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will cooperate with appropriate state officials and bring the facts of the violation to their attention. A complete and impartial investigation will be made. When possible, the agent concerned will be afforded an opportunity to be heard. The results of the investigation will be forwarded to the Director of Military Personnel, Headquarters USAF, through appropriate command channels. ADMISSION OF LABOR UNION REPRESENT


SOURCE: $$ 804.301 to 804.304 appear at 20 F. R. 4186, June 16, 1955. $ 804.301 Purpose.

Sections 804.301 to 804.304 announce the Air Force policy governing admission of labor union representatives to Air Force installations. 8 804.302 Policy.

(a) Air Force policy is to cooperate with authorized labor union representatives by granting them admission to Air Force installations when they are engaged in legitimate union business.

(b) The admission of labor union representatives to Air Force installations will be governed by the following:

(1) Where union agents desire to enter an installation to conduct union business during working hours, the base commander may authorize such visits: Provided, That the entry of the agents does not violate applicable safety and security regulations and, that their entry, presence, or activities will not interfere with base operations or the progress of work.

(2) Where construction on Air Force installations is administered by a construction agent of the Air Force, such as the Corps of Engineers, United States Army, commanders should notify the construction agent of the proposed visit and the purpose thereof. They should also determine whether the proposed visit will interfere with the work progress. 8 804.303 Procedures on admission to

unclassified areas. Permission to enter an Air Force installation may be granted by the commander to labor union representatives to:

(a) Discuss with the commander those policy matters which relate to employees who are engaged in work on the installation and who are members of the union represented by the visitor.

(b) Visit contractors, contractor representatives, or union stewards to discuss and review conditions of employment, grievances, and related matters within the terms of the collective bargaining agreements involving employees.

(c) Visit individual employees of contractors, provided that discussion and review of matters within the collective bargaining process cannot otherwise be accomplished. $ 804.304 Limitations.

(a) Approval of visits to labor representatives should include the limitations and restrictions applicable to visitors. In addition, notification should specify that permission to visit an Air Force activity does not include the right to hold meetings, collect dues, make speeches, or distribute inciting or provocative material.

(b) Organizing activities carried on during work hours are considered to be disruptive; therefore, visits will not be authorized for this purpose.

(c) Nothing contained in these sections should be interpreted as requiring that permanent passes be issued to labor representatives to conduct union business.

(d) The provisions of Part 805 of this chapter govern admission to classified



SOURCE: $$ 804.401 to 804.410 appear at 21 F. R. 4289, June 19, 1956. § 804.401 Purpose.

Sections 804.401 to 804.410 set forth Department of the Air Force policy concerning what types of official information may be released from Air Force files for use in prospective or pending lawsuits, controversies, hearings, investigations or other civil administrative proceedings in civilian courts, commissions, boards, or other tribunals, hereinafter referred to as "litigation." Sections 804.401 to 804. 410 also establish policies and procedures for guidance of military personnel and civilian employees of the Air Force who are requested to appear as witnesses and testify in such matters. The term "official information" includes all documents, files, records or papers within the possession of the Department of the Air Force, its officers, agents or employees, and all matters within the knowledge of such officers, agents or employees ob

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tained by them as a result of or in connection with the performance of their official duties. § 804.402 Policy.

It is the policy of the Department of the Air Force to make official information available for use in litigation and to permit military and civilian personnel to testify concerning such information in its files if material and relevant to the litigation, unless the information is classified defense information, is privileged by law or regulation, or other valid reason for its non-release, exists. S 804.403 Responsibility.

(a) The Judge Advocate General, USAF, is responsible for authorizing the release of Air Force information for use in prospective or pending litigation; he is responsible for prescribing the type of information which is releasable, and the circumstances under which it may be released by custodians of the information or hy persons appearing as witnesses before civilian courts or tribunals.

(b) Each person in the Air Force who has custody of written information desired for use in litigation, or who is requested to appear as a witness and testify, is primarily responsible for compliance with 88 804.401 to 804.410.

(c) The provisions of $8 804.401 to 804.410 are not applicable where no Air Force documents or records are involved, and/or the desired testimony of the Air Force witness has no connection with his Air Force duties and the subject matter does not concern Air Force matters. In those cases the witness is goyerned by the usual rules of law applicable to witnesses in the jurisdiction concerned. Section 804.409 sets forth the circumstances under which these persons can testify. § 804.404 Limitations.

(a) Where the United States is a party to the litigation in question, no information will be released without the concurrence of The Judge Advocate General, USAF, the Attorney General of the United States, or one of their representatives, i.e., a staff judge advocate or a United States attorney.

