S. 1959: To protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.

This bill aims to enhance the integrity, fairness, and consistency of processes related to access to classified information within executive agencies. Here are the main provisions of the bill summarized:

Exclusivity of Procedures

The bill stipulates that there will be exclusive procedures governing decisions about access to classified information. This means that no alternate procedures can be used, ensuring uniformity in how access is determined.

Transparency Requirements

The President is required to publish the established procedures for access to classified information within 180 days of the bill's enactment, as well as any future updates at least 30 days prior to their implementation. This aims to make the process more transparent to the public.

Consistency in Decisions

Each agency head must ensure that eligibility determinations for access to classified information do not violate constitutional rights or discriminate based on race, gender, or political beliefs. They must also ensure that decisions are made fairly and consistently across agencies.

Right to Appeal

The bill establishes a formal right to appeal decisions regarding eligibility for access to classified information. This includes:

• A requirement for agencies to create a public process for covered individuals to appeal decisions.
• Inclusion of a written explanation for denials or revocations of access.
• Identification of individuals’ rights to have counsel present at their own expense during the appeals process.

Agency Review Panels

Each agency must establish independent panels to hear appeals under the new procedures. These panels must consist of agency employees, some of whom should not have security roles, to provide an impartial review.

Corrective Action and Compensation

If an appeal determines that an access denial was improper, the agency must return the impacted person to their previous status or position, and they may receive compensation up to $300,000 for losses incurred due to the wrongful denial.

Publication of Decisions

Agencies are required to publish the outcomes of appeals and the rationale for their decisions in a way that ensures public accessibility while protecting sensitive information.

Higher Level Review

The bill establishes a higher review panel under the Security Executive Agent to ensure decisions from agency appeals are consistent with laws and regulations. This review must be completed within a specified timeframe.

Access to Information for Appeals

The bill allows covered individuals and their counsel access to necessary classified information for the purpose of their appeal, ensuring they can adequately challenge decisions made about their eligibility.

Rights Preservation

The bill confirms that individuals retain their right to appeal until the completion of the appeal process, and they cannot be forced to waive this right.

Additional Provisions

There are additional clauses concerning the relationship with existing processes and ensuring that previous rights and responsibilities under Executive Orders are preserved.

Relevant Companies

• CSCO (Cisco Systems, Inc.): Potentially impacted due to its involvement in providing networking and cybersecurity solutions to government agencies that require secure access to classified information.
• BA (Boeing Co.): Likely affected as a contractor for defense and government projects requiring employees with security clearances.