Warner & Collins introduce bipartisan legislation to establish transparent standards for security clearances

WASHINGTON – On March 14th,  the Vice Chairman of the Senate Select Committee on Intelligence, U.S. Sen. Mark R. Warner (D-VA), joined with U.S. Sen. Susan Collins (R-ME), a member of the Committee, to introduce bipartisan legislation to protect the integrity of the security clearance process and ensure that it cannot be abused for political purposes.

“Americans should be able to have confidence that the security clearance process is being used only to protect our nation’s greatest secrets,” said Sen. Warner. “Our bipartisan bill will make clear that security clearances are not to be used as a tool to punish political opponents or reward family members, but to ensure personnel are thoroughly vetted to the highest standards.”

“The security clearance system is critical to protecting our country from harm and safeguarding access to our secrets. Americans should have the utmost confidence in the integrity of the security clearance process,” said Sen. Collins. “This bipartisan bill would make the current system more fair and transparent by ensuring that decisions to grant, deny, or revoke clearances are based solely on established adjudicative guidelines.”

The Integrity in Security Clearance Determinations Act will ensure that the security clearance process is fair, objective, transparent, and accountable by requiring decisions to grant, deny, or revoke clearances to be based on published criteria. It explicitly prohibits the executive branch from revoking security clearances based on the exercise of constitutional rights, such as the right to freely express political views, or for purposes of political retaliation. It also bans agencies from using security clearances to punish whistleblowers or discriminate on the basis of sex, gender, religion, age, handicap, or national origin.

The bipartisan bill also codifies in statute the right of government employees to appeal decisions to deny or revoke a security clearance, and requires the government to publicly publish the results of such appeals – providing transparency, accountability and basic due process rights in an otherwise opaque and irregular process.

The legislation aims to enhance the rigor and accountability of our security clearance process and to prevent abuses. It complements other reforms the executive branch is undertaking to modernize how the government processes clearances, and was developed with input from a wide range of experts across the government and in private law practice.

A copy of the bill text is available here.