(b) Where disclosure of the requested information would aid in the prosecution of a claim against the United States, custodians of records and prospective witnesses are encouraged to seek advice

from their staff judge advocate to obviate any question that the release of the requested information is made "in the proper discharge of his official duties," and, therefore, not in violation of the Federal criminal statute (18 U. S. C. 283).

(c) Where litigation is not pending, custodians of Air Force records should satisfy themselves that the request for information is not frivolous or unreasonable, that litigation is actually contemplated, and that the person requesting the information has a need and the right to know it. If these three tests are not met the custodian should decline to divulge the information, pending institution of the litigation.

(d) Information of a personal nature in Air Force files is treated "confidentially" and will not be released unless a subpoena duces tecum is issued by a court or other body having such powers in whose jurisdiction the custodian is located and the subpoena is properly served on the custodian, or the release of the information is authorized by the staff judge advocate of the command exercising general court-martial jurisdiction or The Judge Advocate General, USAF.

(e) Release of medical information from Air Force files is governed by current pertinent regulations, and will not otherwise be released unless a subpoena duces tecum is issued by a court or other body in whose jurisdiction the custodian is located and the subpoena is properly served on the custodian, or the release of the information is authorized by the staff judge advocate of the command exercising general court-martial jurisdiction, or The Judge Advocate General, USAF.

(f) Classified defense information cannot be released to unauthorized persons or courts under any circumstances, unless the classification is removed. If classified information is properly subpoenaed and it cannot be declassified, the documents, records or files in question will be forwarded to The Judge Advocate General, USAF, for review of the decision as to its declassification and releasability by Headquarters USAF. Pending this decision, the custodian on whom the subpoena duces tecum has been served will answer the subpoena, tell the court what action he has taken, and inform the court of the contents of 88 804.401 to 804.410.

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§ 804.405 Requests for interviews or

statements. Requests by parties to private controversies, preliminary to actual litigation, for permission to interview or to obtain statements from Air Force personnel concerning matters related to their official duties or concerning information obtained in their official capacity, may be granted by commanders at appropriate times and places, and under such circumstances as will insure that the provisions of $ $ 804.401 to 804.410 are not violated. Identical rules are applicable for the taking of depositions of Air Force personnel. 8 804.406 Authentication of documents.

Most State courts and other tribunals will admit into evidence properly authenticated copies of Air Force records, papers, or documents without further identification by the custodian or other witness. In appropriate cases, custodians of records, files or documents are encouraged to release the requested information with a proper certificate; in many instances, this will be satisfactory to the person requesting the information and avoid the necessary court appearance by the custodian. The law provides that in Federal courts copies of Government records, papers or documents are admissible in evidence, if properly authenticated. See 28 U. S. C. 1733. The method of authentication is set out in Rule 44 of the Federal Rules of Civil Procedure (28 U. S. C. 2072). § 804.407 Release to Government con

tractors. Contracting officers receiving requests for information from Government contractors for use in contractor litigation should comply with those requests, provided that the provisions of $$ 804.401 to 804.410 are not violated. 8 804.408 Compliance with subpoena.

(a) Any person who receives a subpoena requiring him to appear and testify concerning information obtained by him as a result of or in connection with official activities as a member or civilian employee of the Air Force, or produce any Air Force record, file, or documents, will report to his staff judge advocate for advice and instructions. Subpoenas properly served on the prospective witness by a representative of the court or tribunal which has jurisdiction

over the witness and the requested record, file, or document, will be complied with, if not otherwise prohibited by $$ 804.401 to 804.410. If $$ 804.401 to 804.410 prevent the witness from testifying or producing the subpoenaed documents, the witness will appear at the time and place stated in the subpoena, and respectfully advise the court or tribunal that Air Force regulations prevent him from testifying on the subject matter in question and/or producing the documents in question; if this does not satisfy the court or tribunal, the witness will furnish them a copy of $$ 804.401 to 804.410 and respectfully request leave of the court for time to submit the problem to The Judge Advocate General, USAF, for decision.

(b) If a subpoena has not been properly issued and served by a court or tribunal having the requisite jurisdiction over the prospective witness, it will be treated as a request for release of information and processed under the provisions of $ $ 804.401 to 804.410.

(c) Where $$ 804.401 to 804.410 prohibit release of documents or other information properly subpoenaed, the appropriate custodian or staff judge advocate should consider the appropriateness of informally contacting legal counsel who caused the subpoena to issue. All aspects of the matter should be fully explained to him and releasable information offered to him, in authenticated form if appropriate. & 804.409 Witnesses in private litiga

tion. Air Force personnel who are requested to appear and testify in any litigation in which the Federal Government has no interest may be authorized to do so: Provided, That $8 804.401 to 804.410 do not prohibit the release of the information desired and no expense to the Government is involved. If there is any travel, subsistence or other expense involved, it should be paid and arranged for in advance between the prospective witness and the person requesting him to testify. $ 804.410 Depositions.

