SORT: 5220.22 DOCI: DODD 5220.22 DATE: 19801208 TITL: DODD 5220.22, DoD Industrial Security Program, December 8, 1980, USD(P) Refs: (a) DoD Directive 5220.22, subject as above, December 1, 1976 (hereby canceled) (b) Executive Order 10865, "Safeguarding Classified Information Within Industry," February 20, 1960, as amended by Executive Order 10909, January 17, 1961 (c) DoD Directive 5025.1, "Department of Defense Directives System," October 16, 1980 (d) DoD Directive 5220.6, "Industrial Personnel Security Clearance Program," December 20, 1976 (e) DoD Directive 5122.5, "Assistant Secretary of Defense (Public Affairs)," July 10, 1961 A. REISSUANCE AND PURPOSE 1. This Directive reissues reference (a) to implement reference (b) within the Department of Defense; assigns overall responsibility for policy and administration of the Defense Industrial Security Program (DISP); and ensures that classified information released to industry is properly safeguarded. 2. This Directive authorizes the following publications to be issued in accordance with the provisions of reference (c): a. The Industrial Security Regulation (DoD 5220.22-R). This document prescribes detailed policies and Procedures applicable to all user agencies in carrying out their responsibilities under the DISP. b. The Industrial Security Manual for Safeguarding Classified Information (DoD 5220.22-N) and supplements thereto. This document is incorporated by reference into the Department of Defense Security Agreement and is part of the basic contract between the government and those contractors who require access to classified information. (1) The document also is incorporated by reference into each contract, the performance of which requires access to classified information by the contractor or his or her employees (2) DoD 5220.22-M prescribes the specific requirements, restrictions, and other safeguards considered necessary in the interest of national security for the safeguarding of classified information. c. The Industrial Security Letter. This document, which is issued as needed, provides guidance for industry in carrying out its responsibilities under the DISP. d. Industrial Security Bulletin. This document, which is issued as neededprovides guidance to those in government having responsibilities related to the administration of the DISP. B. APPLICABILITY The provisions of this Directive apply to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff, and the Defense Agencies (hereafter referred to as "DoD Components"). C. POLICY 1. As provided in E.O. 10865 (reference (b)), the Secretary of Defense is authorized to prescribe, by regulation, such specific requirements, restrictions, and other safeguards as are considered necessary to protect: a. Classified information provided to or within U.S. industry that relatesto the bidding on, negotiation, award, performance, or termination of contracts with DoD Components. b. Other classified information provided to or within industry that the Department of Defense has responsibility for safeguarding. 2. For the purposes of this Directive, U.S. industry includes any industrial, educational, commercial, or other entity and shall be referred to as 3. In addition, the Secretary of Defense is authorized to enter into agreements with any other department or agency of the Executive Branch to extend the regulations he prescribes to safeguard classified information provided to industry by these departments or agencies (D.l.f., below). Such other departments and agencies, as well as DoD Components, shall be referred to in this Directive as "user agencies." 4. The Department of Defense shall set forth policies, practices, and procedures to be followed by user agencies for the effective protection of classified information provided to industry, including foreign classified information the U.S. Government is obliged to protect in the interest of national security. 5. DoD Directive 5220.6 (reference (d)) established the standard and criteria for making security clearance determinations when persons employed in private industry require access to classified information. 6. DoD Directive 5122.5 (reference (e)) established the responsibility of the Assistant Secretary of Defense (Public Affairs) for the review of information pertaining to classified contracts before public disclosures by DoD contractors. D. RESPONSIBILITIES 1. The Deputy Under Secretary of Defense (Policy Review) (DUSD(PR)) shall: a. Be responsible for overall policy guidance and management oversight of the DISP. b. Approve the issuance of changes to DoD 5220.22-M and DoD 5220.22-R. c. Develop policies, plans, and programs for the DISP, and approve changesbefore issuance by the Director, Defense Investigative Service (DIS). d. Coordinate with other offices in the OSD, as appropriate, all proposed policies, plans, and programs before referral for issuance by the Director, DIS. e. Determine the effectiveness of the operation and administration of the DISP. f. Upon request of other government departments or agencies, under E.O. 10865 (reference (b)), arrange, on behalf of the Department of Defense, to apply the provisions of the DISP to contractors of such departments or agencies, and render industrial security services required for the safe- guarding of classified information released by such departments or agencies to industry. The Director, DIS, shall be kept currently informed of such agreements. 2. The Assistant Secretary of Defense (Public Affairs), unless otherwise delegated, shall review and clear information pertaining to classified contracts before public disclosures by DoD contractors. Contractors shall be required, as a contract obligation, to submit information materials described above according to DoD 5220.22-M. 3. The Director, Defense Investigative Service, under the general supervision of the General Counsel, DoD, shall administer the DISP as a separate program element on behalf of all DoD Components. In this capacity, the Director, DIS, shall assume security cognizance for all contractors and industrial facilities under the DISP on behalf of the Department of Defense, DoD Components, and user agencies, and shall provide investigative support, as required, for the administration of the DISP. In addition, the Director, DIS, shall: a. Develop appropriate changes to maintain DoD 5220.22-R and DoD 5220.22- M, including supplements thereto, on a current and effective basis. Proposed changes to these documents shall be forwarded to the ODUSD(PR), ATTN: Director, Security Plans and Programs, for preliminary policy review. b. Refer proposed changes to DoD 5220.22-R and DoD 5220.22-N to the DUSD(PR), ATTN: Director, Security Plans and Programs and publish changes expeditiously, upon approval by the DUSD(PR). c. Prepare, coordinate and publish the Industrial Security Letter and Bulletin on approval by the DUSD(PR), ATTN: Director, Security Plans and Programs. d. Present on an annual basis, the James S. Cogswell Award to selected contractors in recognition of sustaining a superior security program for safeguarding classified information. e. Budget, fund, and administer the DISP, including the appropriate field extensions. (The Defense Logistics Agency shall make appropriate funds available to DIS through FY 81.) 4. The Heads of DoD Components shall ensure that all their contracts requiring contractor access to classified information come within the purview of the DISP. 5. The Secretaries of the Military Departments shall provide counter- intelligence support when requested. E. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective October l, 1980. Forward two copies of implementing documents to the Deputy Under Secretary of Defense (Policy Review) within 120 days. W. Graham Claytor, Jr. Deputy Secretary of Defense ---------------------------------