Streamlining Homeland Security’s Security Clearance Process (H.R. 424)

What is H.R. 424?

(Updated September 2, 2019)

This bill would aim to improve the process for granting security clearances to Dept. of Homeland Security (DHS) employees. It’d amend the Homeland Security Act of 2002 to require that the designation of the sensitivity level of national security positions be conducted in a consistent manner in all DHS components and offices, consistent with federal guidelines. DHS must use uniform designation tools throughout DHS and provide training to appropriate staff.

DHS would be required to: 1) review all sensitivity level designations of national security positions at DHS; 2) adjust access if it determines that changes in sensitivity levels are warranted; and 3) report on positions requiring access to classified information, no longer requiring access, or requiring a different level of access. It’d also be required to submit an annual report on the denials, suspensions, revocations, and appeals of an individual’s eligibility for access to classified DHS information.

The DHS Inspector General would be required to conduct regular audits of DHS’ compliance with regulations governing security designations.

Finally, this bill would require DHS to develop a plan to achieve greater uniformity regarding the adjudication of an individual’s eligibility for access to classified information and ensure that all information received for such adjudication is protected against misappropriation. DHS’ plan would be required to consider the establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations.

Argument in favor

Homeland Security’s current security clearance process is complex, cumbersome, and opaque. This bill would force DHS to be more thoughtful about what information should and shouldn’t be classified at the organization and how it manages its security clearance process.

Argument opposed

While it’s true that Homeland Security’s security clearance process is slow-moving, it’s for a good reason. Given the nature of DHS’ work, it’s important to ensure that those who access DHS information are can be trusted to put America’s interests and national security first.

Impact

DHS employees; DHS; and the DHS Inspector General.

Cost of H.R. 424

When this bill was introduced in the 114th Congress, the CBO estimated that implementing it would cost about $1 million over the four-year period from 2016-2020.

Additional Info

In-Depth: Rep. Bennie Thompson (D-MS) reintroduced this bill from the 115th Congress to streamline the security clearance process at DHS. When this bill passed the House in the 115th Congress, Rep. Thompson said:

“This legislation passed today seeks to improve how DHS manages its clearance process at all stages—from decisions on whether to designate positions as requiring clearances to ensuring uniformity in how clearances are adjudicated, suspended, denied, and revoked. My bill will make DHS a leader among Federal agencies with respect to security clearance and position designations practices. It is critical we put DHS on a path to right-sizing the number of classified positions in its workforce.  I thank my colleagues for supporting it and urge the Senate to recognize the necessity to pass this legislation.”

In the current Congress, this bill has one cosponsor, Rep. Mike Rogers (R-AL). In the previous Congress, it passed the House by a voice vote with no cosponsors. It also passed the House in the 114th Congress. In each of the past two Congresses, it hasn’t passed in the Senate.

Of Note: In March 2018, the House Homeland Security Committee’s Oversight and Management Efficiency subcommittee held a hearing on the security clearance process at DHS. A panel of experts with experience working in and around government highlighted DHS’ failures to offer timely suitability determinations, meaning that it may take months for candidates to know if they’d even be considered for positions. Multiple panelists suggested:

• Eliminating fitness requirements to individuals who already have a security clearance; Creating uniform fitness and suitability standards across DHS;

• Mandating suitability reciprocity across organizations in the federal government; and

• Creating department-wide standards for all suitability determinations at DHS.

Media:

• House Homeland Security Committee Press Release (115th Congress)

• CBO Cost Estimate (114th Congress)