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Code · BILL · 116th Congress · S. 1790 (Engrossed in Senate) — To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military c... · Sec. 9311

Sec. 9311. Exclusivity, consistency, and transparency in security clearance procedures

439 words·~2 min read·/bill/116/s/1790/es/section-9311

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Section 801 of the National Security Act of 1947 ( 50 U.S.C. 3161 ) is amended by adding at the end the following: Except as provided in subsection
(b)and subject to sections 801A and 801B, the procedures established pursuant to subsection
(a)shall be the exclusive procedures by which decisions about eligibility for access to classified information are governed. . Such section is further amended by adding at the end the following: Not later than 180 days after the date of the enactment of this subsection, the President shall— publish in the Federal Register the procedures established pursuant to subsection (a); or submit to Congress a certification that the procedures currently in effect that govern access to classified information as described in subsection (a)— are published in the Federal Register; and comply with the requirements of subsection (a). Whenever the President makes a revision to a procedure established pursuant to subsection (a), the President shall publish such revision in the Federal Register not later than 30 days before the date on which the revision becomes effective. . Title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq.) is amended by inserting after section 801 the following: In this section: The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. The term classified information includes sensitive compartmented information, restricted data, restricted handling information, and other compartmented information. The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a). Each head of an agency that makes a determination regarding eligibility for access to classified information shall ensure that in making the determination, the head of the agency or any person acting on behalf of the agency— does not violate any right or protection enshrined in the Constitution of the United States, including rights articulated in the First, Fifth, and Fourteenth Amendments; does not discriminate for or against an individual on the basis of race, color, religion, sex, national origin, age, or handicap; is not carrying out— retaliation for political activities or beliefs; or a coercion or reprisal described in section 2302(b)(3) of title 5, United States Code; and does not violate section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ). . The table of contents in the matter preceding section 2 of the National Security Act of 1947 ( 50 U.S.C. 3002 ) is amended by inserting after the item relating to section 801 the following: Sec. 801A. Decisions relating to access to classified information. .
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Sec. 9311
Exclusivity, consistency, and transparency in security clearance procedures
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