,,ii #aafth ,,congress #ast ,session ,s4 #hch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjai,mr4 ,warner 7for himself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to protect integrity1 fairness1 and objectivity in decisions regarding access to classified information1 and for other purposes4 #a4 ,exclusivity1 consistency1 and transparency in security clearance procedures and right to appeal 7a7 ,exclusivity of procedures ,section #hja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa7 is amended by adding at the end the following3 7c7 ,exclusivity ,except as provided in subsection 7b7 and subject to sections #hja;,a and #hja;,b1 the procedures established pursuant to subsection 7a7 shall be the exclusive procedures by which decisions about access to classified information are governed4 4 7b7 ,transparency ,such section is further amended by adding at the end the following3 7d7 ,publication 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this subsection1 the ,president shall publish in the ,federal ,register the procedures established pursuant to subsection 7a74 7#b7 ,updates ,whenever the ,president makes a revision to a procedure established pursuant to subsection 7a71 the ,president shall publish such revision in the ,federal ,register not later than #cj days before the date on which the revision becomes effective4 4 7c7 ,consistency 7#a7 ,in general ,title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq47 is amended by inserting after section #hja the following3 #hja;,a4 ,decisions relating to access to classified information 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#b7 ,classified ,information ,the term classified information includes sensitive compartmented information1 restricted data1 restricted handling information1 and other compartmented information4 7#c7 ,eligibility for access to classified information ,the term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section #hja7;a74 7b7 ,in general ,each head of an agency that makes a determination for eligibility for access to classified information shall ensure that in making the determination1 the head of the agency or any person acting on behalf of the agency-- 7#a7 does not violate any right or protection enshrined in the ,constitution of the ,united ,states1 including rights articulated in the ,first1 ,fifth1 and ,fourteenth ,amendments2 7#b7 does not discriminate for or against an individual on the basis of race1 color1 religion1 sex1 national origin1 age1 or handicap2 7#c7 is not carrying out retaliation for political activities or beliefs or a coercion or reprisal described in section #bcjb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#d7 does not violate section #cjja7;j77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;j77#a774 4 7#b7 ,clerical amendment ,the table of contents in the matter preceding section #b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjb7 is amended by inserting after the item relating to section #hja the following3 ,sec4 #hja;,a4 ,decisions relating to access to classified information4 4 7d7 ,right ,to appeal 7#a7 ,in general ,such title1 as amended by subsection 7c71 is further amended by inserting after section #hja;,a the following3 #hja;,b4 ,right to appeal 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#b7 ,covered person ,the term covered person means a person1 other than the ,president and ,vice ,president1 currently or formerly employed by1 detailed to1 assigned to1 or issued an authorized conditional offer of employment for a position that requires access to classified information by an agency1 including the following3 7,a7 ,a member of the ,armed ,forces4 7,b7 ,a civilian4 7,c7 ,an expert or consultant to an agency4 7,d7 ,counsel or other representative retained by a covered person4 7,e7 ,any other category of person who acts for or on behalf of an agency as determined by the head of the agency4 7#c7 ,eligibility for access to classified information ,the term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section #hja7;a74 7#d7 ,need for access ,the term need for access has such meaning as the ,president may define in the procedures established pursuant to section #hja7;a74 7#e7 ,security executive agent ,the term ,security ,executive ,agent means the ,director of ,national ,intelligence acting as the ,security ,executive ,agent in accordance with ,executive ,order #acdfg 7#gc ,fed4 ,reg4 #chajc2 #ej ,u4,s4,c4 #cafa note2 relating to reforming processes related to suitability for government employment1 fitness for contractor employees1 and eligibility for access to classified national security information71 or as otherwise defined in a subsequent provision of law4 7b7 ,agency review 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 each head of an agency shall1 consistent with the interest of national security1 establish and make publicly available a process by which a covered person to whom eligibility for access to classified information was denied or revoked by