National Intelligence promulgates the policies and proce-
dures under paragraph (7). The policies and procedures 
for appeals developed under paragraph (7) shall be com-
parable to the policies and procedures pertaining to pro-
hibited
personnel
practices
defined
under
section 
2302(b)(8) of title 5, United States Code, and provide— 
‘‘(i) for an independent and impartial fact-find-
er; 
‘‘(ii) for notice and the opportunity to be heard, 
including the opportunity to present relevant evi-
dence, including witness testimony; 
‘‘(iii) that the employee or former employee 
may be represented by counsel; 
‘‘(iv) that the employee or former employee has 
a right to a decision based on the record developed 
during the appeal; 
‘‘(v) that not more than 180 days shall pass 
from the filing of the appeal to the report of the im-
partial fact-finder to the agency head or the des-
ignee of the agency head, unless— 
‘‘(I) the employee and the agency con-
cerned agree to an extension; or 
‘‘(II) the impartial fact-finder determines 
in writing that a greater period of time is re-
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quired in the interest of fairness or national se-
curity; 
‘‘(vi) for the use of information specifically re-
quired by Executive order to be kept classified in the 
interest of national defense or the conduct of foreign 
affairs in a manner consistent with the interests of 
national security, including ex parte submissions if 
the agency determines that the interests of national 
security so warrant; and 
‘‘(vii) that the employee or former employee 
shall have no right to compel the production of in-
formation specifically required by Executive order to 
be kept classified in the interest of national defense 
or the conduct of foreign affairs, except evidence 
necessary to establish that the employee made the 
disclosure or communication such employee alleges 
was protected by subparagraphs (A), (B), and (C) of 
subsection (j)(1).’’. 
(a) IN GENERAL.—Section 3001 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 U.S.C. 
435b) is amended— 
(1) by redesignating subsection (i) as subsection 
(k); and 
(2) by inserting after subsection (h) the following 
new subsection: 
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‘‘(i) REVIEW OF SECURITY CLEARANCE OR ACCESS 
DETERMINATIONS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Platts-Van Hollen 
Whistleblower Protection Enhancement Act of 2011, 
the head of the entity selected pursuant to subsection 
(b) shall— 
‘‘(A) develop policies and procedures that 
permit, to the extent practicable, individuals who 
challenge in good faith a determination to sus-
pend or revoke a security clearance or access to 
classified information to retain their government 
employment status while such challenge is pend-
ing; and 
‘‘(B) develop and implement uniform and 
consistent policies and procedures to ensure 
proper protections during the process for deny-
ing, suspending, or revoking a security clearance 
or access to classified information, including the 
provision of a right to appeal such a denial, sus-
pension, or revocation, except that there shall be 
no appeal of an agency’s suspension of a security 
clearance or access determination for purposes of 
conducting an investigation, if that suspension 
lasts no longer than 1 year or the head of the 
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agency certifies that a longer suspension is need-
ed before a final decision on denial or revocation 
to prevent imminent harm to the national secu-
rity. 
‘‘(2) LIMITATION PERIOD.—Any limitation pe-
riod applicable to an agency appeal under paragraph 
(1) shall be tolled until the head of the agency (or in 
the case of any component of the Department of De-
fense, the Secretary of Defense) determines, with the 
concurrence of the Director of National Intelligence, 
that the policies and procedures described in para-
graph (1) have been established for the agency or the 
Director of National Intelligence promulgates the 
policies and procedures under paragraph (1). The 
policies and procedures for appeals developed under 
paragraph (1) shall be comparable to the policies and 
procedures pertaining to prohibited personnel prac-
tices defined under section 2302(b)(8) of title 5, 
United States Code, and provide— 
‘‘(A) for an independent and impartial 
fact-finder; 
‘‘(B) for notice and the opportunity to be 
heard, including the opportunity to present rel-
evant evidence, including witness testimony; 
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‘‘(C) that the employee or former employee 
may be represented by counsel; 
‘‘(D) that the employee or former employee 
has a right to a decision based on the record de-
veloped during the appeal; 
‘‘(E) that not more than 180 days shall 
pass from the filing of the appeal to the report 
of the impartial fact-finder to the agency head or 
the designee of the agency head, unless— 
‘‘(i) the employee and the agency con-
cerned agree to an extension; or 
‘‘(ii) the impartial fact-finder deter-
mines in writing that a greater period of 
time is required in the interest of fairness 
or national security; 
‘‘(F) for the use of information specifically 
required by Executive order to be kept classified 
in the interest of national defense or the conduct 
of foreign affairs in a manner consistent with 
the interests of national security, including ex 
parte submissions if the agency determines that 
the interests of national security so warrant; and 
‘‘(G) that the employee or former employee 
shall have no right to compel the production of 
information specifically required by Executive 
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