S.1959 - To protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes. (119th Congress)
Summary
S.1959 aims to protect integrity, fairness, and objectivity in decisions regarding access to classified information. It amends the National Security Act of 1947 to establish exclusive procedures for security clearance decisions, emphasizing transparency and consistency. The bill also provides a right to appeal denials or revocations of security clearances.
Expected Effects
The bill will likely lead to more standardized and transparent processes for granting and revoking security clearances. It also establishes avenues for appeal, potentially reducing arbitrary decisions. The establishment of review panels and higher-level review by the Security Executive Agent will add layers of oversight.
Potential Benefits 4/5
- Increased Transparency: Publication of security clearance procedures and decisions.
- Right to Appeal: Establishes a formal process for appealing security clearance denials or revocations.
- Protection Against Discrimination: Prohibits discrimination based on race, color, religion, sex, national origin, age, or handicap.
- Protection Against Retaliation: Prevents retaliation for political activities or beliefs.
- Corrective Action: Mandates corrective action and potential compensation for those improperly denied or revoked clearances.
Potential Disadvantages
- Potential for Delays: The appeals process could lengthen the time it takes to resolve security clearance issues.
- Administrative Burden: Agencies will need to establish review panels and processes, increasing administrative workload.
- National Security Concerns: The publication of decisions, even in redacted form, could potentially reveal sensitive information.
- Cost: Implementing the appeals process and providing compensation could be costly.
- Complexity: The multi-layered review process could become complex and difficult to navigate.
Constitutional Alignment 5/5
The bill aligns with constitutional principles by emphasizing due process and equal protection under the law, particularly the Fifth and Fourteenth Amendments. It also addresses First Amendment concerns by protecting against retaliation for political activities or beliefs. The emphasis on transparency and fairness supports the overall principles of justice and liberty enshrined in the Constitution.
Impact Assessment: Things You Care About
This action has been evaluated across 19 key areas that matter to citizens. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).