the agency can appeal that denial or revocation within the agency4 7#b7 ,elements ,the process required by paragraph 7#a7 shall include the following3 7,a7 ,in the case of a covered person to whom eligibility for access to classified information is denied or revoked by an agency1 the following3 7i7 ,the head of the agency shall provide the covered person with a written-- 7,i7 detailed explanation of the basis for the denial or revocation as the head of the agency determines is consistent with the interests of national security and as permitted by other applicable provisions of law2 and 7,,ii7 notice of the right of the covered person to a hearing and appeal under this subsection4 7ii7 ,not later than #cj days after receiving a request from the covered person for copies of the documents that formed the basis of the agency's decision to revoke or deny1 including the investigative file1 the head of an agency shall provide to the covered person copies of such documents as-- 7,i7 the head of the agency determines is consistent with the interests of national security2 and 7,,ii7 permitted by other applicable provisions of law1 including-- 7aa7 section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 7bb7 section #eeb;a of such title 7commonly known as the ,privacy ,act of #aigd72 and 7cc7 such other provisions of law relating to the protection of confidential sources and privacy of individuals4 7iii7 7,i7 ,the covered person shall have the opportunity to retain counsel or other representation at the covered person's expense4 7,,ii7 ,upon the request of the covered person1 and a showing that the ability to review classified information is essential to the resolution of an appeal under this subsection1 counsel or other representation retained under this clause shall be considered for access to classified information for the limited purposes of such appeal4 7iv7 7,i7 ,the head of the agency shall provide the covered person an opportunity1 at a point in the process determined by the agency head-- 7aa7 to appear personally before an adjudicative or other authority1 other than the investigating entity1 and to present to such authority relevant documents1 materials1 and information1 including evidence that past problems relating to the denial or revocation have been overcome or sufficiently mitigated2 and 7bb7 to call and cross-examine witnesses before such authority1 unless the head of the agency determines that calling and cross-examining witnesses is not consistent with the interests of national security4 7,,ii7 ,the head of the agency shall make1 as part of the security record of the covered person1 a written summary1 transcript1 or recording of any appearance under item 7aa7 of subclause 7,i7 or calling or cross-examining of witnesses under item 7bb7 of such subclause4 7v7 ,on or before the date that is #cj days after the date on which the covered person receives copies of documents under clause 7ii71 the covered person may request a hearing of the decision to deny or revoke by filing a written appeal with the head of the agency4 7,b7 ,a requirement that each review of a decision under this subsection is completed on average not later than #ahj days after the date on which a hearing is requested under subparagraph 7,a77v74 7#c7 ,agency review panels 7,a7 ,in general ,each head of an agency shall establish an independent panel to hear and review appeals under this subsection4 7,b7 ,membership 7i7 ,composition ,each independent panel established by the head of an agency under subparagraph 7,a7 shall be composed of at least three employees of the agency selected by the head1 two of whom shall not be members of the security field4 7ii7 ,terms ,a term of service on an independent panel established by the head of an agency under subparagraph 7,a7 shall not exceed #b years4 7,c7 ,decisions 7i7 ,written ,each decision of a panel established under subparagraph 7,a7 shall be in writing and contain a justification of the decision4 7ii7 ,consistency ,each head of an agency that establishes a panel under subparagraph 7,a7 shall ensure that each decision of the panel is consistent with the interests of national security and applicable provisions of law4 7iii7 ,finality ,each decision of a panel established under subparagraph 7,a7 shall be final but subject to appeal and review under subsection 7c74 7,d7 ,access to classified information ,the head of an agency that establishes a panel under subparagraph 7,a7 shall afford access to classified information to the members of the panel as the head determines-- 7i7 necessary for the panel to hear and review an appeal under this subsection2 and 7ii7 consistent with the interests of national security4 7#d7 ,corrective action 7,a7 ,in general ,if1 in the course of proceedings under this subsection1 the head of an agency or a panel established by the head under paragraph 7#c7 decides that a covered person's eligibility for access to classified information was improperly denied or revoked by the agency1 the agency shall