quire that the film scrip and production reflect the Army's traditions, ideals, and devotion to the public service.

(2) Army cooperation in motion pictures produced by a foreign firm in an oversea command normally will be authorized in the manner outlined in subparagraph (1) of this paragraph. Oversea Army commanders may, however, authorize Army cooperation in such motion pictures when production schedules make proper and accurate portrayal of the Army dependent upon immediate cooperation.

(3) Commanders learning of motion picture projects concerning Army subjects that are being produced without the knowledge of the Department of the Army will report such information to the Department of the Army, ATTN: Chief of Information and Education.

(b) Radio and television. (1) Radio and television scripts and productions are certified for Army cooperation in the same manner as are motion pictures when proposed for, or subject to, release on a national scale, or when the subject matter thereof concerns information reserved to the review authority of the Department of the Army or the Department of Defense.

(2) A major commander may authorize Army cooperation in a radio or television production which is regional to his command in public interest and coverage. An installation commander has similar authority in the case of productions that are limited in public interest to his own local area.

(c) Legitimate stage productions. (1) Limited Army cooperation may be extended to legitimate stage productions, not classed as "little theater," in the same manner as indicated in certifying cooperation for motion pictures and television.

(2) Since legitimate stage productions for "little theater" normally are restricted to local audiences, commanders of installations in the vicinity of such activities may authorize cooperation in such productions in accordance with authority contained in paragraphs (a) and (b) of this section. Such cooperation normally will consist of technical advice and informational assistance. However, if necessary to assure accuracy of presentation, commanders may provide necessary items of equipment, etc. § 504.9 Visits of media representatives to military installations and facilities of

Department of Defense contractors. Subject to the provisions of §§ 505.17 to 505.20 of this subchapter and Subchapter E of Chapter I of this title, visits of media representatives, including those representing national media and representatives of advertisers, to military installations and the facilities of contractors engaged in work for the Army, may be authorized by the commanding officers and the Department of Defense contractors concerned.

§ 504.10 Release of information on nonbattle losses (accidents) occurring within the Continental United States. The Department of the Army policy is to reduce the minimum overall delay between the time of an accident and the release of information to the press.

(a) In cases of accidents within the confines of installations of the Armed Forces, public release of names and addresses of killed or injured military personnel may be withheld until such times as the next of kin can reasonably be expected to have received the official notification of the accident. In order to allay the anxiety of relatives of other personnel of the installation, however, every effort will be made to release such names and addresses at the same time that the news of the accident itself is released, or as soon thereafter as possible. In cases where the identification of victims of an accident involving more than one person introduces a delay in notifying some of the nearest of kin concerned, the names and addresses of individuals killed or injured will be released separately as notification is accomplished.

(b) In case of accidents outside the confines of installations of the Armed Forces:

(1) If military personnel figure in accidents involving civilian or military automobiles, trains, commercial or private aircraft, or in any other types of accidents with the exception of subparagraph (3) of this paragraph, the names and addresses of the military personnel should be released immediately upon positive identification.

(2) If the accidents involve military aircraft which crash in or upon the borders of cities or towns, or which cause civilian deaths or injuries or appreciable damage to property, the names and addresses of the military personnel should be released immediately upon positive identification.

(3) If the accidents involve military aircraft which crash in localities remote from populated areas involve no civilian deaths or injuries and cause no appreciable property damage, names and addresses of military personnel may be withheld until such time as the next of kin can reasonably be expected to have received notification of the accident.

(4) For the purpose of this section, an aircraft chartered by the Department of the Army for the exclusive use of the military, or by individual members of the Army for their exclusive use, will be considered to be military aircraft and the releasing of information relative to casualties will be governed accordingly.

(c) When circumstances permit, onestory coverage of accidents is desirable. Normally, information released will be substantially as follows:

(1) Statement that the accident has occurred.

(2) Location of the accident and the time.

(3) Names and addresses of the deceased or injured persons.

(4) In answer to questions on the cause of the accident, the customary reply will be that a board of officers will investigate and determine the exact cause. Unclassified information based upon approved finding of such boards may be made available to media.

(d) In all accidents, prompt action will be taken to safeguard items of Government property or projects which are classified.

This responsibility should be discharged with due consideration for reporters and photographers in the performance of their duties. Harmony and cooperation between public information officers and members of the press usually will promote fair and unsensational reporting of accident stories.

(e) Information regarding line of duty or misconduct status of individuals will not be released to the public except with the express approval of the Secretary of the Army or The Adjutant General.

§ 504.11 Release of information on casualties and nonbattle losses in oversea areas. The policy of the Department of the Army is to release information to news media on casualties (except missing in action, paragraph (a) (3) (iii) of this section), and nonbattle losses as soon as possible after the emergency addressees

have been officially notified. Information will be released as follows:

(a) Casualties. (1) Immediately, if notification has been made by the oversea commander to the emergency addressee, or next of kin, residing within the oversea command.

(2) In all other cases, not less than 72 hours after dispatch of notification telegram by The Adjutant General.

(3) Casualties will be identified according to type, except missing in action, in news releases and the term "casualty" itself will be avoided in order to correct a popular tendency to construe "casualties" to mean "killed." News releases will identify casualties as: (i) Total deaths. (a) Killed in action.

(b) Died of wounds received in action. (ii) Wounded in action (with a subparagraph indicating percentage of wounded returned to duty based on medical records).

(iii) Missing in action-Notification will be made to next of kin only and should disclose no information other than the fact that the man is missing.

(4) In all cases pertaining to casualties, notification of the emergency addressee takes precedence over the release of such information to the public.

(5) The Adjutant General will furnish information concerning casualties to the Chief of Information and Education for dissemination to news media.

(b) Nonbattle losses. (1) Immediately, if notification has been made by the oversea commander to the emergency addressee, or next of kin, residing within the oversea command.

(2) In all other cases (except subparagraph (3) of this paragraph) not 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.

§ 504.13 Release of information concerning activation, reactivation, or inactivation of military installations. As 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 will not impede or interfere with the progress of the trial.

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) 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.

1 Revoked.

(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.