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in accordance with the provisions of §§ 805.31 to 805.40. The provisions of this section do not affect the requirement for a security agreement whenever any classified security information is involved, nor the requirement for an appropriate plant security survey in accordance with § 805.35.

(b) Facility security clearances, when required by paragraph (a) of this section, will be granted by major air commands concerned to prospective bidders or contractors: Provided, That:

(1) The officers, directors, owners and key employees who will require access to such classified security information in connection with precontract negotiations or preparation of bids are either United States citizens or aliens who have been lawfully admitted to the United States for permanent residence under immigration visas.

(2) Except as indicated in subparagraph (5) of this paragraph, a check of the central records of the Federal Bureau of Investigation and the records of such other agencies as may be pertinent reveals no adverse information concerning:

(i) The facility.

(ii) Officers of the facility.

(iii) Directors of the facility. All directors who are aliens. With respect

to United States citizens, all directors who will require access to classified security information in the conduct of the corporate business, provided those directors who will not require access to classified security information are designated by official action of the Board of Directors and made a matter of record in the corporate minutes and a copy of such minutes is filed with the military department granting the facility clear

ance.

(iv) Owners and key employees who will have access to classified security information.

(3) A check of the fingerprint files and subversive indexes of the Federal Bureau of Investigation reveals no adverse information concerning persons referred to in subparagraph (2) (ii) (iii) and (iv) of this paragraph.

(4) Sufficient investigation has been conducted to support a decision to grant or deny a security clearance, if the records reveal adverse information concerning persons referred to in subparagraph (2) of this paragraph.

(5) A background investigation has been completed if one of the persons referred to in subparagraph (2) of this paragraph is an alien and security information classified Secret or higher is involved.

(6) Persons referred to in subparagraph (1) of this paragraph have been issued letters of consent as necessary for access to classified security information.

(c) Subject to the conditions prescribed in paragraphs (a) and (b) of this section regarding aliens, security agreements, and surveys, major air commands concerned may grant interim facility security clearances for access to Confidential security information, subject to revocation if derogatory information is subsequently developed, pending completion of the required investigation and clearance.

(d) In those cases where a facility security clearance is not initially required under the provisions of §§ 805.31 to 805.40, and access to security information classified higher than Restricted is involved subsequent to the award of a contract, action will be taken to grant a clearance as prescribed in §§ 805.31 to 805.40, prior to disclosure of such information.

[17 F. R. 8475, Sept. 23, 1952, as amended at 17 F. R. 11144, Dec. 9, 1952]

§ 805.33 Scope of facility clearance. A clearance accorded a facility for the purpose of precontract negotiations or preparation of bids, made in accordance with § 805.32, will also constitute a clearance of the facility for purposes of the award of a contract: Provided, however, That:

(a) Nothing contained in §§ 805.31 to 805.40 may be construed as authorizing the disclosure of classified security information by any means or in any form to a contractor, prospective contractor or prospective bidder, or any representative thereof. Policy prescribed in §§ 805.1 to 805.22, as supplemented by procedures prescribed in current directives, applies with respect to the approval or disapproval of all requests for classified security information and all proposals to release classified security information to private individuals, firms, corporations, or other non-governmental organizations.

(b) A facility security clearance will not be considered to dispense with the

requirements of § 805.35 for adequate facilities for the protection of classified security information at the place or places where the contract will be performed.

(c) Clearance of contractor personnel will be required in the manner and to the extent provided by §§ 805.51 to 805.61.

§ 805.34 Facility denial. (a) Facility security clearances will not be granted when an officer or director of the firm or corporation or any owner who will have access to classified security information is found to be unsuited for access to classified security information under the following criteria: On all the evidence and information available, reasonable grounds exist for belief that the person:

(1) Has committed acts of treason or sedition, has engaged in acts of espionage or sabotage, has actively advocated or aided the commission of such acts by others, or has knowingly associated with persons committing such acts.

(2) Is employed by, or subject to the influence of, a foreign government under circumstances which may jeopardize the security interests of the United States.

(3) Has actively advocated or supported the overthrow of the Government of the United States by the use of force or violence.

