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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 DoD contractors.

NEWS:

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).

Have a conviction for which you have been sentenced to one year in jail?   You need to know about the 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.  Note that the Bond Amendment, not the Smith Amendment, is now the current rule on security clearances for people who have drug involvement, convictions, and dishonorable discharges.  Note that persons denied a clearance because of the "Smith Amendment" may reapply for a clearance if they would not be barred under the "Bond Amendment," and their employee wants you in a cleared position.


Here are a number of resources.

Laws and Federal Regulations on Intelligence

Presidential Directives and Executive Orders

Director of Central Intelligence (CIA)

DCI Directive 6/4, Personnel Security Standards and Procedures Governing Eligibility for Access to SCI

Director of Central Intelligence Directives

Regulations and Policy

Money Memorandum (Foreign Pref/Influ/Passport)

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.

DoD Office of Hearings & Appeals

DoD Directive 5220.6 containing the Revised Adjudicative Guidelines effective for any case with the SOR dated on or after September 1, 2006

Office of Naval Intelligence

Defense Intelligence Agency

National Security Agency

National Intelligence Council

DoJ, Office of Intel Policy & Review

Nat'l Recon Office

Nat'l Imagery & Mapping Agency

Dept of State Bureau of Intel & Research

House Permanent Select Committee on Intelligence

Senate Select Committee on Intelligence

 

Personnel Security Investigations

General discussion

Adjudicative Desk Reference (ADR)

Employee Polygraph Protection Act 29 USC 2001, et seq.

Employee Polygraph Protection Act 29 CFR 801

Judicial Review of Claims of Discrimination in Security Clearance Determinations

            Contact us at mljucmj@gmail.com, 703-298-9562, Toll Free (866)-404-6116

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