facts and circumstances of each particular case. Among other pertinent matters, he should consider the seriousness of the offense charged, whether courtmartial charges are pending against the alleged offender, whether he is serving a sentence imposed by court-martial, and whether, under the existing military situation, the best interest of the service warrant his retention in the Armed Forces. With respect to extradition process, military personnel may be considered to be in the same status as persons not members of the Armed Forces. It is contrary to the general policy of the Department of the Army to transfer military personnel from a station within one State to a station within another State for the purpose of making such individuals amenable to civilian legal proceedings. Accordingly, if the delivery of a member of the Army is requested by a State other than the State in which he is located, the authorities of the requesting State will be required to complete extradition process according to the prescribed procedures to obtain custody of an individual from the State in which he is located and to make arrangements to take him into custody there.

(c) Requirements for delivery. There ordinarily will be required with each application by the civil authorities for the surrender of a member of the Armed Forces a copy of an indictment, presentment, information, or warrant, together with sufficient information to identify the person sought as the person who allegedly committed the offense charged and a statement of the maximum sentence which may be imposed upon conviction. If the request for delivery is based upon an indictment, presentment, or information, it will be assumed that there is reasonable cause to believe that the offense charged was committed by the person named therein. If the request for delivery is based upon a warrant, the commanding officer may cause an inquiry to be made to satisfy himself that reasonable cause exists for the issuance of the warrant; however, if a warrant is accompanied by the statement of a United States attorney or the prosecuting officer of a State of the United States or political subdivision thereof that a preliminary official investigation

of the offense charged shows that there is reasonable cause to believe that the offense charged was committed by the person named therein, no further inquiry need be made.

(d) Retaining custody pending request for delivery. If the commanding officer specified in paragraph (a) of this section is in receipt of a statement of a United States attorney or the prosecuting officer of a State of the United States or a political subdivision thereof that there is reasonable cause to believe that a member of the Armed Forces under his command has committed an offense punishable by the laws of the pertinent jurisdiction, the commanding officer may, upon the request of such civil official, agree to retain the alleged offender in his command for a reasonable period of time, not extending beyond the termination of his current enlistment or period of service, pending presentation of a request for delivery accompanied by the evidence indicated in paragraph (c) of this section.

(e) Action by commanding officers. Commanding officers, other than those specified in paragraph (a) of this section, will refer such requests with their recommendation for disposition to the appropriate commanding officer, who, after determining the propriety of the request, will take the action indicated in this paragraph. If the commanding officer having authority to deliver denies a request for delivery of an offender to the civil authorities, he will immediately forward the request direct to The Judge Advocate General, together with his reasons for denying the request. In cases involving special circumstances, the commanding officer having authority to deliver may forward the request with his recommendation for disposition direct to The Judge Advocate General for advice before taking his action.

(f) Procedure for executing delivery. When the commanding officer specified in paragraph (a) of this section authorizes the delivery of a person to the civil authorities, he will inform the appropriate requesting agency or official of the time and place of delivery. In addition, he will advise the requesting agency or official that delivery of the person will

be made at no expense to the Department of the Army and with the understanding that the civil agency or official will advise the delivering commander of the outcome of the trial and, if the Army authorities desire to return the person, will deliver him to the place of original delivery or to an Army installation nearer the place of civil detention, as may be designated by the Army authorities, at no expense to the Department of the Army. A written receipt, in substantially the following form, should be executed by the official who takes delivery of the accused:

In consideration of the delivery of

manding officer specified in paragraph (a) of this section will, if return is desired, inform the appropriate civil agency or official of the name and location of the Army installation to which such person is to be delivered. Either the place of original delivery or an installation nearer the place of civil detention of the offender may be designated in accordance with existing policies governing assignments and transfers of personnel.

PART 504-PUBLIC INFORMATION

ACTIVITIES

GENERAL

Application and purpose. Explanation of terms.

Direct communication.

Objectives.

