for publication were it not for inadvertent disclosure of confidential matter in the background. Attention is invited to paragraph (a) (2) (iii) of this section. (8) Artists, sketchers, and draftsmen. The provisions of this section will apply wherever applicable to artists, sketchers, and draftsmen.

(e) Motion pictures, commercial—(1) Authorization for naval cooperation. The Secretary of the Navy (Chief of Information) may authorize naval cooperation with commercial motion-picture producers in recognition of the value to both the public at large and the naval service in the production of accurate portrayals of naval life. The cooperation between the motion-picture producers and the Navy will involve, on the part of the motion-picture producer, agreement in writing to adhere to the restrictions and requirements imposed by this section and, on the part of the Navy, assistance to the motion-picture producers in the technical supervision of the taking of the picture to prevent the inclusion of matter not desired to be made public. The procedure for censorship of these pictures depends upon whether they are feature motion pictures, news reels, or other films.

(2) Feature motion pictures. A feature motion picture for the purpose of this section is interpreted to be any motion picture running more than twenty minutes in projection time.

(i) The Secretary of the Navy requires that the scenarios of feature motion pictures involving any naval cooperation be reviewed by the Chief of Information prior to production.

(ii) The naval authority designated to cooperate with the producing company will provide, in the interest of security, for naval supervision of all footage taken within naval jurisdiction and where practicable, for prompt local provisional review of such footage as may be considered questionable for release by the supervisor. The local provisional review is for the purpose of promptly bringing to the attention of both the producing company and the Navy Department film which is questionable and is not for the purpose of censoring script or dialogue. One print of all the questioned footage for the given production will be forwarded as confidential (classified) matter by the naval authority concerned to the Secretary of the Navy (Chief of Information). The producing

company will be informed when the questioned film is forwarded.

(iii) All feature motion pictures produced with naval cooperation will be submitted by the producing company to the Secretary of the Navy (Chief of Information) for review and clearance by that office in the Navy Department, Washington, D.C., prior to release.

(3) Newsreels. Newsreel motion picture footage shall be interpreted as any footage of twenty minutes or less of projection time.

(i) Producers of newsreels shall be accorded naval cooperation when practicable. Commanding officers may permit accredited newsreel cameramen to photograph unclassified subjects on a naval ship or station, provided the private movie company concerned agrees that a fine grain master positive (or lavender) of the footage shot will be made available to the Navy without cost on request of the Chief of Information. The Navy may use this footage in motion pictures limited to non-theatrical, nonprofit, educational showings.

(ii) Should the newsreel cameraman request permission to photograph a subject of doubtful classification, such photography may be permitted, provided the private motion picture company concerned agrees that the negative remain in naval custody until its classification is determined, at which time it may be released if it is of an unclassified nature. The company shall further agree that if the negative, or portion of it, is determined to be classified, the Navy may retain the classified portions. In cases of newsreel photography of subjects of doubtful classification, the commanding officer concerned shall require the responsible cameraman to deliver the exposed and unprocessed negative to him immediately after exposure, and shall forward it to the Naval Photographic Center by most expeditious means, notifying the Chief of Information, who is responsible for clearance and release to the owner of all footage determined to be unclassified.

(4) Latitude allowed commercial motion picture producers. In view of the strict control exercised over motion pictures taken in naval jurisdiction, and in order to meet the legitimate requirements of motion-picture producers for scenes of a spectacular nature, motionpicture photographers of simple fleet maneuvers, aircraft in flight, distant

views of ships firing, interior views of living quarters and similar scenes which do not disclose information of a confidential nature may be permitted subject to final censorship.

(5) Training films. All companies producing motion pictures or film strips for the Navy Department for primary use in connection with training shall deliver the original negative to the Bureau of Naval Weapons for such noncommercial use as the Navy Department may require. In the case of classified material all negatives, prints, or lavenders will be delivered to the Bureau of Naval Weapons in accordance with the provisions of subparagraph (7) of this paragraph. A duplicate negative of unclassified material may be retained by the producing company for reproduction purposes for non-theatrical use, except that previously released film available in library material will ordinarily have no restrictions placed upon it for theatrical use. Release of material not previously reviewed will be subject to the approval of the Secretary of the Navy (Chief of Information).

