AFR 40-12, 16 October 1953, is changed as follows:

8b. In regard to paragraphs a(5), (9), (10). and (11) above, designations of organizations by the Attorney General of the United States are made solely for the purpose of guidance to departments and agencies in the discharge of their obligations under Executive Order 10450 as amended. An employee's membership in. affiliation with, or sympathetic association with any organization, whether specifically designated pursuant to that Executive Order or not, is but one of the factors which will be considered in making the security determination. In evaluating such membership, affiliation, or association consideration will be given to the employee's

statements concerning the reasons and circumstances which led to his joining the organization involved and his knowledge of the purposes of the organization.

9. (Delete)

10. (Delete)

11. (Delete) 12. (Delete)

(NOTE: Paragraphs 9, 10. 11. and 12 are superseded by AFR 40-23, 8 March 1960.)

Conduct of Hearings...

Notice to Employee..

Release of Information..

b. Continental United States. As used herein, the term "Continental United States" means the forty-eight States and the District of Columbia

c. National Security. As used herein, the term "national security" relates to the protection and preservation of Ailitary economic, and productive strength the United States, including the Verity of the Goverment in domestic and foreign airs, against or from espionage, sabotage, subversion and any and all other illegal acts designed to weaken or destroy the United States.

d. United States. As used herein in a geographical sense, the term "United States" includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States.

4. Policy:

a. No civilian will be employed for, assigned to, or retained in any position in the Air Force Establishment if such employment, assignment, or retention is not clearly consistent with the interests of the national security.

b. Established national policies, founded upon statutes of the United States and Executive Orders of the President, require exclusion and removal from Federal employment of individuals who are unfit for employment for security reasons. Public Law 733, 81st Congress, authorizes the Secretary of the Air Force to suspend summarily without pay any civilian officer or employee when he deems such suspension necessary in the interest of national security, and to terminate the employment of such officer or employee if he determines such termination is necessary or advisable in the interest of national security. Section 9(a) of the Hatch Act (5 U.S.C. 118j) makes it unlawful for any employee whose compensation is paid from funds authorized or appropriated by Congress to have membership in any political party or organization which advocates the overthrow of our constitutional form of Government in the United States. That section also provides that any person violating its provisions shall be removed immediately from the position or office held by him, and thereafter no part of the funds appropriated by any Act of Congress for such position shall be used to pay the compensation of such person. The current appropriation act applicable to the Air Force prohibits payment of funds appropriated by Congress to any employee who advocates or who is a member of an organization that advocates overthrow of the Government of the United States by force or violence. Executive Order 10450 provides that the interests of the national security require that all persons privileged to be employed in the Air Force shall be reliable, trustworthy, of good conduct and

character, and of complete and unswerving loyalty to the United States. That Order requires an effective program to insure that the employment or retention in employment of any civilian officer or employee is clearly consistent with the interests of the national security. It also provides that any person whose employment is suspended or terminated under the authority granted to heads of departments and agencies by or in accordance with Public Law 733, 81st Congress, or pursuant to Executive Order 9835, or any other security or loyalty program relating to officers or employees of the Government, shall not be reinstated or restored to duty or reemployed in the same department or agency and shall not be reemployed in any other department or agency, unless the head of the department or agency concerned finds that such reinstatement, restoration, or reemployment is clearly consistent with the interests of the national security, which findings shall be made a part of the records of such department or agency; and that no person whose employment has been terminated under such author-! ity may be employed thereafter by any other department or agency except after a determination by the Civil Service Commission that such person is eligible for such employment.

c. It is the policy of the Air Force that every possible safeguard will be provided to insure that no employee of the Air Force is removed from his employment arbitrarily or without full consideration and review of his case. No employee having a permanent or indefinite appointment who has completed his probationary or trial period and who is a citizen of the United States will be removed from his employment without an opportunity for a full and impartial hearing. Other individuals covered by this Regulation may be afforded such a hearing at the discretion of the Central Security Board. It will, however, be the policy of the Board to grant such a hearing in all such cases except where the national security would otherwise be immediately affected.

d. Security determinations will be made pursuant to the standard and criteria set forth in Section II. Such determinations, however, cannot be made in the abstract nor can general rules be laid down which will resolve individual cases automatically. In each case consideration should be given first to whether an individual is a suitable Air Force employee in his regularly assigned position. Where it is determined that an inIdividual is not disqualified on security grounds for employment by the Department in any capacity, consideration should be directed to his fitness to hold the particular position to which he is assigned. The habits, activities, attitudes, associations, trustworthiness, reliability, and discretion of the individual involved are all relevant to

the question of whether, because of his access to Air Force installations, information or material by virtue of his employment in the position involved, he might, either intentionally or inadvertently, disclose to unauthorized persons classified security information or other information, the disclosure of which is prohibited by law, or otherwise act against the security interests of the United States. In making this determination, the nature of the regularly assigned or official position involved (as distinguished from any position to which an employee may have been temporarily detailed as an interim security measure) and the opportunity afforded to the occupant of such position to have access (authorized or unauthorized) to security information, or to act to the detriment of national security, must be evaluated together with the information available to the Air Force and a common-sense decision rendered as to the ultimate question in each case: Is retention in employment clearly consistent with the interests of national security?

e. The suspension and removal procedures provided for in this Regulation are based on the authority granted by Public Law 733, 81st Congress, and their use will be limited to cases in which the interests of national security are involved. These procedures will be used to supplement, not to substitute for, applicable civilian personnel removal procedures which will be used as appropriate where national security is not a consideration.

