[Congressional Record Volume 161, Number 162 (Monday, November 2, 2015)]
[House]
[Pages H7353-H7355]
DEPARTMENT OF HOMELAND SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION
ACT
Mr. KING of New York. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3505) to amend the Homeland Security Act of 2002 to
improve the management and administration of the security clearance
processes throughout the Department of Homeland Security, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3505
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland
Security Clearance Management and Administration Act''.
SEC. 2. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION.
(a) In General.--Title VII of the Homeland Security Act of
2002 is amended--
(1) by inserting before section 701 (6 U.S.C. 341) the
following:
``Subtitle A--Headquarters Activities'';
and
(2) by adding at the end the following new subtitle:
``Subtitle B--Security Clearances
``SEC. 711. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND
PUBLIC TRUST POSITIONS.
``(a) In General.--The Secretary shall require the
designation of the sensitivity level of national security
positions (pursuant to part 1400 of title 5, Code of Federal
Regulations, or similar successor regulation) be conducted in
a consistent manner with respect to all components and
offices of the Department, and consistent with Federal
guidelines.
``(b) Implementation.--In carrying out subsection (a), the
Secretary shall require the utilization of uniform
designation tools throughout the Department and provide
training to appropriate staff of the Department on such
utilization. Such training shall include guidance on factors
for determining eligibility for access to classified
information and eligibility to hold a national security
position.
``SEC. 712. REVIEW OF POSITION DESIGNATIONS.
``(a) In General.--Not later than July 6, 2017, and every
five years thereafter, the Secretary shall review all
sensitivity level designations of national security positions
(pursuant to part 1400 of title 5, Code of Federal
Regulations, or similar successor regulation) at the
Department.
``(b) Determination.--If during the course of a review
required under subsection (a), the Secretary determines that
a change in the sensitivity level of a position that affects
the need for an individual to obtain access to classified
information is warranted, such access shall be
administratively adjusted and an appropriate level periodic
reinvestigation completed, as necessary.
``(c) Congressional Reporting.--Upon completion of each
review required under subsection (a), the Secretary shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the findings of each
such review, including the number of positions by
classification level and by component and office of the
Department in which the Secretary made a determination in
accordance with subsection (b) to--
``(1) require access to classified information;
``(2) no longer require access to classified information;
or
``(3) otherwise require a different level of access to
classified information.
``SEC. 713. AUDITS.
``Beginning not later than 180 days after the date of the
enactment of this section, the Inspector General of the
Department shall conduct regular audits of compliance of the
Department with part 1400 of title 5, Code of Federal
Regulations, or similar successor regulation.
``SEC. 714. REPORTING.
``(a) In General.--The Secretary shall annually through
fiscal year 2021 submit to the
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Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the following:
``(1) The number of denials, suspensions, revocations, and
appeals of the eligibility for access to classified
information of an individual throughout the Department.
``(2) The date and status or disposition of each reported
action under paragraph (1).
``(3) The identification of the sponsoring entity, whether
by a component, office, or headquarters of the Department, of
each action under paragraph (1), and description of the
grounds for each such action.
``(4) Demographic data, including data relating to race,
sex, national origin, and disability, of each individual for
whom eligibility for access to classified information was
denied, suspended, revoked, or appealed, and the number of
years that each such individual was eligible for access to
such information.
``(5) In the case of a suspension in excess of 180 days, an
explanation for such duration.
``(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form and be made publicly
available, but may include a classified annex for any
sensitive or classified information if necessary.
``SEC. 715. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND
REVOCATION.
``Not later than one year after the date of the enactment
of this section, the Secretary, in consultation with the
Homeland Security Advisory Committee, shall develop a plan to
achieve greater uniformity within the Department with respect
to the adjudication of eligibility of an individual for
access to classified information that are consistent with the
Adjudicative Guidelines for Determining Access to Classified
Information published on December 29, 2005, or similar
successor regulation. The Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the plan. The plan shall
consider the following:
``(1) Mechanisms to foster greater compliance with the
uniform Department adjudication, suspension, denial, and
revocation standards by the head of each component and office
of the Department with the authority to adjudicate access to
classified information.
``(2) The establishment of an internal appeals panel
responsible for final national security clearance denial and
revocation determinations that is comprised of designees who
are career, supervisory employees from components and offices
of the Department with the authority to adjudicate access to
classified information and headquarters, as appropriate.
``SEC. 716. DATA PROTECTION.
``The Secretary shall ensure that all information received
for the adjudication of eligibility of an individual for
access to classified information that is consistent with the
Adjudicative Guidelines for Determining Access to Classified
Information published on December 29, 2005, or similar
successor regulation, and is protected against
misappropriation.
``SEC. 717. REFERENCE.
``Except as otherwise provided, for purposes of this
subtitle, any reference to the `Department' includes all
components and offices of the Department.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended--
(1) by inserting before the item relating to section 701
the following new item:
``Subtitle A--Headquarters Activities'';
and
(2) by inserting after the item relating to section 707 the
following new items:
``Subtitle B--Security Clearances
``Sec. 711. Designation of national security sensitive and public trust
positions.
``Sec. 712. Review of position designations.
``Sec. 713. Audits.
