Transparency in Security Clearance Denials Act
H.R. 7751118th Congress

Transparency in Security Clearance Denials Act

Introduced in the HouseRep. Ted Lieu (D-CA-36)20 sections · 1 min read
Version: Introduced in House · Mar 20, 2024

Section 1. Short title

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

(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, for the year covered by 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.

(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 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) 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).

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Transparency in Security Clearance Denials Act — Full text — Govroll