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A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.

USA116th CongressS-838| Senate 
| Updated: 3/14/2019
Mark R. Warner

Mark R. Warner

Democratic Senator

Virginia

Cosponsors (1)
Susan M. Collins (Republican)

Intelligence (Select) Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill directs each executive agency to establish an appeals process for persons whose eligibility for access to classified information has been denied or revoked. Each agency shall establish an independent panel to hear such appeals, and the Office of the Director of National Intelligence (ODNI) shall establish a panel to review agency appeal decisions. To a person whose access to classified information has been denied or revoked, the relevant agency shall provide a written explanation of the basis of the decision. The agency shall provide such a person a copy of the documents that formed the basis of the decision upon request. The bill establishes various requirements for agency appeals, including (1) an opportunity for the person to be represented by counsel at the person's own expense; (2) the ability to review classified information that is essential to the case; and (3) the opportunity to provide evidence, including calling and cross-examining witnesses. The agency panel may take various corrective actions, including compensation for lost wages or benefits due to an improper denial or revocation of access to classified information. The review panel shall explain its decisions in writing, and the decision shall be publicly available. Such agency appeal decisions may be appealed to the review panel established by the ODNI, which may vacate and remand incorrect decisions back to the agency panel. The Director of National Intelligence may overturn an ODNI panel decision. Decisions by the director or by the ODNI panel shall be explained in writing and be publicly available.
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Timeline
Mar 14, 2019
Introduced in Senate
Mar 14, 2019
Read twice and referred to the Select Committee on Intelligence.
  • March 14, 2019
    Introduced in Senate


  • March 14, 2019
    Read twice and referred to the Select Committee on Intelligence.

Armed Forces and National Security

Related Bills

  • S 116-3905: Intelligence Authorization Act for Fiscal Year 2021
  • S 116-1589: Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
Administrative law and regulatory proceduresAdministrative remediesExecutive agency funding and structureFreedom of informationGovernment employee pay, benefits, personnel managementGovernment information and archivesIntelligence activities, surveillance, classified informationLawyers and legal servicesRight of privacy

A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.

USA116th CongressS-838| Senate 
| Updated: 3/14/2019
This bill directs each executive agency to establish an appeals process for persons whose eligibility for access to classified information has been denied or revoked. Each agency shall establish an independent panel to hear such appeals, and the Office of the Director of National Intelligence (ODNI) shall establish a panel to review agency appeal decisions. To a person whose access to classified information has been denied or revoked, the relevant agency shall provide a written explanation of the basis of the decision. The agency shall provide such a person a copy of the documents that formed the basis of the decision upon request. The bill establishes various requirements for agency appeals, including (1) an opportunity for the person to be represented by counsel at the person's own expense; (2) the ability to review classified information that is essential to the case; and (3) the opportunity to provide evidence, including calling and cross-examining witnesses. The agency panel may take various corrective actions, including compensation for lost wages or benefits due to an improper denial or revocation of access to classified information. The review panel shall explain its decisions in writing, and the decision shall be publicly available. Such agency appeal decisions may be appealed to the review panel established by the ODNI, which may vacate and remand incorrect decisions back to the agency panel. The Director of National Intelligence may overturn an ODNI panel decision. Decisions by the director or by the ODNI panel shall be explained in writing and be publicly available.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 14, 2019
Introduced in Senate
Mar 14, 2019
Read twice and referred to the Select Committee on Intelligence.
  • March 14, 2019
    Introduced in Senate


  • March 14, 2019
    Read twice and referred to the Select Committee on Intelligence.
Mark R. Warner

Mark R. Warner

Democratic Senator

Virginia

Cosponsors (1)
Susan M. Collins (Republican)

Intelligence (Select) Committee

Armed Forces and National Security

Related Bills

  • S 116-3905: Intelligence Authorization Act for Fiscal Year 2021
  • S 116-1589: Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAdministrative remediesExecutive agency funding and structureFreedom of informationGovernment employee pay, benefits, personnel managementGovernment information and archivesIntelligence activities, surveillance, classified informationLawyers and legal servicesRight of privacy