[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3210 Reported in Senate (RS)]
<DOC>
Calendar No. 264
115th CONGRESS
1st Session
H. R. 3210
[Report No. 115-185]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2017
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
November 27, 2017
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To require the Director of the National Background Investigations
Bureau to submit a report on the backlog of personnel security
clearance investigations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Securely Expediting
Clearances Through Reporting Transparency Act of 2017'' or the ``SECRET
Act of 2017''.</DELETED>
<DELETED>SEC. 2. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
INVESTIGATIONS.</DELETED>
<DELETED> Not later than 90 days after the date of enactment of this
Act, and quarterly thereafter for 5 years, the Director of the National
Background Investigations Bureau of the Office of Personnel Management
shall submit to Congress a report on the backlog of security clearance
investigations that includes--</DELETED>
<DELETED> (1) the size of the personnel security clearance
investigation process backlog; and</DELETED>
<DELETED> (2) the average length of time, for each
sensitivity level, to carry out an initial investigation and a
periodic investigation.</DELETED>
<DELETED>SEC. 3. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF
PERSONNEL OF THE EXECUTIVE OFFICE OF THE
PRESIDENT.</DELETED>
<DELETED> Not later than 90 days after the date of enactment of this
Act, the Director of the National Background Investigations Bureau of
the Office of Personnel Management shall submit to Congress a report
that explains the process for conducting and adjudicating security
clearance investigations for personnel of the Executive Office of the
President, including White House personnel.</DELETED>
<DELETED>SEC. 4. REPORT ON DUPLICATIVE COSTS.</DELETED>
<DELETED> Not later than 120 days after the date of enactment of
this Act, the Director of the National Background Investigations Bureau
of the Office of Personnel Management shall submit to Congress a report
on the cost of duplicating resources under the control or direction of
the National Background Investigations Bureau for implementation of the
plan referenced in section 951(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 1564 note).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securely Expediting Clearances
Through Reporting Transparency Act of 2017'' or the ``SECRET Act of
2017''.
SEC. 2. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
INVESTIGATIONS.
Not later than 90 days after the date of enactment of this Act, and
quarterly thereafter for 5 years, the Director of the National
Background Investigations Bureau of the Office of Personnel Management
shall submit to Congress a report on the backlog of security clearance
investigations that includes, for the most recent full calendar
quarter--
(1) the size of the personnel security clearance
investigation process backlog, including, for each sensitivity
level--
(A) the number of interim clearances granted;
(B) the number of initial investigations for
Federal employees;
(C) the number of periodic reinvestigations for
Federal employees;
(D) the number of initial investigations for
employees of Federal contractors;
(E) the number of periodic reinvestigations for
employees of Federal contractors;
(F) the number of initial investigations for
employees of, and employees of contractors of, the
Department of Defense;
(G) the number of periodic reinvestigations for
employees of and employees of contractors of the
Department of Defense;
(H) the number of Federal employees conducting
background investigations; and
(I) the number of employees of Federal contractors
conducting background investigations;
(2) the average length of time, for each sensitivity level,
to carry out an initial investigation and a periodic
reinvestigation;
(3) a discussion of the factors contributing to the average
length of time to carry out an initial investigation and a
periodic reinvestigation;
(4) a backlog mitigation plan, which shall include--
(A) the identification of the cause of, and
recommendations to remedy, the backlog;
(B) the steps the Director shall take to reduce the
backlog;
(C) process reforms to improve efficiencies in, and
the quality of, background investigations; and
(D) a projection of when the backlog will be
sufficiently reduced to meet required timeliness
standards; and
(5) a description of improvements in information and data
security.
SEC. 3. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PERSONNEL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Administration of the Executive Office of the
President shall submit to Congress a report that explains the process
for conducting and adjudicating security clearance investigations for
personnel of the Executive Office of the President, including White
House personnel.
SEC. 4. REPORT ON DUPLICATIVE COSTS.