(6) Other films (except technical films). Documentaries, short subjects, and all other short films (except technical films), produced wholly or in part with naval cooperation, shall be submitted for review to the Secretary of the Navy (Chief of Information). If possible, advance scripts or outlines should be submitted prior to start of production. The Navy Department reserves the right to acquire prints in accordance with subparagraph (2) (ii) of this paragraph, or a lavender print of all footage made with naval cooperation.

(7) Reviewed material. When the Secretary of the Navy (Chief of Information) reviews and condemns any footage, the producing company will promptly submit all prints, lavenders and negatives of that footage to the reviewing authority, together with a signed statement that all prints, lavenders, or negatives of any nature made from the disapproved footage have been surrendered to naval authority.

(f) Technical photgraphs-(1) Technical photographs required by contract. Photographs (still and motion pictures) and sketches or drawings required by Navy contracts in connection with the manufacture or construction of articles or structures for the Navy will be handled as part of the contract and under the same restrictions as apply to

drawings and other matter under the contract or under special classification. None of the above may be published, distributed, displayed or released to the contractor's files without approval by the Secretary of the Navy (Chief of Information).

(2) Technical photographs not required by contract. Photographs of articles other than those of a strictly commercial character being manufactured for or under construction for the Navy, taken by or on order of the contractors and not required by the terms of the contract, will be subject to the supervision and control of the Navy inspector concerned. When a photograph of this category is released to the contractor for unrestricted use or publication, the provisions of paragraph (b) (6) of this section will be complied with, and in addition, one copy of the released photograph, with the release date written on the back, may be forwarded at the discretion of the naval inspector to the Bureau having cognizance.

(g) General guide-(1) Standards of review. The review of photographs requires the use of sound judgment on the part of the responsible officers in order to permit the prompt release and publication of such photographs and motion pictures as will be beneficial alike to the public and to the Navy, while at the same time protecting subjects which are of a classified nature. It must be kept in mind that to publish a list of the specific items which are considered most confidential would be the first step leading to compromise. As a consequence it is necessary to designate classified items in fairly broad categories and administer the security thereof in accordance with a uniform policy. Photographs listed in subparagraph (2) of this paragraph will not be released except by the Secretary of the Navy (Chief of Information).

(2) Photographs not to be released without reference to Navy Department. (1) Photographs which disclose classified information. The source of information on specific items is indicated in paragraph (b) (4) of this section.

(ii) Naval dry docks or ships therein. (iii) Ships under construction and mechanical devices intended for use thereon.

(iv) Any picture taken on board ship showing details of armament, fire control equipment, interior views or special details of construction.

(v) Underwater body views of naval vessels.

(vi) Any phase of naval gunnery or any details of ordnance equipment.

(vii) Fleet dispositions and tactical

maneuvers.

(viii) Landing force operations and equipment.

(ix) Smoke screens.

(x) Naval radio and sound equipment. (xi) Aerial photographs or photographs from an elevated position of U. S. navy yards, stations, and bases; U. S. Army posts, forts, depots, and stations; foreign ports and harbors.

(xii) Aerial photographs or photographs from an elevated position of strategic areas as designated by the Secretary of the Navy and air space reservations as designated by the President of the United States.

(xiii) Loss of or damage to U. S. combatant ships resulting from enemy action.

(xiv) Fleet operations knowledge of which must receive only limited distribution.

(3) Photographs which may be released. Photographs taken on occasions of ceremony; of athletic events; of personnel, single or group; or other proper subjects involving personnel or naval life.

(h) General. (1) Official Navy photographs without regard to release status, except those made purely for local interest, will be forwarded to the Naval Photographic Center, Naval Air Station, Anacostia, Washington, D.C.

(2) All commercial photographs shall be handled in accordance with provisions set forth in paragraph (d) of this section.

(i) Marine Corps. (1) The foregoing instructions will apply to the Marine Corps in principle but with the following organizational modifications:

(i) In all photography that concerns the internal affairs of the Marine Corps (except aeronautics), the Commandant, U.S. Marine Corps (Director of Information) is delegated cognizance equivalent to that of the Secretary of the Navy (Chief of Information). Similarly, in applicable cases, the term "Navy" or "Navy Department" shall be construed as "Marine Corps" or "Headquarters, U.S. Marine Corps."

