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Union Calendar No. 246 

114TH CONGRESS 

1ST SESSION H. R. 3505 

[Report No. 114–323] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2015 

Mr. THOMPSON of Mississippi introduced the following bill; which was referred 

to the Committee on Homeland Security 

NOVEMBER 2, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Clearance Management and Administration 

6 Act’’. 

7 SEC. 2. SECURITY CLEARANCE MANAGEMENT AND ADMIN8 ISTRATION. 

9 (a) IN GENERAL.—Title VII of the Homeland Secu10 rity Act of 2002 is amended— 

11 (1) by inserting before section 701 (6 U.S.C. 

12 341) the following: 

13 ‘‘Subtitle A—Headquarters 

14 Activities’’; 

15 and 

16 (2) by adding at the end the following new sub17 title: 

18 ‘‘Subtitle B—Security Clearances 

19 ‘‘SEC. 711. DESIGNATION OF NATIONAL SECURITY SEN20 SITIVE AND PUBLIC TRUST POSITIONS. 

21 ‘‘(a) IN GENERAL.—The Secretary shall require the 

22 designation of the sensitivity level of national security po23 sitions (pursuant to part 1400 of title 5, Code of Federal 

24 Regulations, or similar successor regulation) be conducted 

25 in a consistent manner with respect to all components and 


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1 offices of the Department, and consistent with Federal 

2 guidelines. 

3 ‘‘(b) IMPLEMENTATION.—In carrying out subsection 

4 (a), the Secretary shall require the utilization of uniform 

5 designation tools throughout the Department and provide 

6 training to appropriate staff of the Department on such 

7 utilization. Such training shall include guidance on factors 

8 for determining eligibility for access to classified informa9 tion and eligibility to hold a national security position. 

10 ‘‘SEC. 712. REVIEW OF POSITION DESIGNATIONS. 

11 ‘‘(a) IN GENERAL.—Not later than July 6, 2017, and 

12 every five years thereafter, the Secretary shall review all 

13 sensitivity level designations of national security positions 

14 (pursuant to part 1400 of title 5, Code of Federal Regula15 tions, or similar successor regulation) at the Department. 

16 ‘‘(b) DETERMINATION.—If during the course of a re17 view required under subsection (a), the Secretary deter18 mines that a change in the sensitivity level of a position 

19 that affects the need for an individual to obtain access 

20 to classified information is warranted, such access shall 

21 be administratively adjusted and an appropriate level peri22 odic reinvestigation completed, as necessary. 

23 ‘‘(c) CONGRESSIONAL REPORTING.—Upon comple24 tion of each review required under subsection (a), the Sec25 retary shall report to the Committee on Homeland SecuVerDate Sep 11 2014 23:44 Nov 02, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3505.RH H3505

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1 rity of the House of Representatives and the Committee 

2 on Homeland Security and Governmental Affairs of the 

3 Senate on the findings of each such review, including the 

4 number of positions by classification level and by compo5 nent and office of the Department in which the Secretary 

6 made a determination in accordance with subsection (b) 

7 to— 

8 ‘‘(1) require access to classified information; 

9 ‘‘(2) no longer require access to classified infor10 mation; or 

11 ‘‘(3) otherwise require a different level of access 

12 to classified information. 

13 ‘‘SEC. 713. AUDITS. 

14 ‘‘Beginning not later than 180 days after the date 

15 of the enactment of this section, the Inspector General of 

16 the Department shall conduct regular audits of compliance 

17 of the Department with part 1400 of title 5, Code of Fed18 eral Regulations, or similar successor regulation. 

19 ‘‘SEC. 714. REPORTING. 

20 ‘‘(a) IN GENERAL.—The Secretary shall annually 

21 through fiscal year 2021 submit to the Committee on 

22 Homeland Security of the House of Representatives and 

23 the Committee on Homeland Security and Governmental 

24 Affairs of the Senate a report on the following: 


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1 ‘‘(1) The number of denials, suspensions, rev2 ocations, and appeals of the eligibility for access to 

3 classified information of an individual throughout 

4 the Department. 

5 ‘‘(2) The date and status or disposition of each 

6 reported action under paragraph (1). 

7 ‘‘(3) The identification of the sponsoring entity, 

8 whether by a component, office, or headquarters of 

9 the Department, of each action under paragraph (1), 

10 and description of the grounds for each such action. 

11 ‘‘(4) Demographic data, including data relating 

12 to race, sex, national origin, and disability, of each 

13 individual for whom eligibility for access to classified 

14 information was denied, suspended, revoked, or ap15 pealed, and the number of years that each such indi16 vidual was eligible for access to such information. 

17 ‘‘(5) In the case of a suspension in excess of 

18 180 days, an explanation for such duration. 

19 ‘‘(b) FORM.—The report required under subsection 

20 (a) shall be submitted in unclassified form and be made 

21 publicly available, but may include a classified annex for 

22 any sensitive or classified information if necessary. 


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1 ‘‘SEC. 715. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, 

2 AND REVOCATION. 

3 ‘‘Not later than one year after the date of the enact4 ment of this section, the Secretary, in consultation with 

5 the Homeland Security Advisory Committee, shall develop 

6 a plan to achieve greater uniformity within the Depart7 ment with respect to the adjudication of eligibility of an 

8 individual for access to classified information that are con9 sistent with the Adjudicative Guidelines for Determining 

10 Access to Classified Information published on December 

11 29, 2005, or similar successor regulation. The Secretary 

12 shall submit to the Committee on Homeland Security of 

13 the House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate the plan. The plan shall consider the following: 

16 ‘‘(1) Mechanisms to foster greater compliance 

17 with the uniform Department adjudication, suspen18 sion, denial, and revocation standards by the head of 

19 each component and office of the Department with 

20 the authority to adjudicate access to classified infor21 mation. 

22 ‘‘(2) The establishment of an internal appeals 

23 panel responsible for final national security clear24 ance denial and revocation determinations that is 

25 comprised of designees who are career, supervisory 

26 employees from components and offices of the DeVerDate Sep 11 2014 23:44 Nov 02, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3505.RH H3505

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1 partment with the authority to adjudicate access to 

2 classified information and headquarters, as appro3 priate. 

4 ‘‘SEC. 716. DATA PROTECTION. 

5 ‘‘The Secretary shall ensure that all information re6 ceived for the adjudication of eligibility of an individual 

7 for access to classified information that is consistent with 

8 the Adjudicative Guidelines for Determining Access to 

9 Classified Information published on December 29, 2005, 

10 or similar successor regulation, and is protected against 

11 misappropriation. 

12 ‘‘SEC. 717. REFERENCE. 

13 ‘‘Except as otherwise provided, for purposes of this 

14 subtitle, any reference to the ‘Department’ includes all 

15 components and offices of the Department.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Homeland Security Act of 2002 is amended— 

18 (1) by inserting before the item relating to sec19 tion 701 the following new item: 

‘‘Subtitle A—Headquarters Activities’’; 

20 and 

21 (2) by inserting after the item relating to sec22 tion 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. 


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‘‘Sec. 715. Uniform adjudication, suspension, denial, and revocation. 

‘‘Sec. 716. Data protection. 

‘‘Sec. 717. Reference.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 246 

114TH CONGRESS 

1ST SESSION H. R. 3505 

[Report No. 114–323] 

A BILL 

To amend the Homeland Security Act of 2002 to 

purposes. Department of Homeland Security, and for other the security clearance processes throughout the improve the management and administration of 

NOVEMBER 2, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS