[Congressional Record Volume 165, Number 18 (Tuesday, January 29, 2019)]
[House]
[Pages H1254-H1256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENT OF HOMELAND SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION 
                                  ACT

  Mr. THOMPSON of Mississippi. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 424) 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. 424

       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 manner consistent 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, 2019, 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

[[Page H1255]]

     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 2024 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.--Each 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 
Mississippi (Mr. Thompson) and the gentleman from Alabama (Mr. Rogers) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 424, the Department of 
Homeland Security Clearance Management and Administration Act.
  Mr. Speaker, before I begin, let me say I am pleased that we have 
reached the end of the longest government shutdown in U.S. history. I 
am grateful to the women and men of DHS and their families for their 
professionalism during this difficult month. We should all recognize 
that they continue to serve our country every day by keeping our 
citizens safe.
  Mr. Speaker, I have reintroduced H.R. 424, the Department of Homeland 
Security Clearance Management and Administration Act, to reform how the 
department manages its security clearance processes. It is no secret 
that the security clearance process is in dire need of change.
  Since September 11, there has been massive growth in the amount of 
classified material across the Federal Government. In many cases, 
material is over-classified where it is kept at a higher classification 
level or at a higher classification level for longer than needed. The 
explosion in the number of Federal positions requiring security 
clearances has driven an enormous backlog in security clearance 
background investigations.
  As of last Congress, the average waiting period for an initial 
background check for a top-secret clearance was 390 days--more than a 
year. The average waiting period for a reinvestigation of an individual 
holding a top-secret clearance was 518 days--nearly 1\1/2\ years.
  The delays caused by this enormous backlog represent very real 
barriers to employment and promotion within government. Many 
individuals with clearances do not actually need clearances to do their 
jobs. According to a 2014 report by the Office of Management and 
Budget, 40 percent of all individuals with clearances did not even have 
access to classified information as part of their work.
  Misclassification of national security positions is not only wasteful 
of government resources but creates needless barriers to entry and 
advancement. Clearly, the clearance system is in desperate need of 
significant reform.
  H.R. 424 would help put DHS on a path to rightsizing its ranks by 
ensuring that national security positions are properly designated.
  H.R. 424 would also require DHS to conform, from time to time, that 
its security designations are still appropriate. This would ensure that 
the department is not needlessly limiting the applicant pool for 
positions that do not require access to classified information.
  While the executive branch is exploring ways to improve the way in 
which positions are designated for clearances, H.R. 424 would allow DHS 
to become a leader in modernizing and streamlining this system.
  Finally, H.R. 424 would require DHS to keep applicants' and 
employees' personal information safe from data breaches.
  Taken together, these reforms represent progress toward fixing the 
broken clearance system. It will save DHS money, time, and other 
resources by streamlining the clearance and designation systems.
  Fundamentally, enactment of H.R. 424 would begin to break down 
barriers to employment and promotion that prevent Federal employees 
from advancing in their careers.
  With that, Mr. Speaker, I urge the passage of H.R. 424, and I reserve 
the balance of my time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 424, the Department of 
Homeland Security Clearance Management and Administration Act.

[[Page H1256]]

  President Trump has directed a major security clearance and 
background information overhaul across the executive branch. This 
effort is underway, and significant progress has been made to reduce 
the backlog and improve the quality of background investigations. The 
bill we are considering today complements this initiative.
  H.R. 424 requires the Secretary of Homeland Security to conduct an 
inventory of the department's positions that require security 
clearances, which currently number over 100,000, and determine what 
positions may be duplicative or are no longer necessary. It is just 
good government to periodically review the positions that require a 
``need to know'' and to ensure DHS is not allocating funds for 
unnecessary background investigations. Security clearances are costly 
to investigate, adjudicate, and maintain.
  The bill would ensure that DHS conducts a thorough accounting of its 
workforce needs and reduces the number of positions with security 
clearances if determined appropriate. The bill would also require 
additional transparency on how security clearances are adjudicated, 
including when there are reasons to suspend or deny a security 
clearance.
  Chairman Thompson's legislation is an example of the accounting that 
each Federal department should be conducting today and would lead to a 
leaner and more secure Department of Homeland Security.
  Mr. Speaker, the bill is identical to the version the House passed 
last Congress, and I would just reiterate this is good government, 
bipartisan legislation. I urge its support, and I yield back the 
balance of my time.

                              {time}  1230

  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 424, which passed by 
voice vote in the last Congress, will help improve critical aspects of 
DHS' security clearance process.
  The truth is that not every position requires a clearance, not every 
document needs to be classified. Our intelligence and law enforcement 
officials should focus their limited time and resources on protecting 
materials that are truly sensitive. Access to those materials should be 
granted carefully and appropriately to individuals who actually need to 
handle those materials.
  Enactment of H.R. 424 would not only make DHS a leader in this space, 
but it would help break down barriers to employment and growth within 
the Department. Mr. Speaker, I ask for my colleagues' support, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Cohen). The question is on the motion 
offered by the gentleman from Mississippi (Mr. Thompson) that the House 
suspend the rules and pass the bill, H.R. 424.
  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.

                          ____________________