Security Clearance Representation Nationwide
Welcome to the law firm of Berry and Berry, PLLC in the Metropolitan, Washington D.C. area. We specialize in the nationwide legal representation of individuals in security clearance matters. We have represented thousands of clients across the country in their security clearance matters for over 25 years. Our goal is to work hard for our clients in attempting to help them keep or obtain their security clearances. Our firm represents security clearance holders or applicants in different areas of the country, or even internationally, to defend them. We represent security clearance applicants at all levels, including Secret, Top Secret, Sensitive Compartmented Information (SCI), Special Access Programs (SAP), Yankee White and others. We also defend these individuals in suitability or public trust appeals which are slightly different but involve many of the same principles.
Security Clearance Assistance Available
We provide legal advice and representation to federal employees, military personnel and government contractors regarding their security clearances. We represent clearance applicants and holders at all steps of the security clearance process, from legal advice prior to completing their initial clearance questionnaires (SF-86) to the final steps of the security clearance appeals process. Our lawyers represent clearance holders and applicants before all federal agencies. We also specialize in representing security clearance clients before Intelligence Community agencies. Our goal is to represent individuals vigorously before security clearance authorities. At the same time, we understand that many security clearance cases involve sensitive issues. Discussions with attorneys in the firm are privileged and confidential.
Additionally, we realize that security clearance issues can happen to anyone and treat our clients with respect no matter what the issues involve. Given the changes in technology, it is easier than ever, to represent individuals nationwide. In the past, we might have had to fly to a location across the country to represent an individual in a security clearance hearing, the Government has incorporated Microsoft Teams and Zoom for many security clearance proceedings. This has made it easier than ever to represent clients no matter where they live and work.
Types of Nationwide Security Clearance Defense Available
There are many different types of issues where we can represent security clearance clients nationwide. Some of the areas where our security clearance attorneys assist individuals include:
- Pre-application Guidance (SF-86 or electronic forms);
- Investigative Interview Guidance;
- Polygraph Considerations;
- Responses to Security Clearance Interrogatories;
- Responses to Statement of Reasons or Notices of Intent to Revoke;
- Representation in Security Clearance Written Responses; and
- Representation in Security Clearance Personal Appearances before Administrative Judges and Adjudicators.
Security Clearance Background of Firm
Our lawyers are extremely experienced in security clearance law. The law firm’s founder, John V. Berry, Esq. teaches other attorneys about the security clearance process through lawyer continuing legal education courses in multiple states. Our firm has multiple attorneys who are very experienced in representing individuals in security clearance matters. We are also members of the Security Clearance Lawyers Association. You can also visit our security clearance blog where we cover and review legal issues for clearance holders and applicants. Furthermore, please review our website resources for helpful information about the security clearance process.
Contact Us
Our security clearance lawyers represent individuals throughout the United States. We would be happy to meet and try to assist you with your security clearance matter. Please contact Berry & Berry, PLLC to schedule a consultation with a security clearance attorney. You should feel free to contact us at (703) 668-0070 or through our contact page should you wish to schedule a time to discuss your individual security clearance issues. We would be honored to go over your security clearance issues and attempt to find a solution for you.
Representing NSA Employees and Federal Contractors in NSA Security Clearance Appeals
Our security clearance lawyers represent government contractors before the National Security Agency (NSA) in security clearance matters. As those seeking cleared positions know, the NSA is an intelligence agency with its own unique security clearance process through Executive Order 12968 and Security Executive Agent Directive 4 (SEAD 4). SEAD 4 governs the general security clearance process for federal agencies. There are different procedures for security clearance appeals for every agency. Below, we discuss the appeals process for government contractors at the NSA for security clearance and Sensitive Compartmented Information (SCI) access denials or revocations.
The Security Clearance Process at the NSA
As mentioned above, the security clearance appeals process at the NSA is similar to the process used by other federal agencies. However, the NSA security clearance process has its own unique features. The NSA clearance procedure for federal employees and government contractors with security issues usually follows the process listed below.
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NSA Issues a Clearance Decision Statement
When an individual has a security clearance or SCI access denial or revocation from the NSA (referred to as the Clearance Decision Statement), it will list the security concerns at issue. The Clearance Decision Statement will give the contractor 45 days from receipt of the letter to respond to the alleged security concerns. This is a pretty strict deadline. With the Clearance Decision Statement, the NSA will also send a copy of the Investigative File, which provides various information about the denial. The Investigative File will usually include various documents often including the clearance investigation, related documents, reports, interviews, polygraph records or other items relevant to the NSA’s security concerns.
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Contractor Response to the NSA Clearance Decision Statement
In most cases, if the individual elects to reply to the Clearance Decision Statement they will need to respond to the NSA’s security concerns in a written submission. A thorough response must be prepared to address all of the security issues. It is critical to also provide exhibits, such as relevant evidence, declarations, character letters, declarations, affidavits, and other documentation related to the NSA’s security concerns or the character of the individual. Our security clearance lawyers typically represent individuals starting with this first step. The submission can often involve submitting a 10-15 page response, plus exhibits. As a result it is important to consult with an attorney that is familiar with the NSA security clearance process.
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First Level Clearance Decision Issued by the NSA
Once the response to the Clearance Decision Statement is received by the NSA, the NSA Office of Personnel Security will review the response. They will then issue a decision as to whether or not the security concerns against the individual should be dismissed or mitigated. If so, the matter is then resolved and the clearance or SCI is restored. If not, the individual will be provided a decision briefly citing the reasons why the appeal was denied and informing the individual of their right to a final appeal before the NSA Access Appeals Panel (AAP). There is then a very short period of time (usually 15 days) in which to either request a hearing with the AAP or otherwise simply submit a secondary written appeal. Again, these timelines are critical.
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Personal Appearance with the NSA Access Appeals Panel
If the individual has elected to present an in-person response (which is recommended), the next step is a meeting with the AAP. Any additional supporting documents must usually be submitted no later than 14 days prior to the AAP hearing. The AAP hearing is an in-person presentation. During this hearing before the AAP, counsel and the individual will present their case asking for a reversal of the negative security clearance or SCI determination. The panel normally has 5-7 people present (panel members and an NSA attorney/advisor) and typically asks several questions during the presentation so it is important to be prepared. We recommend legal counsel during this process to ensure adequate preparation for the AAP hearing. The presentations are usually conducted at the NSA and in person.
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The NSA Access Appeals Panel Final Decision
Following the personal appearance hearing before the AAP, they will issue a decision, typically within 1-3 weeks. This makes the NSA unique among most of the intelligence community given how quickly they issue decisions. They will either grant or deny the clearance appeal. In a few cases, the AAP can seek additional information or ask for an additional response from the individual. If the AAP issues a final denial, the individual may re-apply for a security clearance or access a year later. The relatively quick clearance review process at the NSA is unique among intelligence agencies where the security clearance process can often take much longer.
6. Other Considerations.
If an adverse clearance decision is reached by the AAP it is important to plan for the reapplication process with the NSA and also to determine any impact that a final AAP clearance denial might have on other security clearances held by the contractor. Separate security clearances may require representation before other agencies. For example, a negative NSA decision could affect an individual with a Department of Defense security clearance. In those types of circumstances, it is critical to respond to the NSA Clearance Decision Statement.
Contact Us
When a government contractor is facing security clearance issues at the NSA it is important to obtain legal advice and representation from an experienced security clearance lawyer. Our law firm advises government contractors in the security clearance process before the NSA. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.
