land Security 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 or periodic 
reinvestigation completed, as necessary. 
(c) REPORT.— 
(1) IN GENERAL.—Upon completion of each re-
view required under subsection (a), the Secretary of 
Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the 
number of positions by classification level and by 
component of the Department of Homeland Security 
that are to be redesignated in accordance with sub-
section (b) to— 
(A) require access to classified informa-
tion; 
(B) no longer require access to classified 
information; or 
(C) otherwise require a different level of 
access to classified information. 
(2) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form 
and be made publicly available, but may include a 
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classified annex for any sensitive or classified infor-
mation if necessary. 
Subtitle B—Investigation 
SEC. 211. INVESTIGATION SERVICES PROVIDER PERFORM-
ANCE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Chief Security Officer of the De-
partment of Homeland Security, shall annually survey the 
head of each component or office of the Department with 
the authority to adjudicate a current investigation file for 
a national security position to help determine whether— 
(1) investigation service providers are adhering 
to Federal requirements, including requirements 
under the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (Public Law 108–458) and re-
quirements promulgated by the Office of Personnel 
Management; and 
(2) records provided are adequate to conduct 
adjudications. 
(b) CONTENTS.—Each survey under subsection (a) 
shall consider the following: 
(1) Punctuality of completed personnel security 
investigations, including adherence to timelines re-
quired under section 3001 of the Intelligence Reform 
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and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341). 
(2) Frequency that the adjudicator must seek 
clarifying or additional information from the inves-
tigation service provider. 
(3) Frequency that the adjudicator orders a full 
or partial reinvestigation. 
(4) Frequency that the adjudicator finds ad-
verse information after the completed background 
investigation is submitted by the investigation serv-
ice provider. 
(5) Frequency that the complete investigation 
file, including investigative notes, is provided. 
(6) Overall performance of the investigation 
service provider. 
(7) Satisfaction with the overall performance of 
the investigation service provider. 
(c) CORRECTIVE ACTION.—If information provided 
under subsection (a) identifies a pattern of performance 
problems with a particular investigation service provider, 
the Chief Security Officer of the Department of Homeland 
Security shall make a recommendation to the Secretary 
of Homeland Security and, where appropriate, to the head 
of each component or office of the Department that uses 
the particular investigation service provider regarding cor-
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rective action, including suspension or cancellation of serv-
ices. 
(d) AVAILABILITY.—The Secretary of Homeland Se-
curity shall publish the results of each survey under sub-
section (a) and make each such publication publicly avail-
able on the website of the Department of Homeland Secu-
rity. 
SEC. 212. METRICS. 
The Secretary of Homeland Security shall utilize 
metrics, including, to the extent practicable, any metrics 
in use by the Office of Personnel Management as of the 
date of the enactment of this Act, to assess the timeliness, 
completeness, and overall quality of the provision of inves-
tigative services by investigation service providers. 
Subtitle C—Adjudication 
SEC. 221. UNIFORM ADJUDICATION STANDARDS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Chief Security Officer of the De-
partment of Homeland Security, shall issue uniform adju-
dication standards, consistent with part 147 of title 32, 
Code of Federal Regulations, or similar successor regula-
tion, to be utilized by Department adjudicators with re-
spect to adjudicating the eligibility of an individual for ac-
cess to classified information. 
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(b) CERTIFICATION.—Not later than one year after 
the issuance of the uniform adjudication standards under 
subsection (a), the Secretary of Homeland Security, acting 
through the Chief Security Officer of the Department of 
Homeland Security, shall require the head of each compo-
nent and office of the Department with the authority to 
adjudicate access to classified information of an individual 
to certify compliance with the uniform adjudication stand-
ards under subsection (a). 
(c) AUDIT.—Not later than two years after the last 
head of a component of the Department of Homeland Se-
curity certifies compliance under subsection (b) with the 
uniform adjudication standards under subsection (a), the 
Inspector General of the Department shall audit all such 
components to verify such compliance. 
Subtitle D—Denial, Suspension, 
Revocation, and Appeal 
SEC. 231. UNIFORM REVOCATION CRITERIA AND PROCE-
DURES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Chief Security Officer of the De-
partment of Homeland Security, shall issue a Department-
wide directive that sets forth uniform criteria and proce-
dures, consistent with any appropriate Federal Govern-
mentwide standards, including notice requirements, for 
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the suspension, denial, and revocation of eligibility for ac-
cess to classified information of an individual issued by 
the Department. 
(b) CERTIFICATION.—Not later than one year after 
issuance of the uniform criteria and procedures under sub-
section (a), the Secretary of Homeland Security, acting 
through the Chief Security Officer of the Department of 
Homeland Security, shall require the head of each compo-
nent and office of the Department with the authority to 
adjudicate eligibility for access to classified information of 
an individual to certify compliance with such uniform cri-
teria and procedures. 
