or

other official government requirements. (b) Photographs. Photographs similar reproductions of classified matter are prohibited, except by persons specifically directed or authorized by proper authority.

(c) Secret and top secret information of any agency other than the Air Force. Secret or top secret documents originated in a department or agency of the Executive Branch of the Federal Government other than the Air Force will not be reproduced without the consent of the originating department or agency.

(d) Effect of limitations imposed by originators. A document will not be copied, photographed, or otherwise reproduced in whole or in part without approval of the originator or higher authority in the same chain of command, providing the originator requires such approval.

(e) Commercial facilities. Classified matter other than top secret may be printed, developed, or otherwise processed or reproduced in properly cleared commercial facilities if adequate Government facilities are not available.

§ 805.5 Dissemination—(a) General— (1) Basic principle. Only persons who are known to be trustworthy and whose official duties require knowledge or possession of classified defense information in the interest of promoting national defense will be permitted to have access to it. (It is emphasized that no person is entitled to knowledge of or access to classified defense information solely by virtue of his office or position.)

(2) Determination of requirement for access. Responsibility for determining whether a person's official duties require that he possess or have access to any classified information and whether he is authorized to receive it rests upon the individual who has possession, knowledge, or command control of the information involved and not upon the prospective recipient. However, the individual who has this possession, knowledge, or command control will not disclose or permit access to the information unless he is authorized to do so by §§ 805.1 to 805.13.

(3) Determination of trustworthiness of persons. A person may be deemed trustworthy if he has been granted personnel security clearance for access to the category of information involved. Also, a previous clearance or investiga

tion may be considered in determining an individual's trustworthiness. In addition, persons may be deemed trustworthy if the officer or official authorized to release or disclose classified information to them personally certifies that they are (except when prior investigative action and/or clearance is specifically required by regulation or instructions of higher authority.)

(4) Discussion and access. Classified information will not be discussed in the presence or hearing of unauthorized persons.

(5) Physical security factor. Possession or use of classified defense information or material will be limited to locations where prescribed facilities for secure storage or protection of it are available.

(6) Information of an agency other than Department of Defense. Classified information originating in an agency outside the Department of Defense will not be disseminated outside the Department of Defense without the consent of the originating agency, except as otherwise provided by the National Security Act of July 26, 1947, (sec. 102, 61 Stat. 498, as amended, 50 U. S. C. 403). (Information originated by a contractor to a department or agency is considered as originated by that department or agency.)

(7) Automatic distribution and dissemination. Regulations and other directives which authorize automatic distribution of documents or dissemination of information will not apply to classified information unless the proposed dissemination is necessary and is authorized by §§ 805.1 to 805.13. Normally, automatic distribution of classified information outside the Department of Defense will not be authorized.

(b) To Department of Defense and interdepartmental activities—(1) Аиthority. Subject to paragraph (a) of this section originating headquarters or unit, or higher authority in the same chain of command, may disseminate classified information to other agencies, activities, or personnel in the Department of Defense by the same channels established for military correspondence. Under the same conditions, dissemination to officially constituted interdepartmental committees with Air Force membership is also authorized.

Page 17

(2) Requests. An individual will not make a request for classified material unless he has a clear, official requirement for knowledge or possession of such material. No request will be honored by any commander or other person, regardless of the grade or position of the requester, unless the validity of the request has been fully established on the basis of policy prescribed in §§ 805.1 to 805.13.

(3) Restriction against release for personal use. Classified information may not be released to anyone for private use (personal, commercial, or as background information). In this connection, military personnel on active duty, military personnel in retired status, members of the Reserve Forces, and civilian personnel who request classified information for such use will be considered as "private individuals"; and their requests will not be approved, even though they may have been partly or solely responsible for production of the information.

(4) Limitation on disclosure to Reserve Forces personnel. Certain members of the Air Force Reserve and the Air National Guard of the United States not on extended active duty, including persons undergoing inactive duty training, may have access to classified information under the conditions specified in subdivisions (i) and (ii) of this subparagraph.

(i) Top secret information will not be used in Reserve Forces training programs. However, an individual on a short or special tour of active duty may be permitted access to such information if it is essential for the performance of his officially assigned duties.

(ii) Individuals participating in active or inactive duty training, as defined in §§ 861.1 to 861.14 of this chapter, may be permitted access to specific information classified secret or confidential only if they need it to perform their officially assigned duties.

(c) Identification and protection—(1) Identification. Before an individual discusses or permits access to classified information, he must make sure that the intended recipients are indisputably identified and determined trustworthy (by personal recognition, identifying documents, or verification of identity by telephone, telegraph, radio, or mail communication). If prior personnel security clearance is prescribed as a prerequisite for access to a specific item of informa

tion, the intended recipients' clearance will be verified.

