Copyright (c) 1998 National Administrative Law Judge Foundation
Journal of The National Association of Administrative Law Judges
ARTICLE: SECURITY CLEARANCE REVIEW: EMPLOYEES OF AMERICAN INDUSTRY
VIS-A-VIS CIVIL SERVANTS AND MILITARY MEMBERS
18 J. NAALJ 303
Robert Robinson Gales*
Purpose of the Monograph: 1
The purpose of this monograph is to provide the reader with an enhanced understanding of the nature and duties of the Trial Judiciary of the Defense Office of Hearings and Appeals ("DOHA"), under Executive Order 10,865, "Safeguarding Classified Information Within Industry," as amended, and implemented by Department of Defense Directive 5220.6, "Defense Industrial Personnel Security Clearance Review Program," dated January 2, 1992 ("the Directive"); as well as under Executive Order 12,968, "Access to Classified Information," as implemented by Department of Defense Regulation 5200.2-R, "Personnel Security Program," dated January 1987 ("the Regulation"), as amended by Change 3, dated November 8, 1995 ("Change 3 to the Regulation"). It is not intended to be a learned treatise, but rather a primer for attorneys who may have some current or anticipated future involvement in DOHA security clearance due process hearings for employees of industry, 2 and the new process personal appearances for public employees (civil service and military members) 3 under Executive Order 12,968.
Basis of Process for American Industry
Executive Order 10,865, 4 "Safeguarding Classified Information Within Industry," as amended, issued by President Eisenhower on February 20, 1960, directed the Secretary of Defense, among others, to prescribe regulations for the safeguarding of classified information within industry. It admonished that an authorization for access to such information may be given only upon a finding that it is clearly consistent with the national interest to do so. 5 Furthermore, the Executive Order prescribed ...
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