5. Responsibilities. In carrying out the objectives and requirements of the security program, the following responsibilities are assigned:

a. Over-all supervision and responsibility for the program are vested in the Assistant Secretary of the Air Force (Management).

b. The Deputy Chief of Staff, Personnel, through the Director of Civilian Personnel, is responsible for the general administration of the program and for the continuing appraisal of the adequacy of the program from the standpoint of effective personnel administration.

c. The Inspector General, Department of the Air Force, is responsible for the continuing appraisal of the adequacy of the program from the standpoint of effective security protection.

d. Each commander is responsible for taking the action necessary to carry out the policies prescribed in this Regulation, for taking action, as prescribed in this Regulation, for the processing of all security cases involving civilian officers and employees under his command and for providing appropriate support for Security Hearing Boards convened at his installation as prescribed in this Regulation.

6. Establishment of Boards, and the Office of the Executive Secretary:

a. The Central Loyalty-Security Board, established in the Department of the Air Force, is redesignated the Central Security Board. It will make initial adjudications and prepare charges, when required, in all security cases referred to it in accordance with this Regulation or by the Secretary of the Air Force. The Board will be composed of at least three members appointed by order of the Secretary of the Air Force. One will be selected by the Deputy Inspector General, Headquarters USAF, from activities under his jurisdiction, one from the Office of the Director of Civilian Personnel, and one from either the Office of the General Counsel or the Office of The Judge Advocate General of the Air Force. One of the members will be appointed to serve as chairman. Any three members of the Board will constitute a quorum.

b. The Loyalty-Security Hearing Boards established at each Air Force activity outside the Continental United States, except those in Alaska, Canal Zone, Hawaii, Puerto Rico, and Virgin Islands, which maintains a central civilian personnel office are redesignated Security Hearing Boards. Each Board will hear and consider all security cases which are referred to it by the Central Security Board. Each Security Hearing Board will be composed of at least three members. Those appointed to the Board must be persons of responsibility, usually holding key positions. Any three or more members of each Board will constitute a quorum, provided a majority of those present are civilians. The commander of the Air Force activity will nominate the members of the Board for confirmation and appointment by order of the Secretary of the Air Force, and will designate a chairman as required from among the members so appointed. The commander is responsible for taking the steps required on his part sufficiently far in advance so that a Board, appointed in accordance with the provisions of this Regulation, is available at all times. The names of all original nominees, or additional nominees to replace members previously appointed, must be submitted to the Executive Secretary, Civilian Personnel Security Program, Directorate of Civilian Personnel, Headquarters, United States Air Force, Washington 25, D. C., along with a certification of personnel security clearance issued in compliance with the provisions of AFR 205-6 after a background investigation, showing the date of the background investigation, the agency which conducted the investigation, and the location of the investigative file. Copies of the reports upon which the clearance is based will also be forwarded if available in the theatre. When this certification cannot be furnished, DD Form

398, "Statement of Personal History" in quintuplicate, and a fingerprint card as prescribed by AFR 125-36, both completed in detail, must be submitted for each nominee sufficiently far in advance to permit clearance prior to appointment. If a review of the Statement of Personal History by the commander overseas indicates that investigation in the overseas area will be required as a part of a background investigation as prescribed by AFR 205-6, the investigation overseas will be accomplished and reports reflecting the results will accompany the nomination. Letters submitting nominations will include a statement by the commander that, in his personal opinion, the nominees are persons of responsibility and are of mature judgment and balance who can be counted upon to proceed in a fair and judicious manner.

c. Other Security Hearing Boards to hear and consider cases involving civilian personnel of Air Force activities within the Continental United States, Alaska, Canal Zone, Hawaii, Puerto Rico, and Virgin Islands, will be established by the Secretary of the Air Force in appropriate areas.

d. The Security Review Board is established in the Office of the Secretary of the Air Force to review all security cases submitted to it in accordance with this regulation and make recommendations thereon to the Secretary. The Board will be composed of members appointed by the Secretary of the Air Force.

e. The Director of Civilian Personnel will provide an Executive Secretary, Civilian Personnel Security Program, and a Secretariat. The Executive Secretary will perform such administrative duties as are directed by the Secretary of the Air Force, or by the Boards.

SECTION II-STANDARD AND CRITERIA

7. Standard. The standard for the refusal of employment or the removal from employment in the interests of the national security shall be that, based on all the available information, it is determined that employment or retention in employment of the person concerned is not clearly consistent with the interests of the national security.

8. Criteria for Application of Standard:

a. Information regarding an applicant for employment, or an employee, which may preclude a finding that his employment or retention is clearly consistent with the interests of the national security, shall relate, but shall not be limited, to the following:

(1) Depending on the relation of the em-
ployment to the national security:
(a) Any behavior, activities, or associa-

tions which tend to show that the individual is not reliable or trustworthy.

(b) Any deliberate misrepresentations, falsifications, or omission of material facts.

(c) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction, or sexual perversion.

(d) An adjudication of insanity, or treatment for serious mental or neurological disorder without satisfactory evidence of cure.

(e) Any facts which furnish reason to believe that the individual may be subjected to coercion, influence, or pressure which may cause him to act contrary to the best interests of the national security. Among matters which should be considered in this category would be the presence of a spouse, parent, brother, sister, or offspring in a nation, a satellite thereof, or an occupied area thereof, whose interests might be inimical to the United States.

(2) Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition.

(3) Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with an espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose interests may be inimical to the interests of the United States, or with any person 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. (4) Advocacy of use of force or violence to overthrow the Government of the United States, or of the alteration of the form of Government of the United States by unconstitutional

means.

(5) Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association,