All provisions of $$ 804.401 to 804.410 also apply to testimony given by military and civilian personnel in deposition form.


Page 17


MILITARY INFORMATION Sec. 805.1 Purpose. 805.2 Definitions. 805.3 Responsibility of individuals. 805.4 Preparation, reproduction, and

photographing. 805.5 Dissemination-general provisions. 805.6 Identification and personnel security

clearance. 805.7 Advising of need for protection. 805.8 Telephone conversations. 805.9 Commercial and service publica

tions. 805.10 Additional precautions necessary to

limit dissemination. 805.11 Return or transfer of classified

matter. 805.12 Top secret, secret, and confidential

matter. 805.13 Atomic energy restricted data. 805.14 Disclosure of classified information. 805.15 Visitors. 805.16 Restricted areas. 805.17 Air space reservations.

AUTHORITY: $ $ 805.1 to 805.17 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012.

SOURCE: $$ 805.1 to 805.17 appear at 24 F.R. 5879, July 23, 1959. § 805.1 Purpose.

This part establishes policies for safeguarding classified information and explains how to identify, classify, and protect such official material. $ 805.2 Definitions.

(a) Atomic energy restricted data. As defined by Public Law 703, 83d Congress, Atomic Energy Act of 1954, Act of August 30, 1954 (68 Stat 924), Restricted Data means all data concerning (1) the design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the category of Restricted Data which the Atomic Energy Commission from time to time determines may be published without undue risk to the common defense and security.

(b) Classified defense information. Official information, the safeguarding of which is necessary in the interests of national defense, and which is classified for such purpose by appropriate classifying authority.

(c) Document. Any recorded information regardless of its physical form or characteristics. Includes, but is not limited to, the following: all written

material, whether handwritten, printed, or typed; all painted, drawn, or engraved material; all sound or voice recordings; all printed photographs and exposed or printed film, still, or motion picture; and all reproductions of the foregoing, by whatever process reproduced.

(d) Foreign nationals. All persons not citizens of or immigrant aliens to, the United States. All citizens of the United States and immigrant aliens when acting as representatives, officials, or employees of a foreign government, firm, corporation, or individual shall be considered as foreign nationals. (Immigrant aliens are persons in the United States for permanent residence under immigration visas.)

(e) Material. Any document, product, or substance on or in which information may be recorded or embodied.

(f) Materiel. Any article, product, substance, or apparatus from which information may be obtained. It comprises military arms, armament, and equipment, both complete and in process of research, development, experimentation, and construction, and includes elements, components, accessories, models, fixtures, mockups, jigs, and dies associated therewith.

(g) Security. The protected conditions of classified matter which prevents unauthorized persons from obtaining information of direct or indirect military value. It is a condition resulting from the establishment and maintenance of protective measures which insure a state of inviolability from hostile acts or influences. 8 805.3 Responsibility of individuals.

Each individual is responsible for protecting and accounting for any classified information which he possesses or knows, no matter how that information was obtained. § 805.4 Preparation, reproduction, and

photographing. (a) Photographs. Photographs or similar reproductions of classified matter are prohibited, except by persons specifically directed or authorized by proper authority.

(b) 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.

8 805.5 Dissemination; general pro

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

(b) 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.

(c) 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 this part. Normally, automatic distribution of classified information outside the Department of Defense will not be authorized. $ 805.6 Identification and personnel

security clearance. 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 information, the intended recipient's clearance will be verified. $ 805.7 Advising of need for 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. § 805.8 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 do not reveal classified information. $ 805.9 Commercial and service pub

lications. (a) 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.

(b) 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. & 805.10 Additional precautions neces

sary to limit dissemination. (a) Personal correspondence. Classified information will not be included in personal correspondence or messages.

(b) Rescission. Classified documents which have been rescinded or superseded will be protected according to their category until destroyed. & 805.11 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. $ 805.12 Top secret, secret, and con

fidential matter. (a) Top Secret matter-(1) Definition. Executive Order 10501 defines the Top Secret category as follows: "The use of the classification Top Secret shall be authorized, by appropriate authority, only for defense information or material which requires the highest degree of protection. The Top Secret classification shall be applied only to that information or material the defense aspect of which is paramount, and the unauthorized disclosure of which could result in exceptionally grave damage to the Nation such as leading to a definite break in diplomatic relations affecting the defense of the United States, an armed attack against the United States or its allies,

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