[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