§§ 805.51 to 805.61 will not include any reference to atomic energy "restricted data."

(c) Denial of clearances. Except as authorized in paragraph (e) of this section, Air Force activities will not initially deny personnel security clearances to contractor employees. Whenever a denial appears justified, a copy of the report of investigation and any other evidence upon which the decision is predicated will be forwarded, with appropriate recommendations, to the ArmyNavy-Air Force Personnel Security Board for decision. In each instance, a copy of the recommendations forwarded to the Army-Navy-Air Force Personnel Security Board for denial of clearance will be forwarded to the Deputy Inspector General for Security, Headquarters United States Air Force, Washington 25, D. C.

(d) "Q" clearances for "restricted data." The granting of Atomic Energy Commission "Q" clearances for access to "restricted data" in the possession of contractors or contractors' employees of the Atomic Energy Commission is governed by current directives. Denials or revocation of "Q" clearances are not appealable under the provisions of §§ 805.51 to 805.61.

(1) A

(e) Cryptographic clearances. cryptographic clearance is required before a letter of consent may be issued for any person to have access to classified cryptographic information in connection with a contract involving research, development, or production of classified cryptographic equipment or other classified cryptographic material.

(2) Whenever time permits, a background investigation will be conducted in advance on all individuals who will have access to the classified security information referred to in subparagraph (1) of this paragraph.

(3) If time does not permit the completion of background investigations, at least a complete National Agency Check will be conducted in advance before such persons may be granted access to the classified security information involved.

(4) Only such persons as are eligible for access to cryptographic matter under criteria prescribed in current directives may be granted crytographic clear

ances.

(5) If a person referred to in subparagraph (1) of this paragraph, is eli

313032-55

gible for access to the classified cryptographic information specified, and the results of the investigation of such person are satisfactory, a cryptographic clearance may be granted and a letter of consent issued. Only an interim clearance may be granted if the investigation completed is only a National Agency Check.

(6) Letters of consent which are based on a cryptographic clearance will include a notation to that effect.

(7) Denials or revocations of cryptographic clearances are not appealable under §§ 805.51 to 805.61.

(f) Employees of colleges and universities. In addition to other clearances prescribed in this section, commanders concerned are responsible for granting clearances and issuing letters of consent for the employment by colleges and universities of persons on duties requiring access to information classified Confidential or Restricted, pursuant to the provisions of current directives.

(g) Unclassified information. Appropriate letters of consent may be issued by major air commanders concerned, to contractors involved, for alien employees requiring access to unclassified matter described in section 10 (j), act of July 2, 1926 (44 Stat. 787; 10 U. S. C. 310 (j)). Consent will not be granted unless, after full consideration of the evidence presented, it is determined that the employment of such person in the manner proposed will not be inimical to the interests of the United States. When a denial is indicated, the provisions of paragraph (c) of this section will govern. Normally, a review of DD Form 49 should be sufficient.

§ 805.56 Waiver of certain clearance requirements. (a) Except for atomic energy "restricted data" and cryptographic information, commanders of major air commands concerned are authorized to modify clearance requirements for Air Force contractor employees, except aliens, who require access to Secret matter, pending completion of National Agency Checks, when considered necessary for the performance of contracts. Such action will not be taken, however, unless after full consideration of the evidence presented (DD Form 48, with personnel reports of contractors or other similar data, such as that obtainable from local sources), it is determined that such access will not be inimical to the security interests of

Page 25

the United States. In arriving at decisions to modify clearance requirements, the criteria referred to in § 805.55 (a) should be applied. Further, letters of consent should be issued when favorable action is taken pursuant to the provisions of this paragraph, subject to revocation if derogatory information is subsequently developed.

(b) In connection with the authority to modify clearance requirements as indicated in paragraph (a) of this section it is not intended that contractors should be compelled to furnish personnel reports. However, when personnel reports or other similar data are not available, action to modify clearance requirements I will not be taken.

§ 805.57 Revocation of clearance. Except as authorized in § 805.55 (e), when a letter of consent has been issued, it will not be revoked, except in an emergency, until authorization therefor has been obtained from the Army-Navy-Air Force Personnel Security Board. An emergency is defined as any situation in which failure to act until the above authorization has been obtained presents a serious threat to the security interests of the United States. In arriving at decisions to revoke letters of consent, the criteria referred to in § 805.55 (a) should be applied. In each instance, a copy of the recommendations forwarded to the Army-Navy-Air Force Personnel Security Board for revocation of a letter of consent (clearance) will be forwarded to the Deputy Inspector General for Security, Headquarters United States Air Force.

§ 805.58 Appeals from denials. Any contractor employee who has been denied a personal security clearance or whose clearance has been revoked will be advised of his right of appeal in accordance with established policy on this subject. (This does not apply to cryptographic clearances or to Atomic Energy Commission "Q" clearances.)

§ 805.59 Central records. (a) Immediately upon the granting of a clearance of contractor employees, DD Form 264, Central Security Index File-Personnel, will be completed and promptly sent to the Central Index Files, Army-Navy-Air Force Personnel Security Board, c/o Provost Marshal General, Washington 25, D. C. The fact that a fingerprint check has been conducted will be reflected on the form.

(b) When a clearance is denied, or a letter of consent revoked, a statement to that effect will be sent to the Central Index Files in addition to the other information required in paragraph (a) of this section. Periodically, a list of such denials will be made available to major air commands concerned.

§ 805.60 Subcontractor employees. The policies contained in §§ 805.51 to 805.61 pertaining to contractor employees are equally applicable to employees of subcontractors.

