furnishing of military honors with the nearest capable Air Force installation manned by active duty personnel. Commanders at all echelons will place sufficient emphasis on this program to insure that honors are properly rendered in every instance when they are desired by the next of kin of the deceased or someone acting on behalf of the next of kin. (b) Veterans' and patriotic organizations should be encouraged to furnish honors for veteran personnel. If the deceased was a member of other than the Air Force or Air Corps, an effort may be made to refer the request to a nearby activity of the service concerned. However, if honors for a deceased veteran cannot be obtained from a veterans' organization, or if there is no nearby activity to furnish honors for a member of another service, or if the next of kin specifically desires honors from an Air Force activity, Air Force commanders will furnish such honors within their capabilities.

couraged by the Air Force. In the furtherance of this policy, the conduct of such personal business on-base is permitted where feasible, and during established interviewing hours, and in those facilities supplied for such purpose. Onbase solicitation is conditioned, however, upon the clear understanding that such solicitation in no way constitutes Air Force indorsement of the insurance company or the policies it offers for sale. The solicitation and sale of insurance on Air Force installations is a privilege as distinguished from a right, and is the ultimate responsibility of the installation commander to assure that this privilege is not abused.

§ 805.3 Licensing requirements.

Solicitation on-base by any agent or representative of any company is not authorized unless both the company and its agents are licensed in the State (as used in this part, includes the United States, its Territories, and the Commonwealth of Puerto Rico) in which the installation is located.

EXCEPTION: The requirements of this section are waived for life insurance purchased before entry into service, or as additional coverage in a company which is receiving an allotment from the allotter. Additionally, those purely nonprofit beneficial associations whose insurance is sold primarily to military members and who employ no agents are excepted from this section. Examples are the Air Force Association and the Armed Forces Relief and Benefit Association. The Assistant Secretary of Defense (Manpower) determines whether any particular association is exempt from this section. Hq USAF (USAF Military Personnel Center (AFPMPPD), Randolph AFB, Tex., 78148), should be queried directly on questions regarding the status of a company, with a copy of such inquiries furnished to the appropriate major air command.

(c) Plainly indicate any extra premium charge imposed by reason of military service or military occupational specialty.

(d) Not provide for a variation in the amount of death benefit or premium depending upon the length of time the policy has been in force unless any such variations are clearly described therein. § 805.5 Solicitation restrictions.

Solicitation of any commodity on military installations must be supervised and controlled. Accordingly, the following prohibitions apply where appropriate:

(a) There will be no solicitation of recruits or trainees.

(b) There will be no solicitation of "mass" or "captive" audiences.

(c) Practices involving rebates for elimination of competition are expressly forbidden.

(d) Military personnel on active duty will not represent insurance companies in any capacity, officially or unofficially, with or without compensation, on a military installation. Additionally, military personnel on active duty are prohibited from personal life insurance solicitation and sale to military personnel junior in rank or grade at any time, on or off duty, in or out of uniform, or on or off a military installation.

(e) The use of official identification cards will not be used to gain entrance to a military installation to solicit the sale of life insurance.

(1) Installation commanders assure that solicitation is conducted on an individual basis, preferably by appointment, in specific locations, and at hours designated by the installation commander. In this regard, it is not Air Force policy to furnish office space to commercial life insurance companies or agents except as provided in this part. § 805.6 Solicitation of life insurance on Continental United States installations.

(a) Accreditation requirements for life insurance companies. Before a company may be accredited to solicit on a military installation, a letter of application must be submitted to the commanding officer (with the understanding that a knowing and willful false statement is punishable by fine or imprisonment (18 U.S.C. 1001)) and signed by its president or vice president. Such applications must contain at least:

(1) The State or States in which the

company is qualified and licensed to sell insurance. (See § 805.3.)

(2) A list of all policies, together with their form numbers, to be offered for sale on the installation.

(3) Assurance that only the policies listed are to be offered for sale on the installation, and that such policies meet the requirements listed in § 805.4.

(4) The name and complete address and telephone number of each agent who will solicit on the installation, if approval is granted; the State or States in which that agent is licensed; the dates of licensing; and the expiration dates of the licenses.

(5) A statement of agreement to report all future accessions and separations of agents employed for solicitation on the installation.

(6) A statement that the company agrees to assume full responsibility for the acts of its agent or agents with respect to the solicitation and sale of life insurance to military personnel.

