Force preparedness, stimulate patriotic spirit, aid community relations, and otherwise further public understanding of the Air Force.

(b) In general, the cost of Air Force participation in public events will not be borne by the USAF, except the pay of military personnel and small incidental expenses for activities of a local nature in areas adjacent to a base or other unit. Transportation and operating costs of equipment used, costs of transportation of personnel, housing and standard per diem allowances, and all other costs, when the activity is beyond the post, camp, base or station area, will be borne by the civil organization sponsoring the activity unless an exception is made by the Secretary of Defense.

(c) No provision of §§ 804.101 to 804.107 authorizes the release, compromise, or downgrading of classified equipment or performance data. Upon the occasion of an "Open House", commanders will insure the safeguarding of classified equipment and/or areas containing such equipment.

(d) Participation must not directly or indirectly benefit or appear to benefit any private individual, commercial venture, sect, or political or fraternal group.

(e) From such participation no monetary gain shall accrue to any individual or organization, except that which is to be used in the interest of the general public or a bona fide philanthropy.

(f) Except as otherwise indicated in §§ 804.101 to 804.107, the Secretary of Defense retains the authority to approve:

(1) All public participation in the Washington, D.C., area.

(2) All events of national or international significance.

(3) All events of more than local significance involving two or more of the Services.

(4) Parachute jumps and equipment drops, except as regularly scheduled training programs on Armed Forces installations.

§ 804.103 Use of personnel.

Authority for utilization of personnel is delegated to all major commands and may be further delegated. Air Force personnel may participate in parades, demonstrations, public rallies and exhibitions, and the like:

(a) When such participation is an appropriate part of official occasions attended by senior officers of the government in the performance of official duties.

(b) When these events are sponsored by bona fide veterans' organizations.

(c) In support of fund drives for officially recognized Armed Forces relief agencies or charitable organizations.

(d) In support of athletic contests involving one or more Armed Forces teams. (e) In connection with recruiting activities.

(f) The use of USAF Bands is governed by §§ 808.1 to 808.2 of this subchapter.

§ 804.104 Equipment.

Authority for the presentation of USAF equipment, displays, and exhibits, other than operable aircraft at public occasions, is delegated to major air commands.

(a) In events of local nature, involving community relations, recruiting, and public information, public liability and property damage insurance is not required.

(b) For any other occasion, the sponsor will be required to provide an adequate public liability and property damage insurance applicable to such Air Force equipment as may be on display. § 804.105 Use of aircraft.

Aircraft participation is considered to be the inflight demonstration or static display of one or more aircraft in connection with a public event. Insofar as practicable, flying time devoted to aerial demonstrations will be utilized for flying proficiency or training purposes. Types of participation and their requirements are defined as follows:

(a) Class I (flyover). Aircraft depart a USAF installation and return without landing at the site of the event.

(1) Approving authority for Class I participation on Armed Forces Day, Memorial Day, Independence Day, and Veterans Day only is delegated to major commanders and may be further delegated, if desired.

(2) Requirements: No aerobatics or competitive speed runs will be flown. No public liability and property damage insurance is required. Sponsor is not required to defray fuel or per diem expenses.

(3) Authorized occasions for this class are:

(i) Civic sponsored local celebrations of national holidays, specifically Armed Forces Day, Memorial Day, Independence Day, and Veterans Day.

(ii) Memorial services for deceased nationally recognized military or government figures.

(iii) Celebrations or receptions of prominent representatives of foreign governments.

(iv) National conventions of bona fide veterans' organizations.

(v) Occasions which are primarily designed to encourage the advancement of aviation and are of more than local interest and importance.

Air

(b) Class II (major air show). craft depart home bases as necessary to arrive before the event, participate as practicable, refuel as necessary, and are based at other than home station for duration of the event.

(1) Approving authority is retained by the Department of Defense. The civilian requestor for such participation may be advised to direct his request to the Department of Defense, Office of Public Information and Special Activities.

(2) Requirements: Transportation and operating costs of equipment used, costs of transportation of personnel, housing, and standard per diem allowances, and all other costs will be borne by the sponsor of the occasion unless an exception is made by the Secretary of Defense.