(General court-martial jurisdiction) informed of the outcome of the trial and that will be returned to the Army authorities at the aforesaid place of delivery or to an Army installation nearer the place of civil detention, as may be designated by the authorities of the Department of the Army, without expense to such Department or to the person delivered, immediately upon dismissal of the charges or completion of the trial in the event he is acquitted, or immediately upon satisfying the sentence of the court in the event he is convicted and a sentence imposed, or upon other disposition of the case, unless the Army authorities shall have indicated that return is not desired.

The above agreement is substantially complied with when the civil agency or official advises the delivering commander of the outcome of the trial of the alleged offender and of his prospective release to the Army authorities, and the individual is furnished transportation and necessary cash to cover his incidental expenses en route to an installation designated by Army authorities.

(g) Return to Army control. Upon being advised of the outcome of the trial or other disposition of the charges against the alleged offender, the com

AUTHORITY AND RESPONSIBILITIES

Command responsibility.

Specific responsibilities.

POLICIES, PROCEDURES AND REQUIREMENTS GOVERNING PUBLIC INFORMATION ACTIVI

§ 504.2

Explanation of terms.

(a) "Audiovisual" covers public information activities such as still photography, motion pictures, television films, live television productions, videotapes, radiotapes and programs, kinescope recordings, motion picture stock footage, and associated materials and activities.

(b) "Clearance" means notification by the reviewing authority that there is no objection to publication of the submitted material. Clearance will be granted unless its withholding is clearly authorized by this part.

(c) "Local" refers to material which in the determination of the local commander is considered to be of news significance only in the specific geographical locale of origin and the impact caused

by the use of the material will not escalate into regional, national, or international interest.

(d) "Regional" refers to material which in the determination of the commander of the Army agency or activity involved is considered to be of news significance only in the specific geographical region or origin. It exceeds the criteria of the "local" definition but is not of national or international interest.

(e) "National" refers to material generated by Army agencies or subordinate commands or requested by nonGovernment agencies which in the determination of the head of commander of the Army agency or activity involved exceeds criteria of the "local" or "regional" definition either in geographical locale or program impact and/or features national policy, programs, and projects.

(f) "Military matters" covers information concerning or bearing on military subjects or the national defense of the United States to include plans, programs, policies, missions, functions, responsibilities, or actions of the Department of Defense or any element thereof.

(g) "Non-Government media" refers to all agencies outside the Federal Government involved in the production of audiovisual materials and printed materials. This includes electronic media, advertising agencies, industrial firms, and other commercially oriented enterprises engaged in the production or securing of audiovisual or printed materials.

(h) "Official" information means information released on military matters which can be identified as emanating from a representative of the Department of Defense acting in his official capacity.

(i) "Release" of information is defined as dissemination of information to the public, whether upon Army initiative or external request. It includes written news releases, still pictures, motion picture film, question-and-answer interviews, audiotape recordings, articles for publication in printed media or broadcast via radio or television, and oral responses to queries.

(j) "Safeguarded information" includes defense information which requires protection under the provisions of AR 380-5 (Part 505 of this chapter)

(a) Information officially released to the public which appears to be a Department of the Army position must reflect the Army's position in fact. Conformance with this part will help insure that the public can properly judge the manner in which the Army discharges its responsibilities for national security.

(b) In public discussions, all officials of the Department of the Army should avoid discussion of matters which are the responsibility of other Governmental agencies, i.e., foreign policy is a responsibility of the Department of State.

(c) The American public has a right to maximum information concerning the Army and its activities. Defense Department and Army policy require maximum disclosure of information except for that which would be of material assistance to potential enemies. Nothing must inhibit the flow of unclassified information to the American public. Any identifiable Army record must be released on request unless it falls within one or more of the exemptions authorized in paragraph 10, AR 345-20 (§ 518.10 of this chapter).

AUTHORITY AND RESPONSIBILITIES § 504.6 Command responsibility.

(a) Each commander is responsible for the information program within his command. This includes the formulation of plans, programs, and policies which, consistent with military security, provide the public with maximum information about the U.S. Army and its activities.