(b) Requirements for life insurance agents. Before being permitted to solicit, a life insurance agent is required to examine a copy of the applicable insurance regulations, and to indicate in writing that he understands them and that any violation of the regulations may result in the withdrawal of the privilege of solicitation for himself and the company he represents (see attachment 1, AFR 211-16, for a suggested format). For each proposed sale to enlisted personnel in the grades of E-1, E-2, and E-3, the agent must provide the applicant and the installation commander, in writing:

(1) Name and address of the company. (2) Name and address of the agent. (3) Type of policy (straight life, endowment, term, other).

(4) Amount of life insurance.
(5) Premium.

(6) Full name of person(s) to be insured.

(7) Death benefit, guaranteed cash value, extended insurance, pure endowment (if any) at the end of the first to the fifth years inclusive, and the tenth, fifteenth, and twentieth years.

(8) A statement that the policy contains no restrictions by reason of military service or military occupational specialty of the insured unless such restrictions are clearly indicated on the face of the policy (§ 805.4(b)).

(9) A clear statement that dividends

are not guaranteed if the presentation refers to dividends.

§ 805.7

Requirements for insurers and agents soliciting on AF installations in foreign areas.

(a) Accreditation responsibility. The responsibility for accrediting life insurance agents authorized on-base solicitation privileges in overseas areas has been delegated to selected joint and unified command commanders. They are:

(1) For the Far East. Commanderin-Chief, Pacific, c/o Fleet Post Office, San Francisco, Calif.

(2) For Europe, Middle East, and North Africa. Commander-in-Chief, U.S. Army, Europe, Attn: AEAAG-AP, APO 403, New York, N.Y.

Commander,

(3) For the Caribbean. Antilles Defense Command, Fort Brooke, P.R.

(i) The Assistant Secretary of Defense (Manpower) accredits life insurance companies, and only such Department of Defense accredited companies are cleared.

(b) Agents' responsibilities in foreign areas. Life insurance agents may solicit business on Air Force installations in foreign areas if:

(1) The company he represents has been accredited by the Department of Defense.

(2) The company he represents has obtained clearance for him from the appropriate joint or unified command commander.

(3) His name appears on the official list of accredited agents maintained by the appropriate joint or unified command commander.

(4) He has been granted permission by the installation commander to solicit. (5) He does not solicit for more than one insurance company.

(6) He meets the requirements for life insurance agents contained in § 805.6(b). § 805.8 Suspension or withdrawal of the solicitation and accreditation privilege.

(a) While the privilege of soliciting on Air Force bases is a revocable one, such revocation should only be made for good and sufficient reasons, such as, but not limited to:

(1) Violation of Air Force regulations. (2) Substantiated adverse reports from State insurance commissioners, other authorities, State or federal, or

recognized financial, insurance, or advisory services.

(3) The use of any manipulative, deceptive, or fraudulent device, scheme, or artifice, including misleading advertising, or other misleading literature.

(4) A solicitation (by mail or otherwise) urging the purchase of insurance when such communications or presentations are composed or delivered in any manner which gives rise to any appearance that the offer is sponsored or has the indorsement of the Department of Defense or any element thereof.

(5) The offering for sale of any insurance policy or rider which fails to meet the requirements of this part.

(b) Action by installation commander: Installation commanders may suspend indefinitely the privilege of onbase solicitation or accreditation granted to companies or agents for cause, or withhold the privilege of solicitation when classified operations are in progress or when such action is determined to be in the best interest of national security or in conflict with the military mission of the installation. When suspension occurs for the reasons enumerated in paragraph (a) of this section, such reasons will be included in prompt notification to the insurance company; agent; insurance commissioners of the States in which the company is domiciled and the agent is licensed; insurance commissioner of the State in which the installation is located; the headquarters of the major air command to which the installation is organizationally assigned; and Hq USAF (USAF Military Personnel Center (AFPMPPD), Randolph AFB, Tex., 78148). Such notifications include a recommendation as to whether the suspension should be extended throughout the command or throughout the Air Force.

The possession of allotment forms by agents is cause for the immediate withdrawal of solicitation privileges.

(c) Allotment restrictions. Allotments are not authorized for payment of premiums for life insurance unless:

(1) When insurance is solicited by personal contact, the life insurance company and its agents who sell the policies to the allotter are:

(i) Licensed as prescribed in § 805.3 in the State in which the installation is located and to which the allotter is assigned. (Exceptions in § 805.3 also apply.)