(4) Has intentionally disclosed military information classified Confidential or higher without authority and with reasonable knowledge or belief that it may be transmitted to a foreign government, or has intentionally disclosed such information to persons not authorized to receive it.

(5) Is mentally or emotionally unstable, is a habitual offender of the law, or does not possess the integrity, discretion, and responsibility essential to the security of classified military information.

(6) Is, or recently has been, a member of, or affiliated or sympathetically associated with, any foreign or domestic organization, association, movement, group, or combination of persons which

(i) Is, or has been designated by the Attorney General as, totalitarian, fascist, communist, or subversive;

(ii) Has adopted, or has been designated by the Attorney General as having adopted, a policy of advocating or ap

proving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States; or

(iii) Seeks, or has been designated by the Attorney General as seeking, to alter the form of the Government of the United States by unconstitutional means.

(b) When a denial appears justified, a copy of the report of investigation and any other evidence upon which the decision is predicated, together with appropriate recommendations, will be sent to the Army-Navy-Air Force Personnel Security Board for decision. A facility security clearance denied or revoked on security grounds other than those pertaining to the physical elements of security is appealable to the Industrial Employment Review Board. Security clearances for precontract negotiations need not be denied when a key employee is found to be unsuited for access to classified security information: Provided, That the employee concerned will not be given access thereto.

(c) In each instance, a copy of the recommendations forwarded to the Army-Navy-Air Force Personnel Security Board for denial of clearance will be forwarded to the Deputy Inspector General for Security, Headquarters United States Air Force, Washington 25, D. C.

(d) If the facility is foreign-owned or controlled to the extent that it may constitute a security risk, clearance will be denied in accordance with specific instructions on this subject.

(e) When any officer, director, owner, or key employee is found to be an alien in the United States under other than an immigration visa, military information will not be released or disclosed to the alien without the specific approval of the Director of Intelligence, Headquarters United States Air Force.

§ 805.35 Plant survey. (a) In addition to requirements concerning facility security clearances, the award of a contract involving classified security information will be subject to an appropriate security survey of the plant, shop, laboratory, or place at which work under the contract will be performed to determine whether adequate facilities are available for protecting classified security information that will be released to or developed by the contractor, so far as can be anticipated at the time of the survey. Commanders concerned will

conduct such formal or informal surveys as they deem proper, according to the security classification, nature, or volume of classified security information that will require physical protection. Whenever practicable, however, and time permits, a complete security survey will be conducted and DD Form 374, Plant Security Survey Report, will be used.

(b) When a security survey reveals inadequate facilities for the protection of the classified security information, the award of a contract involving classified security information will be withheld pending satisfactory completion of negotiations for the correction of the deficiencies. Responsibility for assuring compliance by the prospective contractor when agreements for the installation of security measures have been reached in such cases will rest with the commander concerned.

§ 805.36 Central records. Facilities cleared or denied clearance for precontract negotiations or for the award of contracts involving classified security information will be recorded, as will personnel cleared or denied clearance for access to classified security information. Record thereof, together with copies of security surveys and security agreements, will be forwarded promptly to the Central Index Files, Army-Navy-Air Force Personnel Security Board, c/o Provost Marshal General, Washington 25, D. C., where they will be maintained in such a way that information concerning the status of such facilities and persons is immediately available to all procurement activities of the Department of Defense.

§ 805.37 Subcontractors. The policies contained in §§ 805.31 to 805.40 pertaining to contractors are equally applicable to subcontractors.

§ 805.38 Applicability to "restricted data." The policies contained in §§ 805.31 to 805.40 will apply to "restricted data" as defined in the Atomic Energy Act of 1946 (60 Stat. 755; 42 U. S. C. 1801-1819), bearing military classifications, subject to the following additional specific requirements and limitations:

(a) A complete National Agency Check is required beforehand concerning all officers, directors, owners, and all key employees who will have access to classified security information if the security information involved is classified Top Secret, Secret, or Confidential.

(b) In addition, if one of the persons referred to in paragraph (a) of this section is an alien, a background investigation of such alien is required before he may have access to the classified security information described.