(b) Individuals are encouraged to broaden and enhance the public's understanding of the Army by responding frankly and factually about those unclassified matters of which they have personal knowledge and experience. This can be accomplished both informally and formally by discussion, association with civilian professional groups, formal speaking engagements on matters in which the individual is an expert, writing bylined articles for publication, and local participation in community affairs. Uninformed and indiscriminate remarks or responses about military matters beyond an individual's knowledge and experience are undesirable. However, individuals are entitled to express their personal opinions except as limited by law or regulation.

§ 504.7 Specific responsibilities.

(See AR 10-5; 31 F.R. 7005, May 12, 1966.) (The Chief of Information serves in a dual capacity as Chief of Public Information.)

(a) The Chief of Public Information. The Chief of Public Information is directly responsible to the Secretary of the Army, and is responsive to requirements of the Chief of Staff in all matters pertaining to public understanding of the Army. Specifically, he is responsible for:

(1) Formulating Army public information policies and programs.

(2) Advising the Secretary of the Army, the Chief of Staff, and agencies of the Department of Defense on public information matters relating to public understanding and support of the Army.

(3) Advising and assisting the Secretary of Defense, through the Assistant Secretary of Defense (Public Affairs), in the development and accomplishment of Department of Defense information objectives, as requested.

(4) Coordination and supervision of the worldwide implementation of public information policies and programs of the Department of the Army.

(5) Supervision of the Army's public information security review program in the field.

(6) Conducting a continuing review of the implementation of section 18 of Executive Order 10501, within the Department of the Army, to insure that no information is withheld which the people of the United States have a right to know.

(b) Chief of Information. The Chief of Information has Army staff responsibility for all matters pertaining to public and command information and for Department of the Army information plans and programs in support of Army basic plans and programs. He is directly responsible to the Chief of Staff. He commands personnel, organizations, and facilities as assigned.

(c) Department of the Army staff agencies. (1) Department of the Army staff agencies are responsible for establishing procedures governing public release of information regarding their missions and functions and preparing information material for dissemination to the public. Such material will be cleared through the Chief of Information, except that those staff agencies having a technical liaison officer may furnish information of a routine nature.

(2) Staff agencies having primary interest will insure that information prepared for public release is coordinated with other interested agencies. Security questions are referred to the Assistant Chief of Staff for Intelligence. If material to be released concerns information which falls within the provisions of AR 345-15 it will also be coordinated with The Adjutant General.

(3) Staff agencies exercising command of class II installations and activities will review the proposed releases of such installations and activities which pertain to the national mission of the staff agency prior to submission to the Chief of Information for clearance.

(4) Staff agency heads exercising command over class II installations and activities will insure that information released by such installations and activities is coordinated with the appropriate continental United States Army commander if the material is of more than local interest or otherwise warrants the attention of the Army commander.

(5) Staff agency heads will establish procedures to insure that policies governing levels of release of information

are applied in class II installations and activities under their jurisdiction.

(d) Commanding General, U.S. Continental Army Command. In accordance with his assigned mission and responsibilities, the Commanding General, U.S. Continental Army Command is responsible for

(1) Coordination and supervision of public information instruction at those Army schools under his jurisdiction.

(2) Coordination with other military services of those public information matters of joint, regional, or local interest. (3) General direction of public information activities of continental United States armies and the Military District of Washington.

(4) Preparation of releases on field exercises and maneuvers under his jurisdiction for release through the Chief of Information.

(5) Public information planning in connection with Army and joint exercises and maneuvers under his jurisdiction.

(6) Review, clearance, and release of material pertaining to his specific mission and responsibilities.

(e) Major Army commanders, Continental United States Army commanders, and the Commanding General, Military District of Washington. Major Army commanders, continental United States Army commanders, and the Commanding General, Military District of Washington, are responsible for the execution of the public information program within their commands. Each commander is, in addition, responsible for—

(1) Coordination of local public information matters with other commands or services if the information impact of the action will affect the mission or responsibilities of those commands or services.

(2) Review, as provided in this part of material proposed for public release by an individual or element of his command.

(f) Commanders of class II installations and activities. Commanders of class II installations and activities will conduct public information programs in accordance with this regulation and with procedures established by heads of Department of the Army staff agencies having jurisdiction over them. They are responsible for coordination of local information matters with continental