(2) Protection. When classified information is discussed with persons who are subject to military law or are employed in the Executive Branch of the Federal Government they will be informed of its classification. When classified information is discussed with persons other than those subject to military law or employed in the Executive Branch, they will be informed that it affects the national defense of the United States within the meaning of the Espionage Laws and that its revelation to an unauthorized person is prohibited by law.

(d) Telephone conversations. Classified information will not be discussed or revealed over the telephone. However, it is permissible to refer to classified material, provided that such references do not reveal the classified portions. For example, reference may be made to the file number, date, and subject (provided that the subject itself is not classified). Each individual must make sure that questions or their answers to not reveal classified information.

(e) Commercial publications—(1) Individual activities. Military or civilian personnel will not include classified information in any personal or commercial article, thesis, book, or other product written for publication or distribution.

(2) Compilations of information. A compilation of individually unclassified items may be published in commercial or service publications only after coordination with the office(s) having primary interest in the material to insure that such compilation does not require classification.

(f) Additional precautions necessary to limit dissemination—(1) Conferences. Individuals who make arrangements for, or attend, meetings at which classified information is or will be revealed will comply with §§ 805.1 to 805.13 to prevent the unauthorized dissemination of classified information.

(2) Care of documents in use. Classified documents in actual use will be kept under the constant surveillance of the person responsible for them. They will be covered, turned face down, placed in storage, or otherwise protected when visitors are present.

(4) Addressing official mail. If official correspondence contains classified information and is intended for delivery to an individual in another headquarters or office, address it to the commander or head of office, marked for the attention of the individual.

(5) Legal instruments. During wartime, if an individual overseas executes or acknowledges a legal instrument, he must not indicate the place of execution or acknowledgment unless proper authority determines that the information would be of no value to the enemy if it should reach him.

(6) Rescission. Classified documents which have been rescinded or superseded will be protected according to their category until destroyed.

§ 805.6 Removal of classified matter(a) Restriction. No person will remove classified material from the headquarters or unit having custodial responsibility for it without the express permission of the commander or the individual designated in writing to act for him. This restriction applies under all circumstances without exception.

(b) Recording removal. Whenever an individual removes classified material from a headquarters or unit for purposes other than transmission, a record will be made and kept on file.

§ 805.7 Return or transfer of classified matter-(a) General. Neither a military person nor a civilian may retain classified matter for personal or commercial purposes, even though such person may have been solely or partly responsible for production of the material.

(b) Action by individuals. Before an individual retires, separates from the service or civilian employment, changes duty assignment, or reverts to inactive status, he will return to his commander or supervisor (or otherwise properly transfer or account for) all classified documents in his possession.

(c) Action by commanders. As a minimum action, commanders will require each such individual to sign a statement indicating that he has turned over to proper authority all classified matter which he might have had in his possession, and that no classified material is being retained under his custody or control.

§ 805.8 compromise-(a) Reporting. If a person

Loss or other subjection to

knows of the loss, unauthorized disclosure, or other possible subjection to compromise of classified information, he will report it without delay to his immediate superior or commander. [Paragraph (a) amended, 23 F. R. 7219, Sept. 18, 1958]

(b) Use of the terms "compromise" and "subjection to compromise." "Compromise" means to disclose, expose, or divulge classified information, by an act of omission or commission, in any manner that does result in loss by the Government of security protection of the information. "Subjection to compromise" means:

(1) To disclose, divulge or expose classified information, by an act of omission or commission, in any manner contrary to the provisions of §§ 805.1 to 805 13 that could result in loss by the Government of security protection of the information; or

(2) To lose classified material; or to leave it or permit it to be left unguarded or improperly stored, unless the facts developed by inquiry show definitely that compromise could not have resulted or that its possibility is remote.

§ 805.9 Marking classified matter-(a) Documents. Documents containing classified information which are furnished to authorized persons outside of the Executive Branch, will bear in addition to being marked top secret, secret, and confidential the following additional notation:

This material contains information affecting the national defense of the United States within the meaning of the Espionage Laws, Title 18, U. S. C., secs. 793 and 794, the transmission or revelation of which in any manner to an unauthorized person is prohibited by law.

(b) Materiel and other material. When classified items of materiel or other material which do not lend themselves to marking are furnished to such persons. They will be notified in writing of the notation in paragraph (a) of this section.