Not later than 120 days after the date of enactment of this Act,
the Director of the Office of Management and Budget, in consultation
with the other members of the Suitability and Security Clearance
Performance Accountability Council established under Executive Order
13467 (73 Fed. Reg. 38103), shall submit to Congress a report on the
cost of duplicating resources under the control or direction of the
National Background Investigations Bureau for implementation of the
plan referenced in section 951(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 1564 note).
SEC. 5. REPORT ON CONTINUOUS EVALUATION AND RECIPROCITY.
Not later than 120 days after the date of enactment of this Act,
the Director of National Intelligence and the Director of the Office of
Personnel Management shall submit to Congress a report that provides--
(1) the status of implementing continuous evaluation
Governmentwide, including--
(A) the number of agencies with continuous
evaluation programs and how many of those programs are
currently meeting the investigative standards;
(B) a risk assessment of replacing current
reinvestigation requirements with continuous evaluation
programs by 2020;
(C) a discussion of the barriers for agencies to
implement continuous evaluation programs, including any
requirement under a statute, regulation, Executive
Order, or other administrative requirement; and
(D) plans, including timelines, for implementing
continuous evaluation Governmentwide and phasing out
periodic reinvestigations;
(2) a detailed explanation of efforts by agencies to meet
requirements for reciprocal recognition to access classified
information, including--
(A) the range of the length of time for agencies to
grant reciprocal recognition to access classified
information;
(B) additional requirements for reinvestigations or
readjudications, by agency; and
(C) any other barriers to the timely granting of
reciprocity, by agency, including any requirement under
a statute, regulation, Executive Order, or other
administrative requirement;
(3) recommendations, including timelines, to improve the
background investigation process to--
(A) simplify the Questionnaire for National
Security Positions (Standard Form 86) and increase
customer support for applicants completing such
questionnaire;
(B) use remote and virtual techniques and
centralized locations during field investigation work;
(C) use secure and reliable digitization of
information obtained during the clearance process; and
(D) build the capacity of the background
investigation labor sector; and
(4) a review of whether the schedule for processing
security clearances under section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341)
should be modified.
SEC. 6. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term in
Executive Order 13467 (73 Fed. Reg. 38103), or any successor
thereto;
(2) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Oversight and Government
Reform and the Permanent Select Committee on
Intelligence of the House of Representatives;
(3) the term ``background investigation'' means any
investigation required for the purpose of determining the--
(A) eligibility of a covered individual for logical
and physical access to Federally controlled facilities
or information systems;
(B) suitability or fitness of a covered individual
for Federal employment;
(C) eligibility of a covered individual for access
to classified information or to hold a national
security sensitive position; or
(D) fitness of a covered individual to perform work
for or on behalf of the United States Government as a
contractor employee; and
(4) the term ``covered individual'' means an individual
who--
(A) performs work for or on behalf of an agency; or
(B) seeks to perform work for or on behalf of an
agency.
(b) Review and Updating.--
(1) Initial review and update of guidance.--Not later than
180 days after the date of enactment of this Act, the President
shall review and, if appropriate, update the guidance the
President issues to assist agencies in determining--
(A) position sensitivity designation; and
(B) the appropriate background investigation to
initiate for each position designation.
(2) Reviews and revisions of position designations.--Not
less frequently than every 4 years, the President, acting
through relevant agencies (as determined by the President) and
in accordance with the guidance described in paragraph (1),
shall review and, if necessary, revise the position designation
of positions within agencies.
(c) Reports to Congress.--Not later than 30 days after completing a
review under subsection (b)(2), the President shall submit to the
appropriate congressional committees a report on--
(1) any issues identified in the review; and
(2) the number of position designations revised as a result
of the review.
(d) No Change in Authority.--Nothing in this section limits or
expands the authority of any agency to designate a position as
sensitive or as requiring its occupant to have access to classified
information.
Calendar No. 264
115th CONGRESS
1st Session
H. R. 3210
[Report No. 115-185]
_______________________________________________________________________
AN ACT
To require the Director of the National Background Investigations
Bureau to submit a report on the backlog of personnel security
clearance investigations, and for other purposes.
_______________________________________________________________________
November 27, 2017
Reported with an amendment