparting defense information orally, the recipient will be told the classification of the defense information. When a lecture, address, or informal talk to a group includes defense information, the speaker will announce the classification at the beginning and at the end of the period. Defense information will not be discussed in telephone conversations except as may be authorized over approved circuits. [23 F. R. 6447, Aug. 21, 1958] (a) § 505.14 Debriefing of personnel to be retired or separated from service. The debriefing of military personnel retiring and separating from the service, and of civilians leaving Department of the Army employment or leaving the employment of Department of Defense contractors having classified contracts, will incorporate positive instructions that no defense information will be released or made available for release to the public or any persons not properly entitled to receive such information. (b) Such personnel will be specifically informed that they are prohibited under penalties as prescribed in the Uniform |