Warner, Collins bill would prohibit political retaliation, revocation of security clearances

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 based on published criteria.

The legislation 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. The bill 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 Vice Chairman of the Senate Select Committee on Intelligence, U.S. Sen. Mark R. Warner of Virginia, and U.S. Sen. Susan Collins of Maine, a senior member of the Committee and Chair of the Senate Appropriations Committee, first introduced the bill in 2019 and will reintroduce today 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 focused solely on protecting our nation’s most sensitive information. This bipartisan legislation will make clear that this vital system cannot be weaponized for political retribution,” Warner said.

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