[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2834

 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
     to establish a Security Clearance and Suitability Performance 
             Accountability Council and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2009

  Mr. Akaka (for himself and Mr. Voinovich) introduced the following 
  bill; which was read twice and referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                                 A BILL


 
 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
     to establish a Security Clearance and Suitability Performance 
             Accountability Council and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security Clearance Modernization and 
Reporting Act of 2009''.

SEC. 2. DEFINITIONS.

    Subsection (a) of section 3001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended--
            (1) in the matter preceding paragraph (1) by striking ``In 
        this section:'' and inserting ``Except as otherwise 
        specifically provided, in this title:'';
            (2) by redesignating paragraph (1) as paragraph (2);
            (3) by redesignating paragraph (2) as paragraph (5);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by redesignating paragraph (4) as paragraph (12);
            (6) by redesignating paragraph (5) as paragraph (10);
            (7) by redesignating paragraph (6) as paragraph (15);
            (8) by redesignating paragraph (7) as paragraph (14);
            (9) by redesignating paragraph (8) as paragraph (3);
            (10) by inserting before paragraph (2), as redesignated by 
        paragraph (2), the following:
            ``(1) Adjudication.--The term `adjudication' means the 
        evaluation of pertinent data in a background investigation and 
        any other available information that is relevant and reliable 
        to determine whether an individual is--
                    ``(A) suitable for Federal Government employment;
                    ``(B) eligible for logical and physical access to 
                federally controlled information systems;
                    ``(C) eligible for physical access to federally 
                controlled facilities;
                    ``(D) eligible for access to classified 
                information;
                    ``(E) eligible to hold a sensitive position; or
                    ``(F) fit to perform work for or on behalf of the 
                Federal Government as a contractor employee.'';
            (11) by inserting after paragraph (5), as redesignated by 
        paragraph (3), the following:
            ``(6) Classified information.--The term `classified 
        information' means information that has been determined, 
        pursuant to Executive Order 12958 (60 Fed. Reg. 19825) or a 
        successor or predecessor order, or the Atomic Energy Act of 
        1954 (42 U.S.C. 2011 et seq.), to require protection against 
        unauthorized disclosure.
            ``(7) Continuous evaluation.--The term `continuous 
        evaluation' means a review of the background of an individual 
        who has been determined to be eligible for access to classified 
        information (including additional or new checks of commercial 
        databases, Government databases, and other information lawfully 
        available to security officials) at any time during the period 
        of eligibility to determine whether that individual continues 
        to meet the requirements for eligibility for access to 
        classified information.
            ``(8) Contractor.--The term `contractor' means an expert or 
        consultant, who is not subject to section 3109 of title 5, 
        United States Code, to an agency, an industrial or commercial 
        contractor, licensee, certificate holder, or grantee of any 
        agency, including all subcontractors, a personal services 
        contractor, or any other category of person who performs work 
        for or on behalf of an agency and who is not an employee of an 
        agency.
            ``(9) Contractor employee fitness.--The term `contractor 
        employee fitness' means fitness based on character and conduct 
        for work for or on behalf of an agency as a contractor 
        employee.'';
            (12) by inserting after paragraph (10), as redesignated by 
        paragraph (6), the following:
            ``(11) Federally controlled facilities; federally 
        controlled information systems.--The term `federally controlled 
        facilities' and `federally controlled information systems' have 
        the meanings prescribed in guidance pursuant to the Federal 
        Information Security Management Act of 2002 (title III of 
        Public Law 107-347; 116 Stat. 2946), the amendments made by 
        that Act, and Homeland Security Presidential Directive 12, or 
        any successor Directive.'';
            (13) by inserting after paragraph (12), as redesignated by 
        paragraph (5), the following:
            ``(13) Logical access.--The term `logical access' means, 
        with respect to federally controlled information systems, 
        access other than occasional or intermittent access to 
        federally controlled information systems.''; and
            (14) by inserting after paragraph (15), as redesignated by 
        paragraph (7), the following:
            ``(16) Physical access.--The term `physical access' means, 
        with respect to federally controlled facilities, access other 
        than occasional or intermittent access to federally controlled 
        facilities.
            ``(17) Sensitive position.--The term `sensitive position' 
        means any position designated as a sensitive position under 
        Executive Order 10450 or any successor Executive Order.
            ``(18) Suitability.--The term `suitability' has the meaning 
        of that term in part 731, of title 5, Code of Federal 
        Regulations or any successor similar regulation.''.

SEC. 3. SECURITY CLEARANCE AND SUITABILITY DETERMINATION REPORTING.