SEC. 232. ANNUAL REPORTING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Chief Security Officer of the De-
partment of Homeland Security, shall annually 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, revoca-
tions, and appeals of the eligibility for access to clas-
sified information of an individual throughout the 
Department. 
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(2) The date and status or disposition of each 
reported action under paragraph (1). 
(3) The identification of the originator, whether 
by a component or headquarters, of each adverse ac-
tion 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 ap-
pealed, and the number of years that each such indi-
vidual was eligible for access to such information. 
(5) In the case of a suspension in excess of 180 
days, an explanation for the such timeframe. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form and be made pub-
licly available, but may include a classified annex for any 
sensitive or classified information if necessary. 
SEC. 233. FINAL APPEALS PANEL. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish an internal appeals 5-person panel for 
final national security clearance denial and revocation de-
terminations that is comprised of designees who are ca-
reer, supervisory employees from departmental compo-
nents and headquarters. 
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(b) CHAIR.—The Chief Security Officer of the De-
partment of Homeland Security shall serve as the chair 
of the panel established pursuant to subsection (a). 
(c) POSITIONS.—At least two of the positions on the 
panel shall be held by non-security related supervisory em-
ployees for not more than two consecutive years, and at 
least one position shall held by a security related super-
visory employee for not more than three consecutive years. 
(d) SUBPANELS.— 
(1) IN GENERAL.—For each matter before the 
panel, a 3-person subpanel shall be convened by the 
chair, and may include the chairman. 
(2) PROHIBITION.—The chair may not select a 
panelist to serve on a 3-person subpanel referred to 
in paragraph (1) from the same component or office 
of the Department of Homeland Security as from 
which the matter before such subpanel originated or 
who has a prior relationship with any of the individ-
uals involved in such matter. 
(e) PROCEDURES.— 
(1) IN GENERAL.—Each individual issued ac-
cess to classified information by the Department of 
Homeland Security whose access is denied or re-
voked after a decision from a first-line deciding au-
thority and a supervisor of such first-line deciding 
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authority may appeal, in writing, to the 5-person ap-
peals panel and appear, with a representative, before 
such panel to make a statement. 
(2) RULINGS.—A simple majority of the ap-
peals panel is required to uphold or overturn a de-
nial or revocation. 
(3) TIMING.—All determinations of the appeals 
panel shall be rendered within 90 days of receipt of 
an appeal under this section. 
(4) FINALITY.—All determinations of the ap-
peals panel shall be final, and no further administra-
tive review shall be permitted. 
Subtitle E—Miscellaneous 
Provisions 
SEC. 241. INTELLIGENCE REFORM AND TERRORISM PRE-
VENTION ACT OF 2004 REVIEW AND SECURITY 
CLEARANCE RECIPROCITY. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Comptroller General 
of the United States 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 a report on— 
(1) the impact of the implementation of section 
3001 of the Intelligence Reform and Terrorism Pre-
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vention Act of 2004 (50 U.S.C. 3341; Public Law 
108–458) on security clearance processes, includ-
ing— 
(A) with respect to the quality of personnel 
security investigations and adjudications; and 
(B) the extent to which the timelines speci-
fied in such section have impacted security 
clearance backlogs, and include recommenda-
tions for areas for reform; and 
(2) the extent to which individuals with eligi-
bility for access to classified information, adju-
dicated by the Secretary of Homeland Security or 
the head of a component or office of the Department 
of Homeland Security, are granted reciprocity within 
the Department and by other agencies, in accord-
ance with subsection (d) of section 3001 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341; Public Law 108–458), in-
cluding— 
(A) the extent to which the lack of harmo-
nization of suitability standards is a barrier to 
such reciprocity; and 
(B) recommendations on whether such 
standards should be included in interagency 
reciprocity agreements. 
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(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form and be made pub-
licly available, but may include a classified annex for any 
sensitive or classified information if necessary. 
SEC. 242. OFFICE OF INSPECTOR GENERAL REPORT. 
Not later than two years after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Homeland Security 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 a report on the implementation of 
responsibilities and mandates of the Department under 
this Act, and the amendments made by this Act. The re-
port required under this section shall be submitted in un-
classified form and be made publicly available, but may 
include a classified annex for any sensitive or classified 
information if necessary. 
SEC. 243. PENALTIES FOR FALSIFICATION RELATING TO AN 
INVESTIGATION FILE. 
Section 1001(a) of title 18, United States Code, is 
amended by inserting at the end the following: ‘‘If the of-
fense involves an investigation file for a national security 
position (as such term is defined in section 732.102 of 
title 5, Code of Federal Regulations, or similar successor 
regulation), then the maximum term of imprisonment oth-
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erwise authorized under this section may be increased by 
one year.’’. 
Æ 
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