regulations in this section for guidance in establishing local procedures.

(c) Authority. (1) Title 18, United States Code, subsection 793 (a) makes it a felony for anyone, for the purpose of obtaining information respecting the national defense with intent or reason to believe that such information is to be used to the injury of the United States, or to the advantage of a foreign nation, to enter, fly over, or otherwise obtain information concerning installations connected with the national defense.

(2) Title 18, United States Code, subsection 793 (b) makes it a felony for anyone with like purpose to copy, take, make, or obtain, or attempt to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense.

(3) Title 18, United States Code, section 795 makes it a misdemeanor for anyone to photograph, sketch, or make a graphical representation of military installations or equipment which have been defined as vital or requiring protection against general dissemination of information without the authorization of the commanding officer and without promptly submitting the product obtained to the commanding officer or higher authority for censorship.

(4) Section 21, Internal Security Act of 1950 (64 Stat. 1005, 50 U. S. C. 797) makes it a misdemeanor for anyone to violate any order or regulation promulgated by a military commander designated by the Secretary of Defense for the protection or security of military installations or activities, respecting ingress, egress, or removal of persons therefrom, or otherwise safeguarding the same against, destruction, loss, or subversive activity.

(d) Definitions-(1) Restricted area. Any area, access to which is subject to special restrictions or controls for reasons of security or safeguarding of property or material, exclusive of those designated areas over which flight of aircraft is restricted. Restricted areas may be of different types, depending on the nature and varying degree of importance, from a security standpoint, of the security interest or other matter contained therein.

(2) Exclusion area. A restricted area containing:

(i) A security interest or other matter which is of such nature that access to the area constitutes, for all practical purposes, access to such security interest or matter; or

(ii) A security interest or other matter of such vital importance that proximity resulting from access to the area is treated as equivalent to subdivision (i) of this subparagraph.

(3) Limited area. A restricted area containing a security interest or other matter, in which uncontrolled movement will permit access to such security interest or matter; but within which access may be prevented by escort and other internal restrictions and controls.

(e) Designation. (1) When conditions warrant, the commanding officer of an Army installation or activity will designate restricted areas within his command for the purpose of protecting classified defense information or safeguarding of property or material. Το meet different levels of security sensitivity and provide an efficient and effective basis for applying the varying degrees of restriction of access, control of movement, and type of protection required, exclusion or limited areas will be established as appropriate dependent upon the nature, sensitivity, or importance of the security interest or other matter involved.

(2) Where required he will install adequate physical safeguards such as fences, gates, window bars, etc., to deny entry of unauthorized persons into restricted areas. Except where such action would tend to advertise an otherwise concealed area, he will also post signs or notices in conspicuous and appropriate places, such as ordinary entrances or approaches to these areas, and on perimeter fences or boundaries of the area. Regardless of the type restricted area as defined herein each sign or notice will be marked with the words "Restricted Area", and in addition will include the following warning notice:

WARNING

This (fort, range, plant, laboratory, etc.) has been declared a restricted area by authority of (Title: Commanding General, Commanding Officer, Officer in Charge) in accordance with the provisions of the directive issued by the Secretary of Defense on 20 August 1954, pursuant to the provisions of Section 21, Internal Security Act of 1950. Unauthorized entry is prohibited. All persons and vehicles entering hereon are liable

to search. Photographing, making notes, drawings, maps, or graphic representations of this area or its activities, is prohibited unless specifically authorized by the commanding officer. Any such material found in the possession of unauthorized persons will be confiscated.

(f) Procedure in case of violation. (1) The installation or activity commander will cause any person not subject to military law, who without competent authority enters a restricted area, to be brought immediately before proper authority where he will be searched and interrogated. If it is a first offense and the offense appears not to have been willful, the offender will be warned against repetition and released. Where it appears that the unlawful entry was made with intent to do harm to the national security, the nearest office of the Federal Bureau of Investigation will be notified, and the offender will be delivered without delay to the nearest United States Marshal with a written statement of the facts, the names and addresses of witnesses, and such pertinent exhibits as may be available. In all cases any unlawful notes, photographs, sketches, pictures, drawings, maps, graphic representations, or other material found in his possession will be surrendered.

(2) When an investigation reveals that a person not subject to military law has entered such a restricted area, and custody of the individual has not been effected, the installation or activity commander will promptly notify the nearest office of the Federal Bureau of Investigation, reporting all facts, including the names and addresses of witnesses.

(3) Violators of restricted areas who are subject to military law will be dealt with under the appropriate provisions of the Uniform Code of Military Justice. Where it becomes evident that the violation was not willful, first offenders will be dealt with as in subparagraph (1) of this paragraph.

[23 F. R. 1811, Mar. 18, 1958]

§ 505.19 Responsibility of Government contractors regarding visitors. [Revoked, 23 F. R. 1812, Mar. 18, 1958]

§ 505.20 Restricted areas. [Revoked, 23 F. R. 1812, Mar. 18, 1958]

addressee or other authorized persons is as follows:

(1) In continental United States. (1) The commander of the Army installation where the incident occurs, or the Army installation nearest the place of the incident in case of personnel absent from their proper station, will report to The Adjutant General.