§ 805.10 Atomic energy restricted data-(a) Markings and notations required—(1) Material containing restricted data. (i) In addition to other required classification markings and notations, all documents or other material containing restricted data and all inner covers in which restricted data is transmitted will be conspicuously marked at least once, with capital letters not less

than one-quarter inch in height, as follows:

RESTRICTED DATA

ATOMIC ENERGY ACT 1954

(ii) When material is extracted from a document, or pages, sections, chapters, or other parts are so separated, each extract or part will be marked as prescribed in subdivision (i) of this subparagraph if it contains restricted data.

(b) 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.

NOTE: Foreign nationals 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).

(2) To other individuals. Except as provided in subparagraph (1) of this paragraph, the disclosure or release of restricted data to any individual may be made only if the individual possesses a current Atomic Energy Commission clearance equivalent to the security classification of the information involved, and the dissemination has been approved according to § 805.11.

NOTE: Atomic Energy Commission "L" and "Q" clearances are equivalent to Department of Defense personnel security clearances for access to Confidential and Secret information respectively; a "Q" clearance with a notation showing specific Atomic Energy Commission authorization for access to Top Secret is the equivalent of a Department of Defense clearance for access to Top Secret.

(3) 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.

[22 F. R. 7219, Sept. 18, 19581

§ 805.11 Disclosure of classified information outside the Department of Defense-(a) Policy (1) 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 designated officials.

(2) Assuring security. Classified information will not be released or disclosed outside the Executive branch of the Government until the recipient assures the Air Force that the information or material will be handled as safely as §§ 805.1 to 805.13 requires.

(3) Proprietary interests. Information will not be released if any commitment made by the Air Force in obtaining it would be violated. Individual or corporate rights in the information, whether patented or not, will be respected. Privately owned information will not be released without the consent of the owner.

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

(c) Committees of the Government(1) Requests for testimony. When a person under the jurisdiction of the Air Force appears before a committee of the Congress or an Executive commission, board, or similar group in either executive or public session, he will not divulge classified information unless he has been authorized by the Secretary of the Air Force to do so. If he is called upon to give testimony which includes classified information that he has not been authorized to disclose, he will respectively inform the group of this fact and offer to obtain the authority.

(2) Protect against compromise. When a person has been authorized by the Secretary of the Air Force to give classified information in his testimony, he will request that the testimony be given in executive session only and not appear in the record of hearings, the Congressional Record, or other document open to public inspection.

(3) Other requests. Except for testimony, requests by congressional committees and Executive commissions, boards, or groups for classified information will be referred to the Secretary of the Air Force or the Chief of Staff, USAF.

(d) General Accounting Office representatives. Normally, General Accounting Office personnel will not require access to classified information during audits, surveys, examinations, and investigations conducted pursuant to statutory authority. However, if the commander concerned determines that such is essential to fulfill statutory requirements of General Accounting Office and that the personnel have been properly cleared, he may grant the access. However, he must not release documents or disclose the following categories and types of information without specific approval of the Secretary of the Air Force or other authority, as designated:

(1) Top secret information and other sensitive areas of classified information such as plans or policies which are the basis for determining requirements concerning the number and disposition of units, armaments of units, numbers of personnel, etc.

(2) Atomic energy restricted data.

(3) Information originated by an agency other than the Air Force or its contractors, unless prior authorization for disclosure has been granted by the agency concerned.

(4) Unclassified and classified reports rendered by The Inspector General, USAF, inspectors general, or their assistants. (This is privileged information. It will not be released or disclosed without the personal approval of the Secretary of the Air Force.)

(5) Unclassified or classified reports of investigation conducted by the Office of Special Investigations (unless the release or disclosure is approved by the Director of Special Investigations, Headquarters USAF).

(e) 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 con

tractor, 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.

(f) To other civilian activities. Generally, all requests for classified information from persons or agencies outside the Department of Defense, and all proposals originating in the Air Force to release classified information to such persons or agencies will be forwarded for necessary action to the Chief of Staff, USAF.

If

(1) Activities involving industrial mobilization. Frequently the Air Force obtains information and records from civilian firms and industries regarding the mobilization of materiel and industrial organizations in case of war. If any civilian activity applies for such information or records, the application will be referred for necessary action to the Under Secretary of the Air Force. any person is served with any process or subpoena, demanding him to produce such records, he will immediately report it to the United States Attorney for the district in which the subpoena is served; at the same time he will report it directly to the Under Secretary of the Air Force. Pending instructions from the Under Secretary of the Air Force, he will not furnish the requested information.

(2) Litigation. Requests or subpoenas for the appearance of witnesses before civil tribunals or for classified information or material to be used in connection with litigation will be processed in accordance with §§ 804.401 to 804.410.

(3) Highly sensitive information. Occasionally agencies or activities outside the Department of Defense may request highly sensitive defense information other than that being made available to them for their use in the usual conduct of Government business. No authority in the Air Force may approve