IIB 
116TH CONGRESS 
1ST SESSION 
H. R. 424 
IN THE SENATE OF THE UNITED STATES 
JANUARY 29, 2019 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend the Homeland Security Act of 2002 to improve 
the management and administration of the security clear-
ance processes throughout the Department of Homeland 
Security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security Clearance Management and Administration 
Act’’. 
SEC. 2. SECURITY CLEARANCE MANAGEMENT AND ADMIN-
ISTRATION. 
(a) IN GENERAL.—Title VII of the Homeland Secu-
rity 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 sub-
title: 
‘‘Subtitle B—Security Clearances 
‘‘SEC. 711. DESIGNATION OF NATIONAL SECURITY SEN-
SITIVE AND PUBLIC TRUST POSITIONS. 
‘‘(a) IN GENERAL.—The Secretary shall require the 
designation of the sensitivity level of national security po-
sitions (pursuant to part 1400 of title 5, Code of Federal 
Regulations, or similar successor regulation) be conducted 
in a manner consistent with respect to all components and 
offices of the Department, and consistent with Federal 
guidelines. 
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‘‘(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 informa-
tion and eligibility to hold a national security position. 
‘‘SEC. 712. REVIEW OF POSITION DESIGNATIONS. 
‘‘(a) IN GENERAL.—Not later than July 6, 2019, 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 Regula-
tions, or similar successor regulation) at the Department. 
‘‘(b) DETERMINATION.—If during the course of a re-
view required under subsection (a), the Secretary deter-
mines 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 peri-
odic reinvestigation completed, as necessary. 
‘‘(c) CONGRESSIONAL REPORTING.—Upon comple-
tion of each review required under subsection (a), the Sec-
retary shall report to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
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Senate on the findings of each such review, including the 
number of positions by classification level and by compo-
nent 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 infor-
mation; 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 Fed-
eral Regulations, or similar successor regulation. 
‘‘SEC. 714. REPORTING. 
‘‘(a) IN GENERAL.—The Secretary shall annually 
through fiscal year 2024 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, rev-
ocations, and appeals of the eligibility for access to 
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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 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 such duration. 
‘‘(b) FORM.—Each 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 enact-
ment of this section, the Secretary, in consultation with 
the Homeland Security Advisory Committee, shall develop 
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a plan to achieve greater uniformity within the Depart-
ment with respect to the adjudication of eligibility of an 
individual for access to classified information that are con-
sistent 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 Sen-
ate the plan. The plan shall consider the following: 
‘‘(1) Mechanisms to foster greater compliance 
with the uniform Department adjudication, suspen-
sion, denial, and revocation standards by the head of 
each component and office of the Department with 
the authority to adjudicate access to classified infor-
mation. 
‘‘(2) The establishment of an internal appeals 
panel responsible for final national security clear-
ance denial and revocation determinations that is 
comprised of designees who are career, supervisory 
employees from components and offices of the De-
partment with the authority to adjudicate access to 
classified information and headquarters, as appro-
priate. 
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