Stopping Executive Clearance Unfair Revocation Efforts Act
Summary
The "Stopping Executive Clearance Unfair Revocation Efforts Act" (SECURE Act) aims to amend the National Security Act of 1947. It seeks to clarify due process protections for individuals facing denial or termination of eligibility for access to classified information. The bill broadens the scope of these protections and mandates more detailed annual reporting on security clearance denials and terminations.
Expected Effects
The SECURE Act, if enacted, would likely lead to increased transparency and accountability in the security clearance process. It would extend due process rights to a broader range of individuals, not just executive branch employees. The enhanced reporting requirements would provide more data on the reasons for clearance denials and terminations, as well as the outcomes of appeals.
Potential Benefits
- Enhanced Due Process: Extends due process protections to all individuals, not just executive branch employees, ensuring fairer treatment.
- Increased Transparency: Requires detailed annual reports on security clearance denials and terminations, promoting accountability.
- Improved Oversight: Provides Congress and the public with more information to oversee the security clearance process.
- Potential for Fewer Unfair Revocations: The clarification of requirements may lead to fewer arbitrary or unfair revocations of security clearances.
- Strengthened Appeals Process: The reporting requirements include the outcomes of appeals, highlighting the effectiveness of the review process.
Potential Disadvantages
- Potential for Increased Bureaucracy: The detailed reporting requirements could increase administrative burden for agencies.
- Possible Delays in Security Clearance Process: Enhanced due process and reporting may slow down the security clearance process.
- Risk of Information Disclosure: Detailed reports could inadvertently reveal sensitive information if not properly redacted.
- Potential for Litigation: Expanded due process rights could lead to more legal challenges related to security clearance decisions.
- Uncertainty in Implementation: The practical impact of the changes may be difficult to predict until the Act is implemented.
Constitutional Alignment
The SECURE Act aligns with constitutional principles of due process and transparency. While the Constitution does not explicitly address security clearances, the Fifth Amendment guarantees due process of law. The Act's provisions for enhanced reporting and clarification of requirements support these principles by ensuring fairer procedures and greater accountability in government actions. The First Amendment implications regarding freedom of speech and association are also relevant, as security clearance denials can impact these rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).