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

USA119th CongressS-1959| Senate 
| Updated: 6/5/2025
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 aims to enhance the integrity, fairness, and objectivity of decisions concerning access to classified information by amending the National Security Act of 1947. It mandates that procedures for granting or denying classified access be exclusive , meaning they are the sole governing rules, and requires the President to publish these procedures in the Federal Register, along with any updates, to ensure transparency. The legislation introduces new provisions to ensure consistency in these decisions, explicitly prohibiting agencies from violating constitutional rights, including those under the First, Fifth, and Fourteenth Amendments. Agencies are also forbidden from discriminating based on race, color, religion, sex, national origin, age, or handicap, or from retaliating for political activities or beliefs when making eligibility determinations. A significant provision establishes a comprehensive right to appeal for individuals whose eligibility for classified information access is denied or revoked. This agency-level appeal process requires a detailed written explanation for the decision, access to supporting documents, and the opportunity for the covered person to retain counsel. It also mandates an opportunity to appear before an adjudicative authority, present evidence, and potentially call or cross-examine witnesses. Each agency must establish an independent panel to hear these appeals, composed of at least three employees, with a majority from outside the security field. Decisions by these panels must be in writing, justified, and consistent with national security interests. If an improper denial or revocation is found, the agency must take corrective action , which may include compensation up to $300,000 for lost wages or expenses. Beyond the agency level, the bill establishes a higher-level review panel under the Security Executive Agent to review agency appeal decisions. This panel focuses on potential violations of non-discrimination clauses or improperly conducted agency reviews, with its decisions being final unless personally overturned by the Security Executive Agent. Both agency and higher-level review decisions, along with the established processes, must be published on a searchable website, appropriately redacted, to ensure transparency and congressional oversight. The bill protects an individual's right to appeal throughout the process and explicitly states that agencies cannot require a covered person to waive their appeal rights. Furthermore, it clarifies that existing denial and revocation procedures under Executive Order 10865, including those administered by the Defense Office of Hearings and Appeals (DOHA), are preserved and not diminished by these new provisions.
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Timeline

Bill from Previous Congress

S 116-838
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Jun 5, 2025
Introduced in Senate
Jun 5, 2025
Read twice and referred to the Select Committee on Intelligence.
  • Bill from Previous Congress

    S 116-838
    A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.


  • June 5, 2025
    Introduced in Senate


  • June 5, 2025
    Read twice and referred to the Select Committee on Intelligence.

Armed Forces and National Security

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

USA119th CongressS-1959| Senate 
| Updated: 6/5/2025
This bill aims to enhance the integrity, fairness, and objectivity of decisions concerning access to classified information by amending the National Security Act of 1947. It mandates that procedures for granting or denying classified access be exclusive , meaning they are the sole governing rules, and requires the President to publish these procedures in the Federal Register, along with any updates, to ensure transparency. The legislation introduces new provisions to ensure consistency in these decisions, explicitly prohibiting agencies from violating constitutional rights, including those under the First, Fifth, and Fourteenth Amendments. Agencies are also forbidden from discriminating based on race, color, religion, sex, national origin, age, or handicap, or from retaliating for political activities or beliefs when making eligibility determinations. A significant provision establishes a comprehensive right to appeal for individuals whose eligibility for classified information access is denied or revoked. This agency-level appeal process requires a detailed written explanation for the decision, access to supporting documents, and the opportunity for the covered person to retain counsel. It also mandates an opportunity to appear before an adjudicative authority, present evidence, and potentially call or cross-examine witnesses. Each agency must establish an independent panel to hear these appeals, composed of at least three employees, with a majority from outside the security field. Decisions by these panels must be in writing, justified, and consistent with national security interests. If an improper denial or revocation is found, the agency must take corrective action , which may include compensation up to $300,000 for lost wages or expenses. Beyond the agency level, the bill establishes a higher-level review panel under the Security Executive Agent to review agency appeal decisions. This panel focuses on potential violations of non-discrimination clauses or improperly conducted agency reviews, with its decisions being final unless personally overturned by the Security Executive Agent. Both agency and higher-level review decisions, along with the established processes, must be published on a searchable website, appropriately redacted, to ensure transparency and congressional oversight. The bill protects an individual's right to appeal throughout the process and explicitly states that agencies cannot require a covered person to waive their appeal rights. Furthermore, it clarifies that existing denial and revocation procedures under Executive Order 10865, including those administered by the Defense Office of Hearings and Appeals (DOHA), are preserved and not diminished by these new provisions.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-838
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Jun 5, 2025
Introduced in Senate
Jun 5, 2025
Read twice and referred to the Select Committee on Intelligence.
  • Bill from Previous Congress

    S 116-838
    A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.


  • June 5, 2025
    Introduced in Senate


  • June 5, 2025
    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

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted