|
| |
|
national security & security clearances
|
Our lawyers have experience with courts-martials
and court-martial appeals involving National Security/Espionage issues.
Our lawyers also are well versed in all aspects of getting, keeping, or
getting back security clearances for military and federal employees, as well as
contractors. You may also find the following links helpful:-
[Forms][PSI][Cases]
NOTES:
1. The Smith
Amendment. 10 U.S. Code §986, has been repealed and replaced by 50 U.S.
Code §435b.
2. You
must be presently employed in a position/job that requires a security
clearance before your employer and you can submit requests for a clearance.
3. It is
strongly recommended that you get legal advice before responding to a Statement
of Reasons or similar document which notifies you of a security clearance
denial.
4. It is
recommended that you get legal counsel if there are potential issues that could
come up or have come up with your SF86/EPSQ -- BEFORE you submit your
application.
Security Clearance News:
A continuing problem: It's
2004 and the continuing
massive backlog in security clearance investigations continues, and is keeping employers from
getting the staff they need, industry and government executives said.
URGENT NOTICE FOR
INDUSTRY --- EPSQ CHANGES
Active Duty, meeting with a
security clearance investigator? Got some current or past
misconduct in your life? What are your rights under UCMJ art. 31, 10 U.S.
Code § 831, when being "investigated?" Not
what you think perhaps -- read
United
States v. Payne, 47 M.J. 37 (C.A.A.F. 1997).
Been mis-using that 'ol
Government Travel Card? Look at the
Navy policy, in regard
to security clearance holders.
Have a conviction for which
you could have been sentenced to one year in jail? You need
to know about the "Smith
Amendment," for disqualifications based on
certain types of prior criminal conduct or mental health issues. Doesn't
matter if you already have a security clearance or how long you've had one.
|
Laws and Federal Regulations on
Intelligence
Presidential Directives and Executive
Orders
Director of Central Intelligence
(CIA)
Office of National Counterintelligence
Executive
Director of Central Intelligence
Directives
Personnel Security Standards
Psychological Questionnaire (PSSPQ)
Information Security Oversight Office
US Government Security Policy Documents
Regulations and
Policy
10 U.S. Code
§ 986 Smith Amendment
Processing Procedures for Cases Subject to 10 U.S. Code §986
OMB BULLETIN
NO. 02-03:
SUBJECT: Expedited Processing of National Security Clearances using the
Clearance Verification System
Official Intelligence
Documents
Department of
Defense
Army
Navy
Marine Corps
Money Memorandum
(Foreign Pref/Influ/Passport)
Navy Security Regulations, Memorandums,
and Issues.
Relevant Navy
documents.
MARADMIN 432/02, ACCESS TO NATIONAL SECURITY INFORMATION BY NON-U.S.
/CITIZENS OR INDIVIDUALS WHO CLAIM DUAL CITIZENSHIP
Air Force
Regulations/Policy on Security issues.
AFPD 31-4 Information Security
AFPD 31-5
Investigations, Clearances, and Access
AFI 31-401
Managing the Information Security Program
AFI
31-501
Personnel Security Program Management
AFH 31-502
Personnel Security Program
NSA
DIA
DoE
NASA
Industrial Security
NISPOM -
National Industrial Security Program Operating Manual - (January 1995)
NISPOM - Changes Pages
(Report No. 97-196, dated July 25, 1997).
|
Department of Defense Directives on Intelligence
DoD Office of
Hearings & Appeals
Defense Security Service
(DSS)
Personal Security Investigations
(DSS)
EO 12958 ;
EO 12968
EO 12972
Army Intelligence and Security Command
Office of Naval Intelligence
Defense Intelligence Agency
National Security Agency
National Intelligence Council
DoJ,
Office of Intel Policy & Review
Dept of
Treasury,
Office of Intel Support
Nat'l Recon Office
Nat'l
Imagery & Mapping Agency
Dept of State Bureau of Intel &
Research
President's Foreign Intel Advisory Bd.
Security Policy Bd.
U.S. Commission on National Security
House Permanent Select Committee on
Intelligence
Senate Select Committee on Intelligence
Foreign Intelligence Surveillance
Court
Personnel Security Investigations
General
discussion
Adjudicative Desk
Reference (ADR)
Personnel Security in the Department of Defense
Personnel Security Standards
Psychological Questionnaire (PSSPQ)
Employee
Polygraph Protection Act 29 USC 2001, et seq.
Employee Polygraph Protection Act 29 CFR 801
FBI
Security
Clearance Process for State and Local Law Enforcement
Department of Defense Polygraph Institute (DoDPI)
AntiPolygraph.org
And Polygraphs for
fishermen and golfers.
EPSQ Guidance
Judicial Review of Claims of
Discrimination in Security Clearance Determinations
Military Clearance
Facilities.
Army Central
Clearance Facility.
Dept of the Navy
Consolidated Adjudication Facility |
|
OMB Forms
|
DD Forms
-
DD Form 441:
Department of Defense Security Agreement.
-
DD Form 441-1:
Appendage to the Department of Defense Security Agreement.
|
|
Cases
Webster v. Doe, 486 U.S.
592 (1988)
http://laws.findlaw.com/us/486/592.html
Snepp v. United States,
444 U.S. 507 (1980)
Dubbs v. Central
Intelligence Agency, 866 F.2d 1114 (9th Cir. 01/25/1989).
Department of the Navy v. Egan, 484 U.S. 518
(1988), the Supreme Court's decision in n that case, the Court held that a
statute should not be interpreted to grant jurisdiction to review the
merits of a security clearance determination ''unless Congress
specifically has provided otherwise." You should know that there is
discussion within the relevant organizations about Congressional "reform"
to permit some limited judicial review where there is a claim of
discrimination based on the Constitution.
Rayburn F. Hesse v. Department of State,
No. 99-3387 (Fed. Cir., July 6, 2000). The Federal Circuit holds
that the Merit Systems Protection Board lacks jurisdiction to review an
agency's security clearance determination in cases where the employee
claims that the determination and actions resulting from it were in
reprisal for whistle-blowing. |
Miscellaneous.
Why They
Spy.
Federation of American
Scientists
World Intelligence and
Security Agencies
The National Security Archive
Retaliation via Security Clearances Process
Report of the Commission on
Protecting and Reducing Government Secrecy
|
|
tm