BAG19164 S.L.C.
116
TH
CONGRESS 1
ST
S
ESSION
S.
ll
To protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
IN THE SENATE OF THE UNITED STATES
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Mr. W
ARNER
(for himself and Ms. C
OLLINS
) introduced the following bill; which was read twice and referred to the Committee on
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A BILL
To protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. EXCLUSIVITY, CONSISTENCY, AND TRANS-
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PARENCY IN SECURITY CLEARANCE PROCE-
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DURES AND RIGHT TO APPEAL.
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(a) E
XCLUSIVITY OF
P
ROCEDURES
.—Section 801 of
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the National Security Act of 1947 (50 U.S.C. 3161) is
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amended by adding at the end the following:
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2
BAG19164 S.L.C.
‘‘(c) E
XCLUSIVITY
.—Except as provided in sub-
1
section (b) and subject to sections 801A and 801B, the
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procedures established pursuant to subsection (a) shall be
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the exclusive procedures by which decisions about access
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to classified information are governed.’’.
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(b) T
RANSPARENCY
.—Such section is further amend-
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ed by adding at the end the following:
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‘‘(d) P
UBLICATION
.—
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‘‘(1) I
N GENERAL
.—Not later than 180 days
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after the date of the enactment of this subsection,
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the President shall publish in the Federal Register
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the procedures established pursuant to subsection
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(a).
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‘‘(2) U
PDATES
.—Whenever the President
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makes a revision to a procedure established pursuant
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to subsection (a), the President shall publish such
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revision in the Federal Register not later than 30
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days before the date on which the revision becomes
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effective.’’.
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(c) C
ONSISTENCY
.—
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(1) I
N GENERAL
.—Title VIII of the National
21
Security Act of 1947 (50 U.S.C. 3161 et seq.) is
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amended by inserting after section 801 the fol-
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lowing:
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3
BAG19164 S.L.C.
‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSI-
1
FIED INFORMATION.
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‘‘(a) D
EFINITIONS
.—In this section:
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‘‘(1) A
GENCY
.—The term ‘agency’ has the
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meaning given the term ‘Executive agency’ in section
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105 of title 5, United States Code.
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‘‘(2) C
LASSIFIED INFORMATION
.—The term
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‘classified information’ includes sensitive compart-
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mented information, restricted data, restricted han-
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dling information, and other compartmented infor-
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mation.
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‘‘(3) E
LIGIBILITY FOR ACCESS TO CLASSIFIED
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INFORMATION
.—The term ‘eligibility for access to
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classified information’ has the meaning given such
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term in the procedures established pursuant to sec-
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tion 801(a).
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‘‘(b) I
N
G
ENERAL
.—Each head of an agency that
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makes a determination for eligibility for access to classi-
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fied information shall ensure that in making the deter-
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mination, the head of the agency or any person acting on
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behalf of the agency—
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‘‘(1) does not violate any right or protection en-
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shrined in the Constitution of the United States, in-
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cluding rights articulated in the First, Fifth, and
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Fourteenth Amendments;
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