S. 838 · 116th Congress
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified…
Full title
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
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Never voted on. It didn't reach a floor vote before the 116th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
WarnerSponsor1 cosponsor · 1 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
This bill directs each executive agency to establish an appeals process for persons whose eligibility for access to classified information has been denied or revoked.
What it does: CRS summary · Introduced in Senate · Mar 14, 2019
This bill directs each executive agency to establish an appeals process for persons whose eligibility for access to classified information has been denied or revoked.
Each agency shall establish an independent panel to hear such appeals, and the Office of the Director of National Intelligence (ODNI) shall establish a panel to review agency appeal decisions.
To a person whose access to classified information has been denied or revoked, the relevant agency shall provide a written explanation of the basis of the decision. The agency shall provide such a person a copy of the documents that formed the basis of the decision upon request.
The bill establishes various requirements for agency appeals, including (1) an opportunity for the person to be represented by counsel at the person's own expense; (2) the ability to review classified information that is essential to the case; and (3) the opportunity to provide evidence, including calling and cross-examining witnesses.
The agency panel may take various corrective actions, including compensation for lost wages or benefits due to an improper denial or revocation of access to classified information. The review panel shall explain its decisions in writing, and the decision shall be publicly available.
Such agency appeal decisions may be appealed to the review panel established by the ODNI, which may vacate and remand incorrect decisions back to the agency panel. The Director of National Intelligence may overturn an ODNI panel decision. Decisions by the director or by the ODNI panel shall be explained in writing and be publicly available.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Latest action (Mar 14, 2019): Read twice and referred to the Select Committee on Intelligence.
Policy area: Armed Forces and National Security · Origin: Senate · Introduced: Mar 14, 2019
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.