S1959-119

What This Bill Does
This bill establishes standardized procedures for security clearance decisions and creates a formal, multi-level appeal process for federal employees and contractors whose access to classified information is denied or revoked. It amends the National Security Act of 1947 to require transparency, prohibit discrimination, and protect constitutional rights in security clearance determinations.

Who Benefits and How
Federal employees, military personnel, contractors, and others who hold or seek security clearances benefit from stronger due process protections. They gain the right to receive detailed written explanations for clearance denials, access their investigative files, retain legal counsel with potential access to classified materials, appear before independent panels, call and cross-examine witnesses, and appeal adverse decisions through multiple levels including to the Security Executive Agent. Those wrongfully denied clearances may receive corrective action and compensation up to $300,000 for lost wages and expenses.

Who Bears the Burden and How
Federal agencies must establish and publicly document appeal processes within 180 days, create independent three-person panels to hear appeals, complete reviews within 180-day timeframes on average, and publish final decisions in searchable public formats. The President must publish all security clearance procedures in the Federal Register. The Security Executive Agent (Director of National Intelligence) must establish and operate an oversight panel to review agency decisions on appeal.

Key Provisions
- Prohibits discrimination in clearance decisions based on race, color, religion, sex, national origin, age, or handicap, and protects First, Fifth, and Fourteenth Amendment rights
- Requires agencies to provide written explanations for denials/revocations and copies of documents forming the basis of decisions within 30 days
- Creates two-tiered appeal system: first to an independent agency panel, then to a Security Executive Agent panel for oversight
- Mandates that each agency panel include at least three members, with two not from the security field, serving maximum two-year terms
- Allows up to $300,000 in compensation for employees whose clearances were improperly denied or revoked
- Requires publication of all final appeal decisions on publicly searchable websites