Bill Sponsor
Senate Bill 838
116th Congress(2019-2020)
A bill to protect integrity, fairness, and objectivity in decisions regarding access to classified information, and for other purposes.
Introduced
Introduced
Introduced in Senate on Mar 14, 2019
Overview
Text
Introduced
Mar 14, 2019
Latest Action
Mar 14, 2019
Origin Chamber
Senate
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
838
Congress
116
Policy Area
Armed Forces and National Security
Armed Forces and National Security
Primary focus of measure is military operations and spending, facilities, procurement and weapons, personnel, intelligence; strategic materials; war and emergency powers; veterans’ issues. Measures concerning alliances and collective security, arms sales and military assistance, or arms control may fall under International Affairs policy area.
Sponsorship by Party
Democrat
Virginia
Senate Votes (0)
House Votes (0)
No Senate votes have been held for this bill.
Summary

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.

Text (1)
March 14, 2019
Actions (2)
03/14/2019
Read twice and referred to the Select Committee on Intelligence.
03/14/2019
Introduced in Senate
Public Record
Record Updated
Nov 1, 2022 6:02:34 PM