119-HR4137

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4137

1. Short title
2. Annual report by Secretary of State on certain adverse security clearance adjudications

1. Short title

This Act may be cited as the "Transparency in Security Clearance Denials Act".

2. Annual report by Secretary of State on certain adverse security clearance adjudications

(a) Report - Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains, with respect to the 1-year period ending on the date of the submission of the report, the following:

(1) - For each type of covered adjudicative outcome, the number of individuals who received such outcome from the Assistant Secretary of State for Diplomatic Security.

(2) - The number of individuals who submitted to the Assistant Secretary of State for Diplomatic Security an appeal with respect to a covered adjudicative outcome, disaggregated by whether the appeal related to assignment restrictions or assignment reviews.

(3) - The success rate of such appeals.

(4) - A description of the considerations and criteria used by such employees to determine whether a covered adjudicative outcome is warranted.

(b) Disaggregation of data - The data specified in paragraphs (1) through (3) of subsection (a) shall also be disaggregated by the following:

(1) - Position held by the individual, including by the following:

(A) - Foreign Service officer.

(B) - Civil service employee.

(C) - Other position.

(2) - Ethnicity, national origin, and race, to the extent such information is available.

(3) - Gender, to the extent such information is available.

(c) Initial report scope - Notwithstanding the 1-year period described in subsection (a), the first report submitted pursuant to the requirements of that section shall be with respect to the period beginning on January 1, 2024, and ending on the date of the submission of such first report.

(d) Definitions - In this section:

(1) Continuous vetting - The term "continuous vetting" has the meaning given that term in section 6601 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352).

(2) Covered adjudicative outcome - The term "covered adjudicative outcome" means the following:

(A) - With respect to an initial security clearance background investigation, an adjudication that was unfavorable and resulted in a denial, suspension, or revocation of a security clearance.

(B) - With respect to a periodic reinvestigation, an adjudication that was unfavorable and resulted in a denial, suspension, or revocation of a security clearance.

(C) - With respect to a program of continuous vetting, a denial, suspension, or revocation of a security clearance taken by an authorized adjudicative agency as a result of such continuous vetting.

(3) Periodic reinvestigation - The term "periodic reinvestigation" has the meaning given that terms in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341).