a war, or the compromise of military or defense plans, or intelligence operations, or scientific or technological developments vital to the national defense."

(b) Secret matter-(1) Definition. Executive Order 10501 defines the Secret category as follows: "The use of the classification Secret shall be authorized, by appropriate authority, only for defense information or material the unauthorized disclosure of which could result in serious damage to the Nation, such as by jeopardizing the international relations of the United States, endangering the effectiveness of a program or policy of vital importance to the national defense, or compromising important military or defense plans, scientific or technological developments important to national defense, or information revealing important intelligence operations."

(c) Confidential matter—(1) Definition. Executive Order 10501 defines the Confidential category as follows: "The use of the classification Confidential shall be authorized, by appropriate authority, only for defense information or material the unauthorized disclosure of which could be prejudicial to the defense interests of the Nation."

§ 805.13

Atomic energy restricted data.

(a) Dissemination—(1) Within Department of Defense and to contractors. Restricted Data may be disclosed only to Department of Defense personnel and to contractors of the Department of Defense and their employees who have been granted a personnel security clearance equivalent to the security classification of the information involved.

(2) Disclosure to foreign nationals. Foreign nationals (see § 805.2(d)) will not be permitted to have access to Restricted Data or classified former Restricted Data, regardless of grade, position, employment, or nationality, except for certain releases that are made in strict compliance with the Atomic Energy Act of 1954, after specific approval of the Chief of Staff, USAF (Assistant Chief of Staff, Intelligence).

(b) Oral discussions. When an individual discloses Restricted Data or classified former Restricted Data to other persons during discussions, he will inform them of the designation of such information.

§ 805.14 Disclosure of classified in

formation.

(a) General limitations. Classified information will not be released or disclosed to private individuals, organizations, corporations, or State or Federal agencies, unless they must have it to perform an official governmental function in the interest of promoting national defense. Further, no release or disclosure of classified information will be made to persons or agencies outside the Department of Defense except with specific approval of the officials designated in this section.

(b) Congress and its members. All requests by the Congress or its committees or members for classified information will be referred to the Secretary of the Air Force (SAFLL).

(c) Contractors and prospective contractors—(1) Responsibility for dissemination. The commander, major air command, who has jurisdiction over a contractor, or who will procure materiel, supplies, or services from a prospective contractor, is responsible for releasing or disclosing classified information to them if they must have it. However, he may release or disclose only the classified information required by such contractors or prospective contractors in performing specific contracts or preparing specific bids or quotations. Such a commander may authorize a subordinate commander to release or disclose classified information to a contractor or prospective contractor, if such subordinate is authorized to procure materiel, supplies, or services. The authorization will only be given in writing. Also, it must be specific as to the conditions under which the subordinate may make disclosures or releases.

(2) Requirements for assuring security. Before a commander can release or disclose classified information to a contractor or prospective contractor, the following is required: A security agreement, signed by the individual or by a responsible officer on behalf of the firm or corporation concerned; a facility security clearance, properly granted; and a security survey of the facility, as appropriate.

(d) To other civilian activities. Generally, all requests for classified information from persons or agencies outside the

(a) Definition of "visitor” and applicability of policy—(1) Visits at AF activities. For the purpose of this section, a visitor is any person admitted to any AF installation except those who are directly and officially concerned with its activities (on duty, employed, or traveling under official orders requiring performance of duty at the installation).

(2) Access to classified defense information. A person has access to classified information when he is permitted to gain knowledge of the information, or to be in a place where he would be expected to gain such knowledge. A person does not have access to classified information merely by being in a place where classified material is kept, provided security measures prevent him from gaining knowledge of the information.

(b) Requests for permission to visit. Individual requests to visit an installation should be referred to the installation commander for approval or disapproval. All requests for permission to visit AF installations or activities which will involve access to classified information will:

(1) Be in writing, and be made early enough to permit appropriate action by the commander.

(2) Be forwarded to the office or headquarters having the authority to approve the disclosure of the classified information involved.

(3) Include the following information, as applicable: (i) Name in full, grade, title, position.

(ii) Nationality of visitor (immigrant aliens will furnish alien registration number), date, and place of birth.

(iii) Current residence or military assignment.

(iv) Employer or sponsor.

(v) Name and location of installation or activity to be visited.

(vi) Date, time, and duration of visit. (vii) Purpose of visit, in detail.

(viii) Security clearance status of visitor and name of clearing agency (if clearance previously granted).

(c) Visits to AF installations—(1) Visits involving access to classified information-(i) Approval. Individuals may be permitted to visit AF installations or activities to receive or to have access to classified information only if its disclosure or dissemination is properly approved.

(ii) Written authority for admission. Approval for visitors to AF installations to have access to classified information must be given in writing.

