[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Engrossed in House (EH)]
<DOC>
115th CONGRESS
1st Session
H. R. 697
_______________________________________________________________________
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 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 5 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 1 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 31, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 697
_______________________________________________________________________
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.