(3) Authorized occasions for this class are those which are primarily designed to encourage or promote the advancement of aviation and are of national or international significance.

(c) Class III (open house). Aircraft are demonstrated as practicable for public audiences on a government-owned or leased installation. Demonstration consists of aircraft under the command and jurisdiction of the headquarters approving the open house. (The phrase "government-owned or leased installations" is considered to include Air Force units operating from a municipal or county airport.)

(1) Approving authority is delegated to major commands and may be further delegated if desired.

(2) Requirements: Open house may be utilized at the discretion of approv

ing authority to the best interests of the USAF.

(3) Authorized or suitable occasions are those that the approving authority determines to be in the interest of the Air Force.

(4) Headquarters USAF will monitor open house activities only on occasions of national or international significance.

(d) Class IV (minor show). Aircraft depart home station, arrive at destination before the event, remain on static display, and depart after the event to return to home station.

(1) Approving authority is delegated to major commands for participation on Armed Forces Day, Memorial Day, Independence Day, and Veterans Day only.

(2) Requirements: Sponsor must defray the expenses of suitable hotel accommodations, meals, and transportation of all personnel involved. Sponsor must provide public liability and property damage insurance as prescribed in § 804.106, to safeguard the U. S. Government from any claims arising as a result of the participation.

(3) Suitable occasions for Class IV participation are those primarily designed to encourage or promote the advancement of aviation, such as airport dedications, or to support recruiting or major programs of other Federal agencies, including civic sponsored local celebrations of Armed Forces Day, Memorial Day, Independence Day, and Veterans Day.

§ 804.106 Specifications for insurance.

(a) Participation not requiring insurance. (1) Demonstration flights conducted at installations owned or leased by the United States Government.

(2) Flight of aircraft to and from place of exhibition.

(3) Class I demonstrations (flyover). (4) Class III demonstrations (open house).

(b) Participation requiring insurance. (1) Class II (major shows).

(2) Class IV (minor shows).

(c) Kind of insurance required—(1) Type. A public liability insurance policy and, when circumstances require, property damage insurance will be considered adequate coverage.

(2) Amount. Public liability insurance to the extent of $50,000/$500,000 for personal injury or death, $250,000 for

property damage is considered adequate coverage for normal participation. Where grandstands or other mass gathering places are to be utilized for spectators at an air show, the amounts should be increased to $100,000/$2,500,000 for personal injury or death. Should any air show be performed near an area of exceptionally high real estate values, property damage insurance should be increased proportionately.

(d) Extent of coverage. The insurance policy must state clearly the intent to cover accidents caused by or resulting from the maintenance, use, or operation of aircraft or equipment material, owned by the United States Government and officers or employees of the United States Government acting within the scope of their employment. The policy should name the United States Government as co-insured with the sponsor and contain essentially the same elements as the following indorsement:

SAMPLE INDORSEMENT

(1) The coverage provided by this policy shall extend to any loss from liability imposed by law for any and all bodily injuries (or death resulting therefrom, including loss of services) to persons, or damage to, or destruction of property of every description (including loss of use thereof) caused by, arising out of, or resulting from the participation, operation, use, maintenance, or presence in or at the of

any aircraft, equipment, or materiel of any description owned by the United States Government, or caused by, arising out of, or resulting from any action or nonaction of the United States Government, its officers and employees acting within the scope of their office or employment.

(2) The coverage provided by this policy shall extend continuously from the first moment of arrival of the first aircraft, or piece of equipment or materiel of any description owned by the United States Government, at any place or places reasonably or necessarily incident to participation in

until the last moment of departure from said place or places of the last of said aircraft, equipment or materiel, and shall extend continuously during the presence at said place or places of the United States Government, its officers or employees, acting within the scope of their employment.

(3) The coverage provided by this policy shall not extend to any liability for loss on account of bodily injury (or death therefrom, including loss of services) of any officer or employee of the United States Government acting within the scope of his office or employment or to any liability for loss on account of any damage to or destruction of any aircraft, equipment, or materiel of any

description owned by the United States Government.