(ii) All photographs released by the Marine Corps will be titled as in paragraph (b) (6) (ii) and (iii) of this section, except that "U. S. Marine Corps"

50-075-71- -49

will be substituted for "U. S. Navy"; and references for authorized publication will be made to the Commandant, U. S. Marine Corps, Washington, D. C.

[13 F.R. 8572, Dec. 28, 1948, as amended at 25 F.R. 2484, Mar. 24, 1960]

§ 765.19 Photographs and sketches of military or naval subjects.

(a) An act of Congress approved June 25, 1942 (56 Stat. 390), as amended (50 U.S.C., App. 781-785), reads as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever, except in performance of duty or employment in connection with the national defense, shall knowingly and willfully make any sketch, photograph, photographic negative, blueprint, plan, map, model, copy, or other representation of any navy yard, naval station, or of any military post, fort, camp, station, arsenal, airfield, or other military or naval reservation or place used for nationaldefense purposes by the Departments of the Army or the Navy, or of any vessel, aircraft, installation, equipment, or other property whatsoever, located within any such post, fort, camp, arsenal, airfield, yard, station, reservation or place or in the waters adjacent thereto, or in any defensive sea area established in accordance with law; or whoever, except in performance of duty or employment in connection with the national defense, shall knowingly and willfully make any sketch, photograph, photographic negative, blueprint, plan, map, model, copy, or other representation of any vessel, aircraft, installation, equipment, or other property relating to the national defense being manufactured or under construction or repair for or awaiting delivery to the Departments of the Army or the Navy or the government of any country whose defense the President deems vital to the defense of the United States under any contract or agreement with the United States or such country or otherwise on behalf of the United States or such country, located at the factory, plant, yard, storehouse, or other place of business of any contractor, subcontractor, or other person, or in the waters adjacent to any such place, shall be punished as provided herein.

SEC. 2. Notwithstanding the provisions of section 1, the Secretary of the Army or the Secretary of the Navy is authorized, under such regulations as he may prescribe, to permit photographs, sketches, or other representations to be made when, in his opinion, the interests of national defense will not be adversely affected thereby.

SEC. 3. Any person found guilty of a violation of this Act shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

SEC. 4. The provisions of this Act shall apply in all places within the territory or Jurisdiction of the United States.

SEC. 5. This Act shall be effective only until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2914, 3 CFR, 1950 Supp., p. 71) [3 CFR, 19491953 Comp., p. 99].

(b) In accordance with the authority contained in section 2 of the above quoted act, the Secretary of War [Secretary of the Army] and the Secretary of the Navy have prescribed certain regulations for the administration of the said act. Such regulations which have been prescribed, are in full force and effect in pursuance of the said act, and appear hereafter as follows:

Sketches, photographs, photographic negatives, blueprints, plans, maps, models, copies or other representations, may be made of any area, place, property, or thing, described in the Act of Congress approved June 25, 1942 (56 Stat. 390), only upon the expressed permission of the Secretary, or his authorized representative, having jurisdiction of the subject matter. Such permission will be granted only if the interests of national defense will not be adversely affected thereby.

The authorized representatives who may grant the necessary permission are:

DEPARTMENT OF THE ARMY

Any commanding general of a defense command, theater of operations, department or army area, Chief of Public Information Division, Special Staff, U.S. Army or any commander of a post, camp or station.

DEPARTMENT OF THE NAVY

Fleet commanders or commanders of any major subdivision thereof, commanders of sea frontiers, district commandants, the Director of the Office of Public Relations [Chief of Information], commanding officers of ships, aircraft squadrons, or stations, or an officer of the United States Marine Corps having a command equivalent to any of the foregoing.

(c) The naval representatives designated in the regulations set forth in paragraph (b) of this section shall, in the administration of the functions therein imposed, at all times be guided by the provisions of the Department of the Navy Security Manual for Classi

fied Information (OPNAV Instruction 5510.1B). (See § 765.18.)