(iii) Concurrences and notices. Whenever practical, the official who approves a request to visit another AF installation should coordinate with the commander of that installation for concurrence or recommendation before finally approving the visit. In all cases, the official who approves such a visit will promptly notify the commander concerned. He will also specify any limitations or restrictions to be placed upon the visitor.

(2) Visits not involving access to classified information. United States citizens and foreign nationals who will not have access to classified information may be admitted to AF installations on the authority of the commander concerned. However, they must not be allowed in any place where mere presence would afford them access to or knowledge of classified information.

§ 805.16 Restricted areas.

(a) Designation of restricted areas. The commander of an AF installation will designate as a "restricted area" such areas under his jurisdiction as he considers necessary to promulgate regulations pursuant to section 21 of the Internal Security Act of 1950.

(b) Procedure in case of violations. Persons not subject to military law who violate the regulations issued by the commander will be delivered to the appropriate civil authority, subject to the following provisions:

(1) The commander of an AF installation will cause any such person to be detained, warned of his rights, and interrogated as soon as possible by proper authority. If there is no evidence of intent to violate the regulations the person

may be warned against repetition and released. Otherwise, the commander will promptly notify the nearest office of the Office of Special Investigations by the fastest means available. That office will immediately request the nearest office of the Federal Bureau of Investigation to take custody of the individual at the installation. The commander will furnish the representative of the Federal Bureau of Investigation with a written statement of the facts, the names and address of the witnesses, and any pertinent exhibits that may be available.

(2) When an investigation reveals that such a person has entered a restricted area or building, and was not apprehended, the commander will promptly notify the nearest district office of the Office of Special Investigations of all the facts, including the names and addresses of the witnesses. The district office will immediately notify the nearest office of the Federal Bureau of Investigation.

(2) U.S. Code, Title 10, Section 8635. "No enlisted member of the Air Force on active duty may be ordered or permitted to leave his post to engage in a civilian pursuit or business, or a performance in civil life, for emolument, hire, or otherwise, if the pursuit, business or performance interferes with the customary or regular employment of local civilians in their art, trade, or profession."

(3) In addition to the statutory limitations, the Secretary of Defense has set forth policies for effective and economical utilization of Armed Forces bands in connection with public events, demonstrations, ceremonies, and other activities in the civilian domain. Such policies are implemented by this part.

(b) Responsibilities. Installation commanders will determine whether the use of an Air Force band at a public gathering conflicts with the provisions of the statutes quoted in paragraph (a) of this section, and will enforce instructions governing the use of Air Force bands. Installation commanders are authorized to approve participation of Air Force bands in local events or activities in the vicinity of the installation at no cost to the Government. Commanders approving such participation will be guided by the following examples of suitability (except in the Washington, D.C., area where authority for approval is vested solely in the Secretary of Defense):

(1) Whenever or wherever they function as a part of or in conjunction with other elements or components of United States military forces. The music may be broadcast or telecast with the other features of the program.

(2) For all uses on military and naval installations or vessels, and other places or circumstances when on duty with military forces.

(3) When music is a part of occasions officially sponsored and attended by senior Government or military dignitaries in the performance of their official duties. Music may be broadcast or telecast with the other features of the program. Such occasions do not include social occasions and entertainments these officers attend as guests-such as dinners and luncheons given by civilians or civic associations.

(4) Broadcasts and telecasts of concerts, when such programs are not for commercial purposes and originate on military or naval reservations or vessels.

(5) Broadcasts and telecasts originating on or off a military or naval reservation or vessel: (i) When such programs are of value to the Service concerned. (ii) Provided that all proper clearances are secured by the sponsors with respect to musical rights, labor agreements, etc. (iii) When such programs are not for commercial purposes. (iv) When such programs are for purely recruiting drives or to present to the public certain matters which the Air Force considers important enough to require radio or television dissemination.

(6) Musical programs at any United States Government hospital for the entertainment of patients.

(7) Concerts in the Capitol grounds, government buildings, and public parks of the City of Washington, D.C., which are open to the public free of charge.

(8) Free social and entertainment activities conducted exclusively for the benefit of enlisted personnel and their guests in service clubs and social centers maintained for the use of enlisted personnel on active duty.

(9) Official occasions and free social and entertainment activities held off military installations, if such activities are conducted exclusively for the benefit of military personnel on active duty and their guests.

(10) Parades and ceremonies incident to patriotic occasions, or gatherings of personnel of the Armed Forces, veterans, or patriotic organizations, which are nonpolitical community affairs, nonsectarian, and nonprofit.