    (a) Extension of Reporting Requirements.--Paragraph (1) of section 
3001(h) of the Intelligence Reform and Terrorism Prevention Act of 2004 
(50 U.S.C. 435b(h)) is amended by striking ``through 2011,'' and 
inserting ``until the earlier of the date that is 2 years after the 
date that the Comptroller General of the United States has removed all 
items related to security clearances from the list maintained by the 
Comptroller General known as the High-Risk List or 2017,''.
    (b) Reports on Security Clearance Review Processes.--Paragraph (2) 
of such section 3001(h) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (E) and (F), respectively; and
            (2) by striking subparagraph (A) and inserting the 
        following:
            ``(A) a description of the full range of time required to 
        complete initial clearance applications, including time 
        required by each authorized investigative agency and each 
        authorized adjudicative agency--
                    ``(i) to respond to requests for security 
                clearances for individuals, including the periods 
                required to initiate security clearance investigations, 
                conduct security clearance investigations, deliver 
                completed investigations to the requesting agency, 
                adjudicate such requests, make final determinations on 
                such requests, and notify individuals and individuals' 
                employers of such determinations, from date of 
                submission of the requests to the date of the ultimate 
                disposition of the requests and notifications, 
                disaggregated by the type of security clearance, 
                including Secret, Top Secret, and Top Secret with 
                Special Program Access, including sensitive 
                compartmented information clearances--
                            ``(I) for civilian employees of the United 
                        States;
                            ``(II) for members of the Armed Forces of 
                        the United States; and
                            ``(III) for contractor employees; and
                    ``(ii) to conduct investigations for suitability 
                determinations for individuals from successful 
                submission of applications to ultimate disposition of 
                applications and notifications to the individuals--
                            ``(I) for civilian employees of the United 
                        States;
                            ``(II) for members of the Armed Forces of 
                        the United States; and
                            ``(III) for contractor employees;
            ``(B) a listing of the agencies and departments of the 
        United States that have established and utilize policies to 
        accept all security clearance background investigations and 
        determinations completed by an authorized investigative agency 
        or authorized adjudicative agency;
            ``(C) a description of the progress in implementing the 
        strategic plan referred to in section 3004; and
            ``(D) a description of the progress made in implementing 
        the information technology strategy referred to in section 
        3005;''.

SEC. 4. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE ACCOUNTABILITY 
              COUNCIL.

    Title III of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 435b et seq.) is amended by adding at the end the 
following new section:

``SEC. 3003. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE 
              ACCOUNTABILITY COUNCIL.

    ``(a) Establishment.--There is established a Security Clearance and 
Suitability Performance Accountability Council (hereinafter referred to 
as the `Council').
    ``(b) Chair.--
            ``(1) Designation.--The Deputy Director for Management, 
        Office of Management and Budget, shall serve as Chair of the 
        Council.
            ``(2) Authority.--The Chair of the Council shall have 
        authority, direction, and control over the functions of the 
        Council.
    ``(c) Vice Chair.--The Chair of the Council shall select a Vice 
Chair to act in the Chair's absence.
    ``(d) Membership.--
            ``(1) In general.--The members of the Council shall 
        include--
                    ``(A) the Chair of the Council; and
                    ``(B) an appropriate senior officer from each of 
                the following:
                            ``(i) The Office of the Director of 
                        National Intelligence.
                            ``(ii) The Department of Defense.
                            ``(iii) The Office of Personnel Management.
            ``(2) Other members.--The Chair of the Council may 
        designate appropriate employees of other agencies or 
        departments of the United States as members of the Council.
    ``(e) Duties.--The Council shall--
            ``(1) ensure alignment of suitability, security, and, as 
        appropriate, contractor employee fitness, investigative, and 
        adjudicative processes;
            ``(2) ensure alignment of investigative requirements for 
        suitability determinations and security clearances to reduce 
        duplication in investigations;
            ``(3) oversee the establishment of requirements for 
        enterprise information technology;
            ``(4) oversee the development of techniques and tools, 
        including information technology, for enhancing background 
        investigations and eligibility determinations and ensure that 
        such techniques and tools are utilized;
            ``(5) ensure that each agency and department of the United 
        States establishes and utilizes policies for ensuring 
        reciprocal recognition of clearances that allow access to 
        classified information granted by all other agencies and 
        departments;
            ``(6) ensure sharing of best practices among agencies and 
        departments of the United States;
            ``(7) hold each agency and department of the United States 
        accountable for the implementation of suitability, security, 
        and, as appropriate, contractor employee fitness processes and 
        procedures; and
            ``(8) hold each agency and department of the United States 
        accountable for recognizing clearances that allow access to 
        classified information granted by all other agencies and 
        departments of the United States.
    ``(f) Assignment of Duties.--The Chair may assign, in whole or in 
part, to the head of any agency or department of the United States, 
solely or jointly, any duty of the Council relating to--
            ``(1) alignment and improvement of investigations and 
        determinations of suitability;
            ``(2) determinations of contractor employee fitness; and
            ``(3) determinations of eligibility--
                    ``(A) for logical access to federally controlled 
                information systems;
                    ``(B) for physical access to federally controlled 
                facilities;
                    ``(C) for access to classified information; or
                    ``(D) to hold a sensitive position.''.