(c) With respect to security information classified Restricted, a National Agency Check will be made of the persons referred to in paragraph (a) of this section if one of them is an alien, except that only such alien key employees who must have access to the classified security information need be checked.

(d) The granting of Atomic Energy Commission “Q” clearances for access to "restricted data" in the possession of contractors or contractors' employees of the Atomic Energy Commission is governed by current directives.

§ 805.39 Applicability to cryptographic material. The policies contained in §§ 805.31 to 805.40, except § 805.38, will apply with respect to contracts involving research, development, or production of classified cryptographic equipment or other classified cryptographic material, subject to all of the following additional requirements and limitations.

NOTE: In view of the extremely sensitive information involved, the disclosure of the actual details of cryptographic information to bidders or prospective bidders is not anticipated.

(a) Whenever time permits, a background investigation will be conducted in advance on all officers, directors, owners, and key employees who will have access to the classified security information.

(b) If time does not permit the completion of background investigations, at least a complete National Agency Check is required beforehand concerning all persons referred to in paragraph (a) of this section.

(c) All officers, directors, and owners, and all key employees who must be granted access to the classified security information, must be eligible for access to cryptographic matter under criteria prescribed in current directives.

(d) If all persons referred to in paragraph (c) of this section are eligible for access to cryptographic matter, and the results of the investigations of all such persons and the facility are satisfactory, cryptographic clearances may be granted such personnel by the commander concerned, letters of consent for con

tractor personnel to have access to classified cryptographic information may be issued (see §§ 805.51 to 805.61), and the necessary disclosure of information may be made.

(e) A decision of the commanding general of the major air command concerned not to award a contract involving access to classified cryptographic information due to security limitations prescribed by this section is not appealable under the provisions of §§ 805.31 to 805.40.

§ 805.40 Prescribed forms. The following Department of Defense forms are prescribed for use as indicated below:

(a) Central Security Index File Check, DD Form 555. A request for information from the Central Index Files concerning the security clearance status of contractors, prospective contractors, and individuals may be submitted on DD Form 555, Central Security Index File Check.

(b) Requests for investigations. The following forms are prescribed for requesting investigations, including the number of copies of each form to accompany each request:

(1) Five copies of DD Form 48, Personnel Security Questionnaire, will be completed by all United States citizens who are subject to investigation.

(2) Five copies of DD Form 49, Alien Questionnaire, will be completed by all aliens who are subject to investigation.

(3) One Applicant Fingerprint Card (Number 16-63416-1) will be completed for all persons subject to investigation. National Defense Program fingerprint cards may be used until present supplies are exhausted.

(c) Plant Security Survey Report, DD Form 374. One copy of DD Form 374, Plant Security Survey Report, referred to in § 805.35 will be forwarded to the Central Index Files.

(d) Notification of Facility Security Clearance, DD Form 562. One copy of DD Form 562, Letter of Notification of Facility Security Clearance, will be furnished each facility upon granting facility clearance.

(e) Letters of Consent for Employees, DD Form 560 and DD Form 561. One copy of DD Form 560, Letter of Consent for United States Citizens, or DD Form 561, Letter of Consent for Aliens, as ap

propriate, will be furnished a facility as notification that a letter of consent for an employee has been granted.

(f) Central Security Index File-Facility, DD Form 265. A record of facility clearance action will be sent to the Central Index Files on DD Form 265, Central Security Index File-Facility. The fact that a fingerprint check has been conducted also will be reflected on the form.

(g) Central Security Index File-Personnel, DD Form 264. A record of personnel clearance action will be sent to the Central Index Files on DD Form 264, Central Security Index File-Personnel. The fact that a fingerprint check has been conducted also will be reflected on the form.

INVESTIGATION AND CLEARANCE OF PRIVATE CONTRACTOR EMPLOYEES

SOURCE: §§ 805.51 to 805.61 appear at 17 F. R. 8477, Sept. 23, 1952.

§ 805.51 Policy. To minimize the security risk incident to the handling of classified security information by Air Force contractor employees, it is essential that the loyalty, integrity, and trustworthiness of the personnel specified in §§ 805.51 to 805.61 be established by investigation.