take corrective action to return the covered person1 as nearly as practicable and reasonable1 to the position such covered person would have held had the improper denial or revocation not occurred4 7,b7 ,compensation ,corrective action under subparagraph 7,a7 may include compensation1 in an amount not to exceed #cjj1jjj1 for any loss of wages or benefits suffered1 or expenses otherwise incurred1 by reason of such improper denial or revocation4 7#e7 ,publication of decisions 7,a7 ,in general ,each head of an agency shall publish each final decision on an appeal under this subsection4 7,b7 ,requirements ,in order to ensure transparency1 oversight by ,congress1 and meaningful information for those who need to understand how the clearance process works1 each publication under subparagraph 7,a7 shall be-- 7i7 made in a manner that is consistent with section #eeb of title #e1 ,united ,states ,code1 as amended by the ,electronic ,freedom of ,information ,act ,amendments of #aiif 7,public ,law #ajd-bca72 7ii7 published to explain the facts of the case1 redacting as appropriate personal identifiable information or sensitive program information2 and 7iii7 made available on a website that is searchable by members of the public4 7#f7 ,publication of processes ,each head of an agency shall publish in the ,federal ,register the process established by the head pursuant to paragraph 7#a74 7c7 ,higher level review 7#a7 ,panel 7,a7 ,establishment ,not later than #ahj days after the date of the enactment of this section1 the ,security ,executive ,agent shall establish a panel to review decisions made on appeals pursuant to the processes established under subsection 7b74 7,b7 ,scope of review and jurisdiction ,the panel established under subparagraph 7,a7 shall review such decisions only-- 7i7 as they relate to violations of section #hja;,a7b72 or 7ii7 to the extent to which an agency properly conducted a review of an appeal under subsection 7b74 7,c7 ,composition ,the panel established pursuant to subparagraph 7,a7 shall be composed of three individuals selected by the ,security ,executive ,agent for purposes of the panel1 of whom at least one shall be an attorney4 7#b7 ,appeals and timeliness 7,a7 ,appeals 7i7 ,initiation ,on or before the date that is #cj days after the date on which a covered person receives a written decision on an appeal under subsection 7b71 the covered person may initiate oversight of that decision by filing a written appeal with the ,security ,executive ,agent4 7ii7 ,filing ,a written appeal filed under clause 7i7 relating to a decision of an agency shall be filed in such form1 in such manner1 and containing such information as the ,security ,executive ,agent may require1 including-- 7,i7 a description of-- 7aa7 any alleged violations of section #hja;,a7b7 relating to the denial or revocation of the covered person's eligibility for access to classified information2 and 7bb7 any allegations of how the decision may have been the result of the agency failing to properly conduct a review under subsection 7b72 and 7,,ii7 supporting materials and information for the allegations described under subclause 7,i74 7,b7 ,timeliness ,the ,security ,executive ,agent shall ensure that1 on average1 review of each appeal filed under this subsection is completed not later than #ahj days after the date on which the appeal is filed4 7#c7 ,decisions and remands 7,a7 ,in general ,if1 in the course of reviewing under this subsection a decision of an agency under subsection 7b71 the panel established under paragraph 7#a7 decides that there is sufficient evidence of a violation of section #hja;,a7b7 to merit a new hearing or decides that the decision of the agency was the result of an improperly conducted review under subsection 7b71 the panel shall vacate the decision made under subsection 7b7 and remand to the agency by which the covered person shall be eligible for a new appeal under subsection 7b74 7,b7 ,written decisions ,each decision of the panel established under paragraph 7#a7 shall be in writing and contain a justification of the decision4 7,c7 ,consistency ,the panel under paragraph 7#a7 shall ensure that each decision of the panel is consistent with the interests of national security and applicable provisions of law4 7,d7 ,finality 7i7 ,in general ,except as provided in clause 7ii71 each decision of the panel established under paragraph 7#a7 shall be final4 7ii7 ,overturn ,the ,security ,executive ,agent may overturn a decision of the panel if1 not later than #cj days after the date on which the panel issues the decision1 the ,security ,executive ,agent personally exercises the authority granted by this clause to overturn such decision4 7,e7 ,nature of remands ,in remanding a decision under subparagraph 7,a71 the panel established under paragraph 7#a7 may not direct an outcome of any further appeal under subsection 7b74 7,f7 ,notice of decisions ,for each decision of the panel established under paragraph 7#a7 regarding a covered person1 the ,security ,executive ,agent shall provide the covered person with a written notice of the decision that includes a detailed description of the reasons for the decision1 consistent with the interests of national security and applicable provisions of law4 7#d7 ,representation by counsel 7,a7 ,in general ,the ,security ,executive ,agent shall ensure that1 under this subsection1 a covered person appealing a decision under subsection 7b7 has an opportunity to retain counsel or other representation at the covered person's expense4 7,b7 ,access to classified information 7i7 ,in general ,upon the request of the covered person1 and a showing that the ability to review classified information is essential to the resolution of an appeal under this subsection1 the ,security ,executive ,agent shall ensure the counsel or other representation retained under this paragraph is considered for access to classified information for the limited purposes of such appeal4 7ii7 ,extent of access ,counsel or another representative who is cleared for access under this subparagraph may be afforded access to relevant classified materials to the extent consistent with the interests of national security4 7iii7 ,wrongful denial of access ,wrongful denial of access of relevant materials to a counsel or other representative who is cleared for access under this subparagraph shall be reviewed1 and remedied where necessary1 by the panel established under paragraph 7#a74 7#e7 ,access to documents and employees 7,a7 ,affording access to members of panel ,the ,security ,executive ,agent shall afford access to classified information to the members of the panel established under paragraph 7#a77;,a7 as the ,security ,executive ,agent determines-- 7i7 necessary for the panel to review a decision described in such paragraph2 and 7ii7 consistent with the interests of national security4 7,b7 ,agency compliance with requests of panel ,each head of an agency shall comply with each request by the panel for a document and each request by the panel for access to employees of the agency necessary for the review of an appeal under this subsection1 to the degree that doing so is1 as determined by the head of the agency and permitted by applicable provisions of law1 consistent with the interests of national security4 7#f7 ,publication of decisions 7,a7 ,in general ,for each final decision on an appeal under this subsection1 the head of the agency with respect to which the appeal pertains and the ,security ,executive ,agency shall each publish the decision4 7,b7 ,requirements ,in order to ensure transparency1 oversight by ,congress1 and meaningful information for those who need to understand how the clearance process works1 each publication under subparagraph 7,a7 shall be-- 7i7 made in a manner that is consistent with section #eeb of title #e1 ,united ,states ,code2 7ii7 published in an appropriately redacted form1 the facts of the appeal2 and 7iii7 made available on a website that is searchable by members of the public4 7d7 ,period of time for the right ,to appeal 7#a7 ,in general ,except as provided in paragraph 7#b71 any covered person who has been the subject of a decision made by the head of an agency to deny or revoke eligibility for access to classified information shall retain all rights to appeal under this section until the conclusion of the appeal process under this section4 7#b7 ,waiver of rights 7,a7 ,persons ,any covered person may voluntarily waive the covered person's right to appeal under this section and such waiver shall be conclusive4 7,b7 ,agencies ,the head of an agency may not require a covered person to waive the covered person's right to appeal under this section for any reason4 7e7 ,relationship to suitability ,no person may use a determination of suitability under part #gca of title #e1 ,code of ,federal ,regulations1 or successor regulation1 for the purpose of denying a covered person the review proceedings of this section where there has been a denial or revocation of eligibility for access to classified information4 7f7 ,preservation of roles and responsibilities under ,executive ,order #ajhfe and of the ,defense ,office of ,hearings and ,appeals ,nothing in this section shall be construed to diminish or otherwise affect the procedures in effect on the day before the date of the enactment of this ,act for denial and revocation procedures provided to individuals by ,executive ,order #ajhfe 7#ej ,u4,s4,c4 #cafa note2 relating to safeguarding classified information within industry71 or successor order1 including those administered through the ,defense ,office of ,hearings and ,appeals of the ,department of ,defense under ,department of ,defense ,directive #ebbj4f1 or successor directive4 4 7#b7 ,clerical amendment ,the table of contents in the matter preceding section #b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjb71 as amended by subsection 7c71 is further amended by inserting after the item relating to section #hja;,a the following3 ,sec4 #hja;,b4 ,right to appeal4 4