SEC. 5. STRATEGIC PLAN FOR REFORM.

    Title III of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 435b et seq.), as amended by section 4, is further 
amended by adding at the end the following new section:

``SEC. 3004. SECURITY CLEARANCE AND SUITABILITY REFORM STRATEGIC PLAN.

    ``(a) Requirement for Plan.--Not later than 90 days after the date 
of the enactment of the Security Clearance Modernization and Reporting 
Act of 2009, the Security Clearance and Suitability Performance 
Accountability Council established in section 3003 shall develop a 
strategic plan that identifies the causes of problems with the issuance 
of security clearances and a description of actions to be taken to 
correct such problems.
    ``(b) Contents.--The plan required by subsection (a) shall include 
a description of--
            ``(1) the clear mission and strategic goals of the plan;
            ``(2) performance measures to be used to determine the 
        effectiveness of security clearance procedures, including 
        measures for the quality of security clearance investigations 
        and adjudications;
            ``(3) a formal communications strategy related to the 
        issuance of security clearances;
            ``(4) the roles and responsibilities for agencies 
        participating in security clearance reform efforts; and
            ``(5) the long-term funding requirements for security 
        clearance reform efforts.
    ``(c) Submission to Congress.--The plan required by subsection (a) 
shall be submitted to the appropriate committees of Congress.
    ``(d) Government Accountability Office Review.--The plan required 
by subsection (a) shall be reviewed by the Comptroller General of the 
United States following its submission to the appropriate committees of 
Congress under subsection (c).''.

SEC. 6. INFORMATION TECHNOLOGY STRATEGY.

    Title III of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 435b et seq.), as amended by sections 4 and 5, is 
further amended by adding at the end the following new section:

``SEC. 3005. INFORMATION TECHNOLOGY STRATEGY.

    ``(a) Requirement for Strategy.--Not later than 120 days after the 
date of the enactment of the Security Clearance Modernization and 
Reporting Act of 2009, the Director of the Office of Management and 
Budget shall submit to the appropriate committees of Congress an 
information technology strategy that describes the plans to expedite 
investigative and adjudicative processes, verify standard information 
submitted as part of an application for a security clearance, and 
provide security clearance and suitability determination reform 
consistent with the strategy required by section 3004(a), by carrying 
out the Enterprise Information Technology Strategy referred to in the 
Report of the Joint Security and Suitability Reform Team, dated 
December 30, 2008.
    ``(b) Content.--The strategy required by subsection (a) shall 
include--
            ``(1) a description of information technology required to 
        request a security clearance or suitability investigation;
            ``(2) a description of information technology required to 
        apply for a security clearance or suitability investigation;
            ``(3) a description of information technology systems 
        needed to support such investigations;
            ``(4) a description of information technology required to 
        transmit common machine readable investigation files to 
        agencies for adjudication;
            ``(5) a description of information technology required to 
        support agency adjudications of security clearance and 
        suitability determinations;
            ``(6) a description of information technology required to 
        support continuous evaluations;
            ``(7) a description of information technology required to 
        implement a single repository containing all security clearance 
        and suitability determinations of each agency and department of 
        the United States that is accessible by each such agency and 
        department in support of ensuring reciprocal recognition of 
        access to classified information among such agencies and 
        departments;
            ``(8) a description of the efforts of the Security 
        Clearance and Suitability Performance Council established in 
        section 3003, and each of the Department of Defense, the Office 
        of Personnel Management, and the Office of the Director of 
        National Intelligence to carry out the strategy submitted under 
        subsection (a);
            ``(9) the plans of the agencies and departments of the 
        United States to develop, implement, fund, and provide 
        personnel to carry out the strategy submitted under subsection 
        (a);
            ``(10) cost estimates to carry out the strategy submitted 
        under subsection (a); and
            ``(11) a description of the schedule for carrying out the 
        strategy submitted under subsection (a).''.

SEC. 7. TECHNICAL AND CLERICAL AMENDMENTS.

            (1) Technical correction.--The table of contents in section 
        1(b) of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458; 118 Stat. 3638) is amended by adding 
        after the item relating to section 3001 the following:

``Sec. 3002. Security clearances; limitations.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Intelligence Reform and Terrorism Prevention Act of 
        2004, as amended by paragraph (1), is further amended by adding 
        after the item relating to section 3002, as added by such 
        paragraph, the following:

``Sec. 3003. Security Clearance and Suitability Performance 
                            Accountability Council.
``Sec. 3004. Security clearance and suitability reform strategic plan.
``Sec. 3005. Information technology strategy.''.
                                 <all>