(ii) The reporting commander will make notification to the emergency addressee or other authorized persons who reside in the continental United States. When it is impracticable for the installation commander to effect notification he should report the fact to The Adjutant General who will make the notification.

(iii) The Adjutant General will effect notification when the person to be notified resides outside the continental United States.

(2) In oversea commands. (i) The commander will report to The Adjutant General a case which occurs within that command.

(ii) Notification to the emergency addressee or other authorized persons will be made by the oversea commander when the person to be notified is within the reporting command or is outside the command but not within the continental United States and is more accessible to the oversea commander than to The Adjutant General.

(iii) The Adjutant General will notify the emergency addressee or other authorized persons except as provided in subdivision (ii) of this subparagraph.

(3) On high seas. (i) The Army unit commander or other senior Army representative aboard ship will report to The Adjutant General (through port authorities) a case which occurs on the high seas.

(ii) When the person to be notified is aboard the ship, notification will be made by the Army unit commander or senior Army representative aboard. When this person is at the port of expected arrival, notification will be made by the port commander.

(iii) Notification to the emergency addressee or other authorized persons will be made by The Adjutant General except when the person to be notified is aboard the ship or is at the port of expected arrival.

(4) In other areas. In cases not included within subparagraphs (1), (2), or (3) of this paragraph, the senior Army representative within the area will report to The Adjutant General. Notification to the emergency addressee or other authorized persons will be the same as outlined in subparagraph (2) (ii) and (iii) of this paragraph.

(b) In cases of a casualty or nonbattle loss while the individual is absent from his proper station, his commanding officer will be informed by the fastest means available.

[20 F. R. 6451, Sept. 1, 1955]

§ 511.2 Sympathy letters. The installation commander or oversea commander reporting a death to The Adjutant General will insure that a letter of sympathy is written and forwarded to the emergency addressee designated by the individual and other individuals notified or to be notified. For a reservist participating in Reserve duty training, the chief of the military district will be responsible for the letters. The letters may be prepared and signed by the chaplain serving the organization or installation. In any event, the letters will be prepared and dispatched by the responsible officer, not later than 24 hours after the initial notification (or report to The Adjutant General, if initial notification is to be made by The Adjutant General).

[16 F. R. 11430, Nov. 9, 1951]

§ 511.3 Correspondence. 20 F. R. 6452, Sept. 1, 1955] § 511.4

[Revoked,

Disposition of personal effects outside combat areas.

(a) Purpose and scope—(1) Purpose. This section and § 511.5 prescribe the manner of disposing of the household and personal effects and/or motor vehicles of certain persons who are deceased or missing outside combat areas when such effects are under the control of Army authorities.

(2) Scope. Procedures set forth in this section and § 511.5 govern the disposition of household and personal effects and/or vehicles of Army personnel and civilians accredited to the Army who are officially reported dead or missing. The regulations of this section do not authorize transportation (as distinguished from disposition) of personal property and effects.

(b) Responsibility. The Quartermaster General is responsible for the development, formulation, and promulgation of policies, standards, and procedures and for exercising staff and technical supervision relating to the handling and disposition of personal effects of deceased and missing Army personnel.

(c) Care of effects. The greatest care will be taken to safeguard the personal effects of deceased individuals. Every effort must be made to eliminate pilferage, damage, or loss of the effects. Before delivery or shipment, the effects should be screened carefully to remove and destroy those which are obnoxious in nature, or which might cause embarrassment if forwarded to the person entitled to receive such effects. Shipment of bloodstained clothing and effects to next of kin will be avoided. Such items will be cleaned before shipment.

(d) Safeguarding military information. All documents and any sealed material in the effects will be reviewed to insure proper safeguarding of military information. Classified material or material warranting classification will be withdrawn and submitted to the intelligence officer for review. Materials suitable for release will be returned by the intelligence officer for disposition.

(e) Clothing and equipment. All organizational clothing and equipment and all other Government property to which the individual is not entitled will be withdrawn from the personal effects and turned over to the appropriate supply officer on DA Form 1546 (Request for issue or Turn-in). Credit entries for the items withdrawn will be made on the records of the individual. Personal clothing to which title vests in the individual will not be withdrawn from effects, except to the extent necessary to provide clothing for burial.

Upon

(f) Collection and inventory. the death of any person within the scope of this section, the immediate commanding officer of the deceased person, or the commanding officer of the installation at which effects are located, or his designated representative, will collect the effects, process them as indicated in paragraphs (c), (d), and (e) of this section, and prepare an inventory of the effects of DA Form 54 (Record of Personal Effects-Outside Combat Areas).