(d) Should a violation of the law herein stated occur within the jurisdiction of the Naval Establishment, evidence of the violation such as cameras, photographs, photographic films, sketches, etc., should be acquired whenever possible. If, in the judgment of the responsible commander having custody of such evidence, or in the determination of the Navy Department should such officer request a decision of the Department, a criminal prosecution is desired, all evidence should be transmitted to the Federal authorities responsible for such prosecution. If, in the judgment of the responsible commander having custody of such evidence, or, in the determination of the Navy Department should such officer request a decision of the Department, no criminal prosecution is desired, the evidence obtained should be forwarded to the Navy Department for disposition.

(e) The attention of personnel is directed to the broad scope of this law which, literally, prohibits the taking of any photograph of naval subjects without authority. It is, therefore, expected that citizens, innocent of wrongful intent, will transgress the law's comprehensive provisions. Personnel are therefore obliged to exercise tact, discretion, and sound judgment in their administration of the law as it affects the Naval Establishment.

(f) Paragraphs (a) through (e) of this section are based on the act of June 25, 1942 (56 Stat. 390), as amended (50 U.S.C. App. 781-785), and do not affect prosecution for violation of the Internal Security Act of 1950, as amended (50 U.S.C. 781-835), the espionage law (18 U.S.C. 793-799), or other criminal law, whenever applicable. See also Executive Order 10104 of February 1, 1950 (15 F.R. 597).

[13 F.R. 8575, Dec. 28, 1948, as amended at 25 F.R. 2486, Mar. 24, 1960; 31 F.R. 16620, Dec. 29, 1966]

This part establishes the policy and procedures for the use of Navy and Marine Corps aviation facilities by aircraft other than U.S. Department of Defense aircraft.

§ 766.2 Definition of terms.

For the purpose of this part certain terms are defined as follows:

(a) Alternate use. Use of the aviation facility, specified in the flight plan, to which an aircraft may divert when a landing at the point of first intended landing becomes impractical because of weather. (Aircraft may not be dispatched, prior to takeoff from the airport of origin, to a facility licensed for alternate use.)

(b) Civil aircraft. Domestic or foreign aircraft operated by private individuals or corporations, or foreign governmentowned aircraft operated for commercial purposes. This includes:

(1) Contract aircraft. Civil aircraft operated under charter or other contract to any U.S. Government department or agency.

(2) Leased aircraft. U.S. Governmentowned aircraft delivered by the Government to a lessee subject to terms prescribed in an agreement which does

not limit the lessee's use of the aircraft to Government business.

(c) Civil aviation. All flying activity by civil aircraft including:

(1) Commercial aviation. Transportation by aircraft of passengers or cargo for hire and the ferrying of aircraft as a commercial venture.

(2) General aviation. All types of civil aviation other than commercial aviation as defined above.

(d) Facility. A separately located and officially defined area of real property in which the Navy exercises a real property interest and which has been designated as a Navy or Marine Corps aviation facility by cognizant authority; or where the Department of the Navy has jurisdiction over real property agreements, expressed or implied, with foreign governments, or by rights of occupation. (This definition does not include aircraft carriers nor any other type of naval vessel with a landing area for aircraft.)

(e) Government aircraft. Aircraft owned or operated by any department or agency of either the United States or a foreign government (except a foreign government-owned aircraft operated for commercial purposes). Also aircraft owned by any department, agency, or political subdivision of a State, territory, or possession of the United States when such local government has sole responsibility for operating the aircraft. Government aircraft includes:

(1) Military aircraft. Aircraft used in the military services of any government.

(2) Bailed aircraft. U.S. Governmentowned aircraft delivered by the Government to a Government contractor for a specific purpose directly related to a Government contract.

(3) Loaned aircraft. U.S. Government-owned aircraft delivered gratuitously by any Department of Defense agency to another Government agency, to a U.S. Navy or Marine Corps Flying Club, or to a U.S. Army or Air Force Aero Club.

(f) Joint-use facility. A Navy or Marine Corps facility where a specific agreement between the Department of the Navy and a civilian community, or between the U.S. Government and a foreign government, provides for civil aircraft use of the runways and taxiways. Civil aircraft terminal, parking, and servicing facilities are established and controlled by civil authorities in an