[Congressional Record Volume 161, Number 162 (Monday, November 2, 2015)]
[House]
[Pages H7353-H7355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

[[Page H7354]]

     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

[[Page H7355]]

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.

                          ____________________