(ii) Accredited for on-base solicitation in foreign areas as prescribed in § 805.7 (b).

(2) When life insurance is solicited by mail, the insurer is licensed in the State in which the allotter is stationed. (Exceptions in § 805.3 also apply.)

This part states basic policies and instructions governing the disclosure of unclassified records and tells members of the public what they must do to inspect or obtain copies of records. It applies Air Force wide. In case of a conflict, this part takes precedence over any existing directive dealing in whole or in part with the disclosure of unclassified records.

[34 F.R. 14209, Sept. 10, 1969]

§ 806.2 Types of requests covered by this part.

This part governs the disclosure or denial of documentary material to the general public. Requests by members of Congress or congressional staffs for information and documentary material are processed under AFR 11-7 (Air Force Relations with Congress). Requests from the General Accounting Office are processed under AFR 11-8 (Air Force Relations with General Accounting OfficeGAO). Requests for documentary material for use in litigation are processed under Part 840, Subchapter D of this chapter and this part. Requests for unclassified records of trial after courtsmartial are processed under Subpart F of this part. Requests by news media or their representatives require compliance with AFR 190-12 (Release of Information to the Public) and this part. Guidance on disclosure of information from military personnel records is contained in Part 806a, Subchapter A of this chapter. More detailed instructions for handling requests for specialized types of records or other documentary material are contained in other directives, such as the Armed Services Procurement Regulation and AFR 120-3 (Inspector General Reports).

[34 F.R. 14209, Sept. 10, 1969]

Subpart B-Policies Governing
Disclosure of Records

§ 806.3 Basic policies on disclosure.

(a) It is the fundamental policy of the Departments of Defense and the Air Force to make available to the public the maximum amount of information and

records concerning their operations and activities.

(b) This basic policy is subject to the necessary exception, recognized in 5 U.S.C. 552(b) and discussed in § 806.5, that in certain cases records and other documentary material need not be made public. However, even where nondisclosure is authorized by 5 U.S.C. 552(b) and § 806.5 requested records and other documentary material should be disclosed if no significant purpose would be served by withholding them. The determination of whether a significant purpose is served by withholding information under the provisions of § 806.5 is within the sole discretion of the Air Force.

(c) In no event will a determination that a record should be withheld be influenced by the possibility that its release might suggest administrative error or inefficiency or might embarrass the Air Force or an official of the Air Force. § 806.4

Specific policies on disclosure.

(a) Any identifiable documentary material in the possession of the Air Force which qualifies as a "record" as discussed in paragraph (b) of this section and which is not exempted under § 806.5 should be made available on the request of any person.

(b) In determining whether documentary material qualifies as a "record", 44 U.S.C. 3301, quoted below, should be used as a guide.

As used in this chapter, "records" include all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the U.S. Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.

(1) The term "records" does not include objects or articles such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, etc., whatever their historical value as "evidence."

(2) Records are not limited to permanent or historical documents; they include contemporaneous ones as well. (c) For a record to be considered "identifiable" it must exist at the time of the request. There is no obligation to create a record to satisfy a request for information. When the information re

quested exists in the form of several records at several locations, the requester should be referred to those sources if gathering the information would be burdensome.

(d) A requester must be reasonably specific in identifying each record he would like made available. The Air Force is not required to permit a requester to browse through entire files or large series of records to find a record he may then "identify." However, the Air Force will make a reasonable effort to locate any records that are requested. More than one record may be requested, but each must be reasonably well identified.

(e) Requests for identifiable records may be denied only when an official designated in § 806.6 (b) determines that such denial is authorized by this part.

(f) Pursuant to 5 U.S.C. 552(a) (3), requesters will be charged the reasonable costs to the Air Force of searching, copying, or certifying records. Charges will be determined according to Part 813, subchapter B of this chapter. Except for any copies that may be provided, no charge will be made to the public for the use of established reading rooms or reference libraries.

(g) Official requests for records or other documentary material received from foreign governments, their representatives or international commands, will be sent to Hq USAF (AFCVFB), Washington, D.C. 20330 for approval or denial.

(h) Individual requests received from foreign nationals not officially representing their government will be processed as any other request in accordance with paragraph (d) of this section. Charges may be waived in accordance with Part 813, Subchapter B of this chapter.

[32 F.R. 9674, July 4, 1967, as amended at 34 F.R. 14209, Sept. 10, 1969; 34 F.R. 17062, Oct. 21, 1969]