[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 424 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 424


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2019

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 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.

    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 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.''.

            Passed the House of Representatives January 29, 2019.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.