§ 805.52 Responsibility. (a) The Department of the Air Force is responsible for investigating and clearing Air Force contractor personnel in accordance with the provisions of §§ 805.51 to 805.61. A clearance granted as prescribed herein constitutes an administrative determination that the employment of such a person in the manner proposed will not be inimical to the interests of the United States, and it will be evidenced by the issuance of an appropriate letter of consent as prescribed in § 805.61. However, a letter of consent issued on DD Forms 560 or 561 by activities of the Departments of the Army or Navy will be accepted by the Air Force commander concerned as authority for the same contractor to employ the same person on Air Force contracts without additional clearance action, unless additional investigative action is necessary to meet the requirements of §§ 805.51 to 805.61. Further, a letter of consent issued by activities of the Department of the Army or Navy should be accepted as a basis for the issuance of a letter to another contractor for employment of the same person on Air Force contracts: Provided,

That the commander concerned determines that it is not necessary to request that the previous investigation be brought up to date: And Provided, That no additional investigative action is necessary to meet the requirements of §§ 805.51 to 805.61.

(b) Commanders concerned are responsible for taking appropriate action to prevent the disclosure of classified security information to persons referred to in §§ 805.51 to 805.61 until the prescribed clearances have been granted.

§ 805.53 Dissemination of classified information. Nothing contained in §§ 805.51 to 805.61 may be construed as authorizing the dissemination or disclosure of any classified security information in any form to employees or other representatives of contractors, prospective contractors, or prospective bidders. Policy prescribed in §§ 805.1 to 805.22 as supplemented by procedures prescribed in current directives applies with respect to all requests for classified security information and all proposals to release classified security information to contractors, prospective contractors, prospective bidders, and their employees or other representatives.

§ 805.54 Investigations. Air Force contractor employees in the following categories will be investigated as indicated:

(a) For United States citizens whose duties or employment in connection with the performance of a contract will involve access to any security information classified Top Secret or to cryptographic information classified Secret, Confidential, or Restricted, a background investigation will be conducted.

(b) For United States citizens whose duties or employment in connection with the performance of a contract will involve access to "restricted data," as defined in the Atomic Energy Act of 1946 (60 Stat. 755; 42 U. S. C. 1801-1819), that is classified Secret or Confidential, or to other security information classified Secret, except cryptographic information, a National Agency Check will be conducted.

(c) For aliens whose duties or employment in connection with the performance of a contract will involve access to any classified security information, a background investigation will be conducted. (As used in §§ 805.51 to 805.61 the term "alien" applies only to those

aliens who are in the United States under an immigration visa for permanent residence.)

(d) For contractor employees whose duties or employment in connection with the performance of a contract will involve access to Confidential or Restricted security information, investigation and clearance are not required, except as prescribed in paragraphs (a), (b), (c), and (e) of this section.

(e) The provisions of §§ 805.51 to 805.61 are not intended to preclude investigation of contractor personnel not otherwise provided for herein when there is any evidence that the continued employment of these persons constitutes a security risk.

§ 805.55 Clearances (a) General. Except for clearances provided in paragraphs (d) and (e) of this section, upon completion of the required investigations as prescribed in § 805.54, major air commanders concerned may grant personnel security clearances by issuance of a letter of consent to the contractor involved. In the case of United States citizens referred to in § 805.54 (a), a letter of consent may be issued based on favorable results of a National Agency Check pending completion of the required background investigation. In the case of aliens referred to in § 805.54 (c), a letter of consent may be issued for access to "restricted data" classified Restricted or other security information classified up to and including Confidential, based on favorable results of a National Agency Check, pending completion of the required background investigation. In all instances, letters of consent are subject to revocation if derogatory information within the meaning of the criteria established for the Industrial Employment Review Board (see § 805.34 (a)) is subsequently developed.

(b) Military clearances for "Restricted Data." Letters of consent issued pursuant to paragraph (a) of this section, to authorize the employment of persons on duties requiring access to security information classified Top Secret, Secret, Confidential, or Restricted, will also constitute authority for the employment of the same persons on duties requiring access to atomic energy "restricted data" of like military security classification, except as indicated in paragraph (d) of this section. Letters of consent issued in accordance with the provisions of

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