``Sec. 714. Reporting.
``Sec. 715. Uniform adjudication, suspension, denial, and revocation.
``Sec. 716. Data protection.
``Sec. 717. Reference.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the legislation.
In 2013, Director of National Intelligence James Clapper called the
number of individuals with clearances ``too high.'' In a memo to
government agencies, Director Clapper expressed his concern with the
growing number of individuals with access to classified information,
particularly TS/SCI clearances.
H.R. 3505 complements the bill the House just passed, H.R. 3361. One
important element of any Insider Threat Program is knowing who has
access to classified information and who has a need to know specific
information.
This bill requires the DHS Secretary to conduct a review of all
positions within the Department designated as positions of national
security to confirm whether or not those positions continue to require
security clearances.
This is an example of good government. The bill directs the
Department to conduct an inventory of its positions that require
security clearances and assess what positions may be duplicative or are
no longer necessary.
As we know, security clearances are costly to investigate,
adjudicate, and maintain. This bill will ensure that DHS conducts a
thorough screening of its workforce needs and reduces the number of
positions, if determined appropriate.
The bill introduced by Ranking Member Thompson is an example of the
accounting that each Federal department should be conducting today and
will lead to a more lean and effective Department of Homeland Security
in the future.
I urge support for the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3505, the Department of
Homeland Security Clearance Management and Administration Act.
Mr. Speaker, I want to start off by thanking the chairman of the
Counterterrorism and Intelligence Subcommittee, Mr. King, as well as
Chairman McCaul, for their support of my bill.
I introduced H.R. 3505, the Department of Homeland Security Clearance
Management and Administration Act, to make specific reforms in how the
Department manages its security clearance process. Specifically, H.R.
3505 addresses how DHS carries out the complex and extensive tasks of
identifying positions that warrant security clearances, investigating
candidates for clearances, and administering its clearance
adjudications, denials, suspensions, revocations, and appeals process.
Since September 11, there has been a massive proliferation of
original and derivative classified materials across the Federal
Government. Along with the enormous growth of classified material
holdings has come a sizeable growth in the number of Federal positions
requiring security clearances.
H.R. 3505 reflects recent regulations issued by the Office of
Personnel Management and the Office of the Director of National
Intelligence to help ensure that Federal agencies make correct
designations for national security positions and, in turn, avoid the
costly exercise of recruiting, investigating, and hiring an individual
at a clearance level and salary well above what is necessary.
H.R. 3505 seeks to put DHS on a path of right-sizing the position
designations for its workforce. Specifically, my bill directs the
Secretary of the Department of Homeland Security to ensure that the
sensitivity levels of national security positions are designated
appropriately across the Department and its components.
It also requires the Department's Chief Security Officer to audit
national security positions periodically to ensure that such security
designations are still appropriate.
Additionally, the bill requires the Department to develop a plan to
ensure that adjudications of eligibility for a security clearance are
done accurately across the Department.
Lastly, in response to the growing security threat from data
breaches, this act also provides safeguards for the protection of the
applicant's personal information.
Mr. Speaker, as I mentioned, my bill seeks to take targeted steps at
improving critical aspects of how the Department of Homeland Security
administers its security clearance program.
If enacted, H.R. 3505 would make DHS a leader among Federal agencies
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with respect to security clearance and position designation practices.
I ask for my colleagues' support.
I yield back the balance of my time.
Mr. KING of New York. Mr. Speaker, I once again urge my colleagues to
support H.R. 3505.
I commend the ranking member, the gentleman from Mississippi, for
authoring this legislation. I am proud to support it. It is a
commonsense, good-government bill that will reduce waste and improve
security.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, and Ranking Member of the Subcommittee on Border
and Maritime Security, I rise in strong support of H.R. 3505 the
``Fusion Center Enhancement Act,'' which would guarantee improvement of
security for the Department of Homeland Security.
This bill requires the Homeland Security Department to provide
training to appropriate staff of the Department to determine
eligibility for access to classified information.
At least 88 DHS workers have been on administrative leave pending
resolution of claims against them, according to the office of Senator
Charles Grassley (R-Iowa).
Four workers had been on leave for three years or more with another
17 on leave for two years or more. The 88 were placed on leave for a
variety of reasons.
Amongst those reasons it was noted that 13 were placed on leave due
to security clearance issues.
Earlier this year officials said that a database holding sensitive
security clearance information on millions of prior, current, as well
as potential federal employees and contractors was compromised, via a
Chinese Breach.
That database was also breached last year by the Chinese in a
separate incident.
The bill will ensure that:
1. The Secretary will review all sensitivity level designations of
national security positions;
2. Access shall be administratively adjusted and an appropriate level
periodic reinvestigation completed, as necessary; and
3. The Inspector General of the Department shall conduct regular
audits.
With cyber security threats on the rise across the world, and our
continued dependence on technology we must be ever vigilant of the
threats that we face.
It is for these reasons, as well as the previously mentioned cases of
threats to DHS security clearance, that I seek the support of my
colleagues today to support H.R. 3505.
I am confident that my colleagues will heed my advice and realize the
need for the enactment of H.R. 3505.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. King) that the House suspend the rules and
pass the bill, H.R. 3505.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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