§ 805.61 Prescribed forms. The following Department of Defense forms are prescribed for the uses indicated:

(a) Central Security Index File Check, DD Form 555. A request for information from the Central Index Files concerning the security clearance status of contractors, prospective contractors, and individuals may be submitted on DD Form 555, Central Security Index File Check.

(b) Investigative forms. The following forms are prescribed for requesting investigations, including the number of copies of each form which will accompany each request:

(1) Five copies of DD Form 48, Personnel Security Questionnaire, will be completed by all United States citizens who are subject to investigation by reason of employment on Department of the Air Force contracts.

(2) Five copies of DD Form 49, Alien Questionnaire, will be completed by all aliens who are subject to investigation by reason of employment on Department of the Air Force contracts, and, in the case of contracts for furnishing or constructing aircraft, aircraft parts, and aeronautical accessories, by all aliens who require access to the plans or specifications, or to the work under construction, or who participate in the contract trials, whether or not access to classified security information is involved.

(3) One Applicant Fingerprint Card (Number 16-63416-1) will be completed for all persons subject to investigation by reason of employment requiring access to classified security information. The National Defense Program Fingerprint Cards may also be used until present supplies are exhausted.

(c) Letters of Consent for Employees, DD Form 560 and DD Form 561. One copy of DD Form 560, Letter of Consent

813.3 Procedure for delivery.

AUTHORITY: §§ 813.1 to 813.3 issued under sec. 1, 64 Stat. 112; 50 U. S. C. 568.

SOURCE: §§ 813.1 to 813.3 appear at 19 F. R. 3964, June 30, 1954.

§ 813.1 General. The commander of a command exercising general courtmartial 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 author

ities 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 amendable 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

-1)

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.)

SOURCE: §§ 822.1 to 822.13 appear at 18 F. R. 5384, Sept. 5, 1953; 19 F. R. 3418, June 10, 1954, except as otherwise noted.

§ 822.1 Purpose. This part fixes responsibility and prescribes procedures for the use of Air Force installations by other than Air Force aircraft.

§ 822.2 Policy. (a) Air Force installations are established to support the operation of aircraft of the United States Air Force. Air Force facilities, personnel, and materiel are maintained only to the extent required for use by the Air Force.

(b) Civil aircraft may be permitted to use Air Force installations provided that: (1) There is no significant interference with Air Force operations.

(2) The security of Air Force operations facilities, or equipment is not compromised.

(3) No adequate civil airport is available.

(c) Aircraft listed in § 822.11 (a) may be permitted to use Air Force installations provided that:

(1) There is no significant interference with Air Force operations.

(2) The security of Air Force operations, facilities, or equipment is not compromised.

(d) Supplies and services may be furnished to other than Air Force aircraft under the provisions of this part.

(e) Air Force installations and facilities will not be made available for the use of civil aircraft in competition with private enterprise.

(f) Nothing in this part will be construed to prohibit any aircraft from landing at any Air Force installation in case of emergency.

(g) Exceptions to this part will be made only by the Chief of Staff, USAF.

§ 822.3 Definitions-(a) Installation. A separately located and defined area of real property in which the Air Force exercises a real property interest and which has been designated as an Air Force installation by Headquarters USAF; or where the Air Force has jurisdiction over real property by agreement, expressed or implied, with foreign governments, or by rights of occupation.

(b) Air navigation facilities. Any airport, emergency landing area, light or other signal structure, radio directional finding facility or other communication facility, and any other structure or facility used as an aid to air navigation.

(c) Airport. Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and which provides facilities for their shelter, supply, and repair; a place used regularly for receiving or discharging passengers or cargo by air.

(d) Civil airport. A nonmilitary airport, the operation of which is not under exclusive operational control of the Air Force.

(e) Regular airport. An airport used as a regularly scheduled stop by certified air carriers.

(f) Provisional airport. An airport approved for the purpose of providing adequate service to a community when the regular airport serving that community is not available for an extended

period, because of repair, construction, or the performance of other work. (Planes may be dispatched.)

(g) Alternate airport. An airport, specified in the flight plan, to which an aircraft may proceed when a landing at the point of first intended landing becomes impractical. (Planes may not be dispatched.)

(h) Civil aircraft. Aircraft (domestic or foreign) operated by private individuals or corporations of any national registry, including foreign governmentowned commercial aircraft, in other than military or governmental operations.

(i) Foreign aircraft. Civil aircraft owned by a foreign national or a foreign corporation and registered with a foreign nation.

(j) Military aircraft. Aircraft operated by the military agencies of any government.

(k) Contract carrier. Civil aircraft, the operations of which are controlled under terms of a contract administered by any Department of the United States Government.

(1) Charter carrier. (Single or multiple-trip charter carrier.) Civil aircraft operating under contract to the Air Force but not under operational control of the Air Force.

(m) Production aircraft. Aircraft produced by private corporations or individuals under contract to the United States Government.

Aircraft

(n) Government aircraft. owned or operated by any government, as distinguished from military, commercial, or private aircraft and which do not come under paragraph (h) of this section as civil aircraft.

(0) AF Form 180, "Hold Harmless Agreement." An instrument designed to relieve the United States Government from liabilities and claims for damages arising out of the use of Air Force installations by civil aircraft.

(p) AF Form 181, "Aircraft Permit." An instrument issued subsequent to the execution of AF Form 180, authorizing the use of an Air Force installation without conveyance of interest in real property.

(q) Exclusive use. The term refers to an installation, or portions thereof, over which the Air Force has complete jurisdiction and operational control. [18 F. R. 5384, Sept. 5, 1953, as amended at 19 F. R. 3418, June 10, 1954]