By Melissa L. Watkins, Esq., www.berrylegal.com On November 23, 2022, the Office of Personnel Management (OPM), announced in the Federal Register major proposed changes to the current landscape of forms utilized to establish trustworthiness of federal employees in positions of trust or requiring access to classified information. OPM’s proposed changes would result in the adoption of a new form, referred to as the Personnel Vetting Questionnaire (PVQ), which would consolidate and replace the current forms used in this process: the SF-85, SF-85P, and SF-86. The PVQ will exist as a single documen ..read more

By John V. Berry, Esq., www.berrylegal.com  Typically, a very private subject, sexual behavior issues, can become a very big issue in security clearance cases for government contractors and federal employees. This article discusses the issue of Guideline D, Sexual Behavior, which involves security concerns associated with sexual behavior which can lead one to lose (or not obtain) a security clearance. Sexual behavior concerns can come up in many different ways in the context of a security clearance. It is a very sensitive subject for many individuals and we do our best in our law fir ..read more

By John V. Berry, Esq., http://www.berrylegal.com The Director of National Intelligence (DNI) recently issued new guidance for federal agencies and security clearance holders on marijuana and cannabidiol (CBD) usage, in addition to investments in marijuana businesses. The guidance arguably clarifies some aspects of these issues, but it also raises new questions about the use of CBD for security clearance holders. Personal use of these substances and investments in marijuana businesses are already murky issues for security clearance decisions because of the increasing number of states wher ..read more

By John V. Berry, Esq., www.berrylegal.com We often meet with civilian federal employees, military personnel and government contractors nationwide facing potential or actual security clearance issues. Many of the potential clients we meet with ask us what security clearance lawyers do and why they may need to hire one. Many individuals also ask what the appropriate time is in which to hire one. The usual answer we give is that it is best to do so very early in the process. We feel that the earlier in the process a person obtains legal advice about their security clearance concerns, if potentia ..read more

By John V. Berry, Esq., www.berrylegal.com One major question in our security clearance practice over the past year and a half has been whether or not the security clearance hearing process is going to move online permanently and what form it will take as we move to a post-COVID world. The clearance hearing process or personal appearance (depending on the federal agency involved) is typically the most important stage of an unresolved security clearance case where an individual is allowed to present their case in person with counsel if they choose. Depending on the federal agency, the cle ..read more

By John V. Berry, Esq., http://www.berrylegal.com Security clearance holders who occupy and who hold access to classified information are expected to self-report changes or incidents that may impact their security clearances to security officials. Security Executive Agent Directive (SEAD) 4 is a good guide for clearance holders to determine whether a new incident or development triggers a duty to self-report. While self-reporting is mandatory, it is sometimes hard to determine what exactly needs to be reported and what does not. Usually, it is much better to be proactive in disclosing reportab ..read more

By John V. Berry, Esq., www.berrylegal.com Foreign Influence concerns can become a major issue in security clearance cases for government contractors, military members and federal employees. Unresolved issues involving Foreign Influence is one of the most common grounds for denial of a security clearance. When a foreign influence security concern arises in the context of applying for or attempting to retain a security clearance it is very important for the individual to seek legal advice and potential legal representation in order to enable the person the best chance to maintain or obtain ..read more

By John V. Berry, www.berrylegal.com   White House appointees have unique security clearance issues. This article discusses some of the issues that affect this unique class of individuals. We have represented individuals in the White House in the security clearance process previously and the process can vary depending on the type of employee at issue. This article discusses the security clearance process for White House appointees for new positions in the White House and in positions which fall under White House jurisdiction (e.g. Council of Economic Advisors, Council on Environmenta ..read more

By John V. Berry, Esq., www.berrylegal.com Our law firm represents federal employees, military personnel and government contractors who have issues with respect to foreign influence issues in connection with their security clearance. This article discusses the issues that many individuals have with respect to any number of issues that can come up in connection with their security clearance and ties to a foreign country. As you might imagine, foreign influence concerns have always been a major security concern because there are potential risks when a clearance holder or applicant’s family ..read more

By John V. Berry, Esq., www.berrylegal.com We represent individual government contractors in suspension and debarment cases before federal agencies, like the Department of Defense and many others. What are Debarments and Suspensions? Suspensions and debarments are government actions taken under the Federal Acquisition Regulation (FAR) in order to protect the government’s interest from irresponsible contractors. Suspensions are shorter-term and result in temporary contractor ineligibility usually occurring during an investigation or other ongoing legal matters. Debarments are a finding of ineli ..read more