§1.Exclusivity, consistency, and transparency in security clearance procedures and right to appeal
This section amends section 801 of the National Security Act of 1947 by (1) establishing the procedures for access to classified information as exclusive, except as provided in subsection (b) and subject to new sections 801A and 801B; and (2) requiring the President to publish those procedures in the Federal Register within 180 days of enactment, with revisions published at least 30 days before they become effective.
The section inserts new section 801A, which requires each head of an executive agency (i.e., executive departments, government corporations, and independent establishments, per 5 U.S.C. 105) to ensure eligibility determinations for access to classified information—including sensitive compartmented information and restricted data—do not violate constitutional rights (First, Fifth, and Fourteenth Amendments), discriminate based on race, color, religion, sex, national origin, age, or handicap, involve prohibited retaliation under 5 U.S.C. 2302(b)(3), or violate 50 U.S.C. 3341(j)(1).
The section further inserts new section 801B, which requires each executive agency head to establish and publicly post, within 180 days of enactment, an internal appeal process for covered persons (i.e., current or former agency employees, military members, civilians, experts, consultants, and others requiring access) whose eligibility for classified information access is denied or revoked. (Thus, agencies must provide a written explanation consistent with national security interests, notice of appeal rights, and—within 30 days of request—copies of relevant documents, including the investigative file, to the extent consistent with national security.)