[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H776-H778]
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. 697) 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. 697
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
[[Page H777]]
(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 2022 submit to the 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 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 H.R. 697, the Department of
Homeland Security Clearance Management and Administration Act, and I
commend the gentleman from Mississippi for sponsoring it.
A security clearance is a privilege granted to individuals who have
pledged to protect the American people from threats domestically and
abroad. DHS has approximately 115,000 employees with varying access to
classified materials. One important element of H.R. 697 is the
requirement for the Secretary of Homeland Security to conduct an
inventory of the Department's positions that require security
clearances and assess what positions may be duplicative or are no
longer necessary. It is just good government to ensure that individuals
still have a need to know.
In 2013, then-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 and SCI clearances.
Security clearances are costly to investigate, adjudicate, and
maintain. This bill would ensure that DHS conducts a thorough
accounting of its workforce needs and reduces the number of positions
if determined appropriate. The bill also includes requirements for
additional transparency on how security clearances are adjudicated,
including when there are reasons to suspend or deny a security
clearance.
H.R. 697, 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 effective and lean Department of Homeland Security
in the future.
The bill is identical to the version the House passed last Congress
by voice vote. I urge support for the gentleman's bill.
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
[[Page H778]]
Mr. Speaker, I rise in support of H.R. 697, 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 for my bill. I reintroduced H.R. 697,
the Department of Homeland Security Clearance Management and
Administration Act, to reform how the Department manages its security
clearance processes.
This measure, which the House approved by voice vote in November,
2015, specifically addresses how DHS carries out the complex and
expensive tasks of, number one, identifying positions that warrant
security clearances; number two, investigating candidates for
clearances; and number three, administering its clearance
adjudications, denials, suspensions, revocations, and appeals
processes.
Since September 11, there has been a massive proliferation of
classified material across the Federal Government. Along with the
enormous growth in classified material holdings has come a sizeable
growth in the number of Federal positions requiring security
clearances.
H.R. 697 reflects regulations issued by the Office of Personnel
Management and the Office of the Director of National Intelligence to
help ensure that national security positions are properly designated by
Federal agencies. By doing so, agencies can avoid the costly exercise
of recruiting, investigating, and hiring individuals at clearance
levels and salaries well above what is necessary.
Simply put, Mr. Speaker, H.R. 697 seeks to put DHS on a path to
right-sizing the number of classified positions in its workforce.
Specifically, my bill directs DHS 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 directs DHS to develop a plan to ensure that
adjudications of eligibility for a security clearance are done
accurately across the Department. Lastly, Mr. Speaker, in response to
growing security threats from data breaches, my bill also provides
safeguards for the protection of applicants' personal information.
Mr. Speaker, as I mentioned, passage of H.R. 697 will help ensure
that the Department of Homeland Security takes targeted steps to
improve critical aspects of its secured clearance program.
If enacted, H.R. 697 would make DHS a leader among Federal agencies
with respect to security clearance and position designation practices.
With that, Mr. Speaker, I ask my colleagues' support, and I yield
back the balance of my time.
Mr. KING of New York. Mr. Speaker, I, once again, thank the gentleman
and commend him for his leadership on this issue.
I urge my colleagues to support H.R. 697, and I yield back the
balance of my time.
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. 697.
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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