A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Sponsored By: Senator Mark Warner
Introduced
Summary
Due process for security-clearance decisions. This bill would make published, uniform procedures the exclusive path for deciding who may access classified information and create new appeal rights, independent review panels, and remedies for wrongful denials.
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- Covered persons, including military members, civilian employees, consultants, contractors, and representatives, would receive a detailed written explanation and be given the decision documents within 30 days. They may obtain counsel at their own expense and counsel can be granted limited-purpose access to classified materials.
- Individuals would be able to request an adjudicative hearing with witness testimony and cross-examination rights. Agencies must complete reviews on average within 180 days after a hearing, and improper denials require corrective action including restoration and up to $300,000 in compensation.
- Agencies would have to publish their procedures in the Federal Register within 180 days and post redacted final agency and panel decisions online consistent with Freedom of Information Act standards. Independent review panels of at least three employees with terms not to exceed two years would issue written findings, and a Security Executive Agent panel could remand or overturn decisions that violate constitutional or nondiscrimination rules.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Pay and job restoration after wrongful denial
If enacted, and a review finds your clearance was wrongly denied or revoked, the agency would have to fix the harm and try to return you to your prior job. The agency could pay money for lost wages, benefits, or expenses caused by the improper denial or revocation. The total payment could not be more than $300,000 and would be based on documented losses.
Legal limits and rights in clearance decisions
If enacted, agencies would be required not to violate constitutional rights or discriminate when denying or revoking classified access. Agencies could not retaliate or coerce people for political activity. You would keep the right to appeal until the appeal ends, and agencies could not force you to waive that right. The bill would also prevent suitability findings from blocking the new review proceedings and would preserve existing Executive Order and DOHA procedures.
New appeals and review process for clearances
If enacted, agencies would have to set up public internal appeals processes within 180 days and publish procedures. You could get a written reason and the documents behind a denial within 30 days and request a hearing within 30 days of getting them. Agencies would try to finish reviews on average within 180 days after a hearing is requested. The bill would require independent three-person agency panels and a separate three-person Security Executive Agent panel for higher-level review. The law would make these procedures the main route to challenge clearance decisions, subject to national security limits.
Who is covered by new clearance rules
If enacted, the bill would define a "covered person" to include most people who currently or formerly work for an agency in a job that needs classified access. That includes members of the Armed Forces, federal civilians, consultants, counsel, and some representatives. The President and Vice President would not be covered.
Sponsors & CoSponsors
Sponsor
Mark Warner
VA • D
Cosponsors
Susan Collins
ME • R
Sponsored 6/5/2025
Roll Call Votes
No roll call votes available for this bill.
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