[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6374 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6374


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 To require the Department of Homeland Security to streamline Federal 
       contractor fitness determinations, 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 ``Fitness Information Transparency Act 
of 2018'' or the ``FIT Act''.

SEC. 2. REQUIREMENT TO STREAMLINE FITNESS DETERMINATIONS.

    (a) Consolidation of Fitness Standards.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Chief Security Officer of the Department 
of Homeland Security, shall--
            (1) coordinate with the heads of components of the 
        Department to review and consolidate all Federal contractor 
        fitness standards used by the Department and its components in 
        order to issue a uniform set of fitness standards that reflect 
        public trust concerns which correspond to each position risk 
        level;
            (2) require the Department and the heads of its components 
        to use such uniform fitness standards that correspond to the 
        relevant position risk level as the basis for fitness 
        determinations for a contractor employee; and
            (3) publish such uniform fitness standards that correspond 
        to each such position risk level on the public website of the 
        Department and cause the same to be printed in the Federal 
        Register.
    (b) Deviation From Uniform Fitness Standards.--The Secretary of 
Homeland Security, acting through the Chief Security Officer of the 
Department of Homeland Security, may authorize the Department or a 
component of the Department to deviate from the uniform fitness 
standards issued pursuant to subsection (a) on a position-by-position 
basis if--
            (1) the Secretary publishes in writing on the public 
        website of the Department and causes the same to be printed in 
        the Federal Register a certification that contains--
                    (A) a determination that such uniform fitness 
                standards are not sufficient to protect information, 
                systems, or facilities of the Department the 
                unauthorized disclosure of which or unauthorized access 
                to which could reasonably be expected to cause 
                substantial damage to the integrity and efficiency of 
                the Department; and
                    (B) a description of approved additional fitness 
                standards and a list to which positions such deviation 
                applies; or
            (2) exigent circumstances created by a presidential 
        declaration of a major disaster issued pursuant to section 401 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170) require such deviation to 
        mitigate staffing shortages for the duration of such 
        declaration.
    (c) Reciprocity.--
            (1) In general.--The Chief Security Officer of the 
        Department of Homeland Security shall implement a process to 
        ensure fitness determinations made by the Department are 
        uniformly accepted throughout the Department and its 
        components.
            (2) Sufficiency.--The Secretary of Homeland Security, 
        acting through the Chief Security Officer of the Department of 
        Homeland Security, may, as appropriate, deem a favorably 
        adjudicated personnel security investigation sufficient to 
        satisfy a requirement to complete a contractor fitness 
        determination under this section.
    (d) Fitness Adjudication Status Updates.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Chief Security Officer of the Department 
of Homeland Security and in coordination with heads of the components 
of the Department, shall implement a uniform process to--
            (1) provide, not less frequently than monthly, contractor 
        representatives certified pursuant to subsection (e)(1) access 
        to information regarding the status of fitness determinations 
        for Department contractor employees relevant to such contractor 
        representatives; and
            (2) collect each fiscal quarter data to allow the 
        Department and its components and contractor representatives to 
        assess average fitness investigation, adjudication, and 
        determination processing times for each component of the 
        Department, including information regarding the parameters used 
        to calculate each such average.
    (e) Certification.--Before the implementation of the uniform 
process described in subsection (d), the Secretary of Homeland 
Security, acting through the Chief Security Officer of the Department 
of Homeland Security, shall--
            (1) certify that each contractor representative receiving 
        information from such process has received information 
        regarding practices relating to the adequate protection of 
        personally identifiable information and has acknowledged in 
        writing to adhere to such practices; and
            (2) consult with the Director of the Office of Personnel 
        Management to ensure that such process is consistent with 
        current best practices across the Federal Government.
    (f) Applicability of Section 44936 of Title 49, United States 
Code.--No authority or policy created by or issued pursuant to this 
section shall apply to employees or contractors of an air carrier, 
foreign air carrier, or airport operator subject to employment 
investigations pursuant to section 44936 of title 49, United States 
Code.
    (g) Reports to Congress.--Not later than 180 days after the 
publication of uniform fitness standards described in subsection (a) 
and annually thereafter for four years, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Security and the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report containing--
            (1) the number of deviation requests under subsection (b) 
        made to the Chief Security Officer of the Department of 
        Homeland Security, including--
                    (A) the number of deviation requests approved and 
                the corresponding justification for each such deviation 
                from such fitness standards; and
                    (B) the number of deviation requests denied and the 
                corresponding justification for each such denial;
            (2) information regarding the number and average duration 
        of Federal contractor fitness determinations for each component 
        of the Department;
            (3) information regarding the use of programs or policies 
        that allow contractors to begin work prior to the completion of 
        a fitness determination;
            (4) to the extent practicable, the number of individuals 
        who, during the preceding calendar year, received an 
        unfavorable fitness determination from the Department by reason 
        of an affiliation with or membership in an organization 
        dedicated to terrorism;
            (5) to the extent practicable, the number of individuals 
        who, during the preceding calendar year, received a favorable 
        fitness determination from the Department despite an 
        affiliation with or membership in an organization dedicated to 
        terrorism;
            (6) information regarding the degree to which fitness 
        determinations made by the Department and its components or 
        other Federal agencies are recognized on a reciprocal basis by 
        the Department and its components pursuant to subsection 
        (c)(1);
            (7) information regarding the degree to which suitability 
        and fitness determinations for Federal applicants and 
        appointees made by the Department and its components or other 
        Federal agencies are recognized on a reciprocal basis by the 
        Department and its components; and
            (8) information regarding the degree to which the 
        Secretary, acting through the Chief Security Officer of the 
        Department, uses the authority under subsection (c)(2).
    (h) Suitability Status Updates.--Not later than 1 year after the 
date of the enactment of this Act, the Chief Security Officer of the 
Department of Homeland Security, in consultation with the Chief Human 
Capital Officer of the Department, shall develop a plan to provide 
Federal applicants and appointees with suitability and fitness 
determination status updates similar to updