PARTMENT

DEFENSE

December 7, 1966
NUMBER 5220.6

ASD(A)

SUBJECT

Department of Defense Directive

Industrial Personnel Security Clearance Program

References: (a) Executive Order 10865, Safeguarding Classi-
fied Information Within Industry, dated

February 20, 1960, as amended by Executive
Order 10909, (Appendix A)

(b) DoD Directive 5220. 6, Subject: Industrial Per-
sonnel Access Authorization Review Regu-
lation, dated July 28, 1960 (cancelled)

(c) DoD Directive 5220. 22, DoD Industrial Security Program, dated July 30, 1965

(d) DoD Directive 5515. 9, Settlement of Claims Under the Provisions of the Federal Tort Claims Act (28 U.S. Code; Sections 26712680) (Delegation to the Secretary of the Army) dated November 15, 1961

(e) DoD Directive 5210.8, Policy on Investigation and Clearance of DoD Personnel for Access to Classified Defense Information, dated February 15, 1962

PURPOSE

In accordance with reference (a) this Directive establishes the standard and criteria for making security clearance determinations when persons employed in private industry require access to classified defense information, and sets forth procedures which shall be followed for cases arising under the DoD Industrial Personnel Security Clearance Program (hereinafter referred to as the Program).

CANCELLATION

Reference (b) is hereby superseded and cancelled, effective 30 days from the date hereof.

94-756 - 68 pt. 2 --8

A. Department of Defense components includes the Military Departments and Defense Agencies and, as appropriate, their subordinate organizations.

B. Agencies refers to Executive Departments and agencies
outside of the Department of Defense which have agreed
to process industrial personnel security clearances under
this Directive.

C. Agency Case. A case arising out of the release of classified information to or within industry by any Agency.

D. Agency Head. The head of any of the Agencies in B. above.

E. Applicant. A person eligible to have the status of his
clearance determined under this Directive.

F.

G.

Contractor. An industrial, educational, commercial, or other organization which has executed a Department of Defense Security Agreement.

Examiner. An official designated by the Department of Defense to conduct hearings and make determinations under the Program.

H. Hearing. A proceeding convened and conducted by an Examiner in accordance with this Directive for the purpose of determining an applicant's eligibility for a clearance.

I.

J.

Security Clearance or Clearance. An authorization for a contractor or person employed by a contractor to have access to specified levels of classified defense information provided his duties so require.

Statement of Reasons. A statement issued by the Department of Defense setting out the reasons why an applicant's security clearance should be denied, suspended, or revoked.

III.A.

IV.

A.

Dec 7, 66
5220.6

APPLICABILITY AND SCOPE

The provisions of this Directive are applicable to all
Department of Defense components.

B. By mutual agreement, the provisions of this Directive also extend to other Agencies. These agencies include the Department of State, Department of Treasury, Department of Commerce, General Services Administration, National Science Foundation, Small Business Administration, Federal Aviation Agency, National Aeronautics and Space Administration, and such other Agencies as may agree to process industrial security clearance cases under this Directive.

C.

D.

E.

F.

G.

All applicants in private industry who require access
to classified defense information shall as a minimum
be investigated in accordance with the standards set
forth in reference (e).

This Directive applies to cases in which the applicant is eligible to be considered for a clearance, and a Department of Defense activity has recommended either (1) that such clearance be denied or revoked, or (2) that such clearance be suspended under section IX. A. below.

In cases where an applicant's clearance has been
suspended or a Statement of Reasons issued, the
subsequent termination of employment will not
affect the applicant's right to pursue these procedures.

The Program may be extended to other cases at the
direction of the Assistant Secretary of Defense
(Administration).

The Program does not extend to cases involving access to communications analysis material or information, to cases in which a clearance is administratively withdrawn without prejudice upon a finding that the applicant is not eligible, or to cases in which an interim clearance is withdrawn during an investigation.

A.

B.

Access to classified information shall be granted
or continued only to those individuals who have been
determined eligible based upon a finding that to do so
is clearly consistent with the national interest.

In the course of an investigation, interrogation,
examination, or hearing, the applicant may be requested
to answer relevant questions, or to authorize others to
release relevant information about himself. The
applicant is expected to give full, frank, and truthful
answers to such questions, and to authorize others to
furnish relevant information. The applicant may
elect on constitutional or other grounds not to comply.
However, such a wilful failure or refusal to furnish or
to authorize the furnishing of relevant and material infor-
mation may prevent the Department of Defense from
reaching the affirmative finding required by reference (a)
in which event any security clearance then in effect shall be
suspended by the Assistant Secretary of Defense (Admin-
istration), or his designee, and the further processing
of his case discontinued.

C. Inquiries concerning an applicant will be limited to matters relevant to a determination whether granting access to classified information is clearly consistent with the national interest, and shall not be directed to the applicant's opinions about: (1) religious beliefs and affiliations; (2) racial matters; (3) political candidates or parties other than those included in section VI. D. below; (4) the constitutionality or wisdom of legislative policies.

D.

Determinations under this Directive shall be in terms
of the national interest and shall in no sense be deter-
minations as to the loyalty of the applicant; nor shall
they be considered a bar to employment in a position
not requiring access to classified information.

V.A.

Dec 7, 66
5220.6

VI.

E. The conduct described in section VI. below may, in
the light of all the surrounding circumstances, be the
basis for denying or revoking a clearance. The conduct
varies in implication, degree of seriousness, and
significance depending upon all the factors in a
particular case. Therefore, the ultimate deter-
mination must be an over-all common sense one based
upon all the information which may properly be con-
sidered under this Directive including, but not limited
to, such factors as the following: the seriousness of
the conduct, its implications, its recency, the moti-
vations for it, the extent to which it was voluntary
and undertaken with knowledge of the circumstances
involved and, to the extent that it can be estimated
and is appropriate in a particular case, the probability
that it will continue in the future.

CRITERIA

The criteria for determining eligibility for a clearance
shall relate, but not be limited to, the following:

A. The attempt or commission of any act of sabotage, espionage, treason, or sedition, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition.

B. Establishing or continuing a sympathetic association
with a saboteur, spy, traitor, seditionist, anarchist,
or with an espionage agent or other representative
of a foreign nation whose interests may be inimical
to the interests of the United States, or with any
pers who advocates the use of force or violence
to overthrow the Government of the United States or
the alteration of the form of Government of the
United States by unconstitutional means.