(11) Fund drives for officially recognized Armed Forces relief or charitable organizations, and for civilian charitable organizations, such as the United Givers Fund, Community Chest, Red Cross, National Health Agencies, and Joint Crusade as a group, when the benefits are donated to these agencies. Note: Fund drives of a local party, sect, or similar group whether for charitable or other purposes, are not considered appropriate occasions for the use of Air Force bands.

(12) Athletic contests in which one or more Armed Forces teams are participating. Band participation is not authorized in commercialized athletic events or in events which have no connection with the military mission and are sponsored and conducted to promote commercial interests, such as Christmas shopping.

(13) In connection with purely recruiting activities for the Armed Forces.

(14) Local, State, and regional fairs, exhibitions, or similar events, provided that the presentation is open to the public at no charge other than the general admission, and the bands do not participate in any performance or do any Fair job for which civilian musicians would have been hired.

(15) Use of Air Force bands or choral groups in support of commercial motion picture premieres and other showings in the civilian domain is not authorized. § 808.2 Use of volunteer units.

The provisions of § 808.1, governing the use of Air Force bands, also apply to all volunteer units.

The commander of a command exercising general court-martial jurisdiction, or a wing or base commander when authorized by the officer exercising general court-martial jurisdiction, may, in accordance with Article 14 of the Uniform Code of Military Justice (64 Stat. 112; 50 U.S.C. 568), authorize the delivery of a member of the Air Force under his command, when such member is accused of a crime or offense made punishable by the laws of the jurisdiction making the request, to the civil authorities of the United States or of a State of the United States under the conditions prescribed in this part.

§ 813.2 Policy.

(a) Offenses punishable by imprisonment for more than one year. The general policy of the Air Force is to turn over to the civil authorities of the Federal Government or a State of the United States, upon their request, members of the Air Force charged with a civil offense punishable by imprisonment for more

than one year, when such request is accompanied by a copy of the indictment, information, or other document which may be used in the particular jurisdiction to prefer formal charges of the commission of a criminal offense. In addition, the general policy of the Air Force is to turn over to Federal authorities, upon their request, members of the Air Force for whom a warrant of arrest has been issued for a Federal offense punishable by imprisonment for more than one year, when such request is accompanied by a statement from a United States attorney that an indictment will be sought and that substantial grounds exist for belief that an indictment will be returned.

(b) Offenses punishable by imprisonment for one year or less. Upon request of civil authorities for the delivery of a member of the Air Force charged with an offense punishable by imprisonment for one year or less, the commander authorized to deliver will exercise his discretion after consideration of the nature of the offense charged, other facts and circumstances, and the existing military situation. The request for delivery will be accompanied by a copy of the information or other document which may be used in the particular jurisdiction to prefer formal charges.

(c) Request for delivery by a State other than the State in which person requested is located. 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 Air Force to transfer members of the Air Force from a station within one State to a station within another State for the purpose of making such person amenable to civilian legal proceedings. Accordingly, if the delivery of a member of the Air Force is requested by a State other than the State in which he is located, the authorities of the requesting State may be required to complete extradition process according to the prescribed procedures to obtain custody of a person from the State in which the individual is located and to make arrangements to take the individual into custody there.

§ 813.3 Procedure for delivery.

(a) Delivery to State authorities. Prior to making delivery to civil authorities of a State, the commander having authority to deliver will obtain from the Governor or other duly authorized officer of such State, a written agreement substantially in the following form:

In the consideration of the delivery of

(Name, grade, and service number) United States Air Force to

at for trial upon the charge of I hereby agree, pursuant to the authority vested in me as that the commander of will be informed of the outcome of the trial and that said will be returned to Air Force authorities at the aforesaid place of his delivery, or issued transportation thereto without expense to the United States or to the person delivered, immediately upon completion of his trial upon the charge aforesaid in the event that he is acquitted upon said trial, or immediately upon satisfying the sentence of the court in the event that he is convicted and a sentence imposed, or upon other disposition of his case, unless the Air Force authorities shall have indicated that return is not desired.

The Air Force considers this agreement substantially complied with when the Air Force authority who delivered the accused is informed of his prospective release for return to Air Force authorities, and when the individual is furnished transportation back to his station together with necessary funds to cover his incidental expenses en route thereto.

(b) Delivery to Federal authorities. Persons desired by the Federal authorities for trial will be called for and taken into custody by a United States marshal, deputy marshal, or other officer authorized by law upon agreement that the alleged offender will be returned to the custody of the Air Force immediately after having answered to the civil authorities for his offense, including service of any unsuspended sentence to confinement, except where the Air Force has advised the Federal authorities that the return of the offender is not desired. (At the time of delivery, the United States marshal, deputy marshal, or other officer should be advised, in writing, as to the location of the Air Force station nearest the place of trial where the delivered person may be returned to the custody of the Air Force.)