Bill · S. 1959· Senate(119-S-1959)
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
- Introduced
- 6/5/2025
- Last activity
- 6/5/2025 — Read twice and referred to the Select Committee on Intelligence.
- Sponsored by
- Mark Warner
- Cosponsors
- - 0 - 1
- Introduced
- In Committee
What this bill would do
This bill aims to protect integrity, fairness, and objectivity in decisions regarding access to classified information. It establishes exclusive procedures for these decisions and requires the President to publish them in the Federal Register. The legislation mandates that agency heads ensure decisions do not violate constitutional rights, discriminate based on protected characteristics, or involve political retaliation. It also creates a formal right to appeal for individuals whose access to classified information is denied or revoked. This includes the establishment of independent agency review panels and a higher-level review process managed by the Security Executive Agent.
Yes· 3 of 5
Does this protect the right to fair treatment by the courts?+8
The bill establishes formal appeal processes and independent review panels for security clearance decisions.
Does this make what the government does easier for the public to see?+7
The bill mandates the publication of security clearance procedures and appeal decisions to increase transparency.
Does this narrow racial gaps in how people are treated?+5
The bill prohibits discrimination in security clearance decisions based on race or national origin.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Protection of Constitutional and Civil Rights: Agency heads are required to ensure that decisions regarding access to classified information do not violate rights in the First, Fifth, and Fourteenth Amendments, nor discriminate based on race, color, religion, sex, national origin, age, or handicap (Section 801A(b)).
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Prevention of Retaliation: The bill prohibits using security clearance decisions as a form of retaliation for political activities or beliefs (Section 801A(b)(3)).
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Right to an Appeal Process: Individuals facing a denial or revocation of access can utilize a formal appeal process, which includes the ability to appear personally before an authority and present evidence (Section 801B(b)(1)).
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Access to Representation: Covered persons have the right to retain counsel or other representation to assist with their appeal (Section 801B(b)(1)(A)(iii)).
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Access to Information for Counsel: If essential to an appeal, a person's legal representation can be considered for access to classified information to resolve the matter (Section 801B(b)(1)(A)(iii) and Section 801B(c)(4)(B)).
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Financial Redress for Improper Decisions: If an agency or panel determines that eligibility was improperly denied or revoked, the agency must take corrective action, which can include compensation of up to $300,000 for lost wages, benefits, or expenses (Section 801B(b)(4)(B)).
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Transparency and Oversight: The bill requires agencies to publish final appeal decisions on a searchable website to provide meaningful information and ensure oversight (Section 801B(b)(5)(B)).
Potential Negative Impacts for People
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Cost of Representation: While individuals have the right to retain counsel or other representation, this must be done at the covered person's own expense (Section 801B(b)(1)(A)(iii) and Section 801B(c)(4)).
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Limits on Document Access: The provision of documents to a covered person is subject to the agency head's determination of what is consistent with the interests of national security (Section 801B(b)(1)(A)(ii)).
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Restrictions on Witness Examination: An agency head may determine that the ability to call and cross-examine witnesses is not consistent with the interests of national security (Section 801B(b)(1)(A)(iv)(bb)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Due Process+8Improves Government Transparency+7
- Social Issues And Justice
- Improves Disability Rights+5Improves Gender Equality+5Improves Racial Equity+5
- 6/5/2025
- Read twice and referred to the Select Committee on Intelligence.
- 1 Cosponsor added.
- Introduced in Senate
Susan CollinsRepublican · Maine