(g) Delivery of effects to surviving spouse or legal representative. If the

surviving spouse or legal representative is present at the installation where effects are located, the commanding officer of the installation or his representative will deliver the effects in person and will obtain a receipt for the effects on the original copy of DA Form 54; or, if requested by such person, he will arrange for packing and shipment of effects at Government expense as authorized.

(h) Currency, commercial papers, stocks, bonds, etc. (1) If surviving spouse or legal representative is present, all currencies, commercial papers, stocks, bonds, checks, etc. (except funds belonging to the Government, Government checks payable to the deceased which are drawn on the Treasurer of the United States or on foreign depositories, and military payment orders payable to the deceased) will be delivered with other effects to the surviving spouse or legal representative. Government funds will be handled as indicated in subparagraph (2) (iii) of this paragraph. Government checks will be transmitted to the issuing finance and accounting officer and military payment orders will be turned over to the nearest finance and accounting officer for action as indicated in subparagraph (3) of this paragraph.

(2) If the surviving spouse or legal representative is not present, the summary court will take the following action in disposing of currencies found among the effects:

currency. All

or

(i) United States United States currency (if total amount exceeds $5) will be turned in to the nearest disbursing officer for issuance of a United States Treasury check foreign currency check, as appropriate. Check will be forwarded to the person entitled to receive the effects or to a consular representative acting as agent for such person (paragraph (j) of this section). Such transaction will be recorded in item 9 of DA Form 54, and this record will include the date and number of the check and the disbursing officer's symbol number. If United States currency found is less than $5, such money may be included with other effects transmitted.

(ii) Foreign currency. Foreign currencies found in the effects will be disposed of as follows:

(a) Foreign currencies having monetary value in amounts not in excess of

one month's basic pay and allowances will be turned in to the nearest disbursing officer for issuance of a United States Treasury check for the dollar equivalent of the foreign currency, computed at the current rate of exchange.

(b) Foreign currencies having monetary value in amounts in excess of one month's basic pay and allowances will be forwarded to Chief of Finance, Field Division, Indianapolis 49, Ind., for a decision regarding the conversion of such currency.

no

(c) Foreign currencies having monetary value will be considered souvenir money and will be transmitted with the effects to the designated consignee.

(d) Disposition of all foreign currencies will be recorded in item 9, DA Form 54.

(iii) Government funds. Government funds entrusted to personnel as agents or finance officers are not effects. If it appears that funds found on the deceased may be Government funds, all funds found on deceased will be turned over to the disbursing officer on appropriate finance forms to be held in special deposits until determination can be made as to the amounts belonging to the Government and to the individual.

(iv) Military payment certificates. (a) Valid military payment certificates will be converted to a United States Treasury check or foreign currency check, as appropriate, and forwarded to the next of kin or legal representative.

(b) Invalidated series of military payment certificates in amounts not in excess of $500 will be converted into a treasury check provided the date of death of the deceased was prior to the date the series of military payment certificates was withdrawn from circulation. Amounts in excess of $500 will be forwarded by the summary court officer to Office, Chief of Finance, Field Division, for decision regarding exchange of such certificates.

(c) Disposition of all military payment certificates will be recorded in item 9, DA Form 54.

(3) If the surviving spouse or legal representative is not present, the summary court will take the following action to dispose of commercial papers and checks found among the effects:

(i) Bank deposit books, stocks, bonds, or negotiable instruments which include traveler's checks, money orders, etc., except checks drawn on the Treasury of the United States or on foreign depositories and military payment orders, will be transmitted to the next of kin or legal representative with other effects. However, negotiable instruments made payable to the deceased in settlement of a debt due by a local debtor may be indorsed by the summary court for collection and the proceeds will be disposed of in the same manner as currency found among the effects.

(ii) Negotiable instruments found among the effects which, for valid reasons, cannot be transmitted to the next of kin or legal representative will be forwarded to the Quartermaster General, Department of the Army, Washington 25, D.C., Attn: Memorial Division.

(iii) Government checks (payable to the deceased) drawn on the treasurer of the United States or on foreign depositories will be transmitted to the issuing disbursing officer or his successor in office for appropriate action. Proper notation will be made in item 9, DA Form 54, concerning these checks and the next of kin or legal representative will be advised of their deposit so that claim may be made for them.

(iv) Military payment orders (payable to the deceased) found among the effects of deceased personnel will be turned over to the nearest finance and accounting officer for appropriate action. Proper notation will be entered in item 9, DA Form 54 and the next of kin or legal representative will be advised so that claim may be made for the proceeds of such military payment orders.

(i) Sale of effects. (1) If the surviving spouse or legal representative is not present, the commanding officer may authorize the sale of certain effects by the summary court when:

(i) The sale of effects would be to the interest of both the person designated to receive the effects and the Government, and prior to the sale the summary court has advised the person designated to receive the effects of the proposed sale and has obtained from such person a power of attorney to sell the effects concerned either by public or private sale; or

(ii) The sale of motor vehicles and other bulky items of household and personal effects of the person would be in