Sec. 402. Establishing process parity for security clearance revocations
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Subparagraph
(C)of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4) ) is amended to read as follows: Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph
(1)was violated if the individual has demonstrated that a disclosure described in paragraph
(1)was a contributing factor in the adverse security clearance or access determination taken against the individual. An individual under clause
(i)may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— the official making the determination knew of the disclosure; and the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph
(1)was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure. .
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Sec. 402
Establishing process parity for security clearance revocations
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