[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H776-H778]
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. 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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