(4) It is understood and agreed that the immunity to suit the United States Government, its officers or employees acting within the scope of their office or employment, shall not constitute a bar to recovery nor be pleaded as such in defense of any suit against the United States Government, its officers, or employees, or by the underwriters when defending such suits in their behalf.

The insur

(e) Submission of policy. ance policy must be submitted through channels to Headquarters USAF, Attention, SAFOI, at least 35 days prior to date of the event.

§ 804.107 Exceptions.

In unusual circumstances exceptions to the rules in §§ 804.101 to 804.107 may be made by Headquarters USAF. Requests for such exceptions will be submitted through channels to the Director of Information Services, Office of the Secretary of the Air Force, Washington 25, D.C.

COMMERCIAL LIFE INSURANCE
SOLICITATION

SOURCE: 804.201 to 804.205 appear at 18 F. R. 5539, Sept. 16, 1953. § 804.201

Purpose.

Sections 804.201 to 804.205 establish a uniform Air Force policy in connection with solicitation of Air Force personnel on Air Force installations by representatives of commercial life insurance companies. A report of action taken in banning agents from bases and of complaints called to the attention of the commander regarding fraudulent or unethical practices on the part of insurance representatives in which military personnel are involved or have been involved is established. The provisions of §§ 804.201 to 804.205 are applicable to all Air Force activities in the continental United States, its territories, possessions, and bases overseas.

§ 804.202 Policy.

The control of the activities of dealers, tradesmen, or their agents is the responsibility of the installation commander. Life insurance solicitation may be permitted at the discretion of the installation commander, under such regulations as he shall prescribe. If such solicitation is permitted, the commander's personal and active supervision is mandatory. Minimal supervisory regulations controlling solicitation by commercial

life insurance agents will include the following:

(a) Commanders of Air Force installations over which exclusive jurisdiction has been ceded to the United States will permit solicitation of commercial life insurance on their installations when both the company and its agents are licensed in any State or the District of Columbia. In implementation of this provision, commanders in their discretion may require insurance companies not authorized to do business within the State to furnish such information concerning licensing as is filed in the State where domiciled.

(b) Where the State has retained exIclusive or concurrent jurisdiction over the installation, the company and the agents must qualify under the laws of that State prior to soliciting business on the installation.

(c) In those instances where exclusive or concurrent jurisdiction has been retained by the State for only a part of the installation, the agent and the company must be licensed within the State to solicit in that area. On the remaining portion of the installation the provisions of paragraph (a) of this section will be applicable.

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

(e) There will be no solicitation of personnel being processed at ports of embarkation, except by written appointment.

(f) There will be no mass solicitation at formations or captive audiences.

(g) Solicitation will not be permitted which interferes with military duty.

(h) Remuneration or gifts of any nature will not be offered to, or accepted by, military or civilian personnel employed by the Air Force to facilitate transactions.

(i) The recommendation of any commercial reporting or publishing agency's publication will not be utilized as the sole basis for determining whether a company or its agents will be permitted to solicit business on any Air Force installation.

(j) Commanders of installations outside the continental United States will, prior to granting permission for the solicitation of insurance on the installation, utilize the criteria set forth in this part as a guide in determining the authority and qualifications of such com

panies and agents in accordance with appropriate treaties or agreements and any applicable laws of the jurisdiction wherein an installation may be located. § 804.203 Definition.

For the purpose of §§ 804.201 to 804.205, the term concurrent jurisdiction refers to those cases wherein the State, territory, possession, or foreign State in which the installation is located possesses at least the minimal jurisdiction to control the business of life insurance within the installation. It is not necessary to include within the terms of §§ 804.201 to 804.205 that the State and the Federal Government of the United States necessarily exercise jurisdiction over the conduct of the business of insurance to the same degree. The words concurrent jurisdiction, as used in §§ 804.201 to 804.205, are to denote a concurrency of jurisdiction over subject matter. They are not to be confused with concurrency of jurisdiction in a geographical sense, which would exist if all jurisdiction over part of an installation were ceded to the Federal Government and partial jurisdiction over another part of the installation was reserved to itself by the State. The jurisdiction which a State possesses over a particular installation depends upon the method by which the property was acquired and the terms of the granting or ceding statute enacted by the State legislature. It must be determined individually for each installation or, where various parts of the installation were acquired through separate transactions, for each portion of an installation.

§ 804.204 Regulating procedures.

(a) Commanders will regulate solicitation within their commands to avoid discriminatory practices. No commercial life insurance organization, association, company, groups, or other such entity or agent, or special company plan of insurance, will, in any way, be sponsored by any member of the Air Force, nor will any consideration be afforded or granted to any one company or agent over another. The only life insurance considered non-commercial by the Department of the Air Force is that made available to military personnel as a result of Federal Legislation and underwritten by the United States Government.

(b) All allotment authorizations (DD Form 234 "Allotment Authorization to

Start or Stop Allotments") for commercial life insurance will be completed prior to signature and processed in accordance with current regulations.

(1) In all instances where commercial life insurance premiums are to be paid by allotment (DD Form 234), the personal affairs officer or his representative will discuss the transaction with the service member to ascertain that:

(i) The policy is of a suitable type. (ii) The premium rate is consistent with the financial status of the individual concerned.

(iii) Military personnel are aware of such provisions as war clause, aviation and geographic restrictions, and/or other undesirable clauses which are contained in or attached to policies being contracted.

(iv) The service member is aware of the insurance coverage afforded by the government life insurance program and that the Air Force does not indorse or sponsor any commercial life insurance policy.

(c) The official use of DD Forms 234 bearing an unauthorized overprint is prohibited. Air Force personnel or finance officers will not certify such forms.

(d) Commercial life insurance agents will not be utilized for insurance lectures.

(e) Installation commanders will require all companies authorized to offer life insurance to military personnel on their reservations to submit a notarized letter signed by the President or VicePresident of the company concerned. The letter must list all policies together with their form numbers and contain a statement that only the policies listed are to be offered on such military installations. Further, the letter must affirm that those policies listed comply with the following minimum requirements prescribed for insurance companies and their agents soliciting military personnel on all military installations:

(1) Commanders will require that life insurance policies offered to military personnel on installations have reserves at least equal to those produced by the Commissioners Reserve Valuation Method as defined in the Standard Valuation Law when calculated according to the Commissioners 1941 Standard Ordinary Mortality Table with interest at a rate not in excess of 32 percent per

annum. Such policies must provide cash and nonforfeiture values at least equal to the minimum values determined by the Standard Association of Insurance Commissioners at its December 1942 meeting and must comply with the interpretations of the "working committee on Standard Nonforfeiture and Valuation Laws to Life Insurance Committee, National Association of Insurance Commissioners", commonly known as the Hooker Committee.

(2) The existence of exclusion of restrictive clauses or provisions of the following will be plainly indicated on the face of the policy: War Clauses; Geographic Limitations; Aviation Exclusion Provisions. This may be accomplished by the means of a rubber stamp.

(3) All companies selling participating policies must clearly indicate on all literature referring to dividends that the dividends are estimates and not guaranteed.

(4) Life insurance agents will furnish the applicant and the unit commander information regarding the policy applied for, indicating:

(i) Name and address of company.
(ii) Name and address of agent.
(iii) Name of the insured.

(iv) Type of policy.

(v) Amount of life insurance.
(vi) Premium.

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

(viii) List of all exclusion provisions which might be incorporated in the policy such as War Clauses, Aviation Exclusion Provisions, Geographical Limitations, and so forth.

(f) Upon application for permission to solicit commercial life insurance on an Air Force installation, an agent will be required to furnish the installation commander a notarized letter, signed by an authorized official of the company indicating that the agent is licensed to solicit for that company and that the company assumes full responsibility for the actions of the agent.

§ 804.205 Violation of regulations.

Any agent may be barred by a commander for violation of regulations. When such action is taken, commanders