Transparency in Security Clearance Denials Act
- Bill Number
- H.R. 4137
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-06-25: Referred to the House Committee on Foreign Affairs.
- Last Updated
- 2025-07-25T15:36:59Z
AI-Generated Summary
Purpose
This legislation aims to enhance transparency regarding adverse security clearance decisions within the Department of State by mandating annual reports on denials, suspensions, and revocations.
Key Provisions
- Requires the Secretary of State to submit an annual report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations, starting within 90 days of enactment and continuing each year thereafter.
- The report must cover the prior one-year period and include:
- Counts of individuals receiving unfavorable adjudications (denial, suspension, or revocation) for initial investigations, periodic reinvestigations, and continuous vetting processes, handled by the Assistant Secretary for Diplomatic Security.
- Numbers of appeals submitted, broken down by those related to assignment restrictions versus assignment reviews.
- Success rates of those appeals.
- Descriptions of the criteria and considerations used to decide on adverse outcomes.
- Data in the report must be disaggregated by:
- Position type (Foreign Service officer, civil service employee, or other).
- Ethnicity, national origin, and race (where available).
- Gender (where available).
- The initial report covers the period from January 1, 2024, to the submission date.
- Defines key terms by referencing existing laws: "continuous vetting" from the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act, "periodic reinvestigation" from the Intelligence Reform and Terrorism Prevention Act, and "covered adjudicative outcome" as unfavorable results leading to clearance actions.
Significant Changes to Existing Law
This bill introduces a new mandatory annual reporting requirement for the Secretary of State on security clearance adjudications, which did not previously exist in this specific form. It does not amend or repeal any prior statutes but adds oversight obligations tied to existing definitions from intelligence and terrorism prevention laws.
Potential Impacts
- On government agencies: Increases administrative workload for the Department of State, particularly the Bureau of Diplomatic Security, in compiling and submitting detailed data.
- On citizens: Provides greater visibility into clearance processes for State Department employees and applicants, potentially aiding those facing adverse decisions through appeals data.
- On international relations: Limited direct effects, though enhanced transparency in handling clearances for Foreign Service personnel could indirectly influence diplomatic staffing and assignments abroad.
Main Stakeholders Affected
- Department of State employees, including Foreign Service officers and civil service staff subject to security clearances.
- Congressional committees (House Foreign Affairs and Senate Foreign Relations) receiving the reports.
- The Assistant Secretary for Diplomatic Security and related adjudicative personnel.
- Individuals undergoing initial or ongoing security reviews at the State Department.
Notable Legal, Constitutional, or Political Implications
The bill promotes congressional oversight without raising apparent constitutional conflicts, as it focuses on internal reporting rather than altering individual rights. It may touch on privacy considerations due to demographic disaggregation requirements, but it remains neutral in its approach to data collection and does not mandate public release of the reports.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Castro, Joaquin [D-TX-20]
Recent Actions
- 2025-06-25: Referred to the House Committee on Foreign Affairs.
- 2025-06-25: Introduced in House
- 2025-06-25: Introduced in House
Bill Versions
- Transparency in Security Clearance Denials Act — issued 2025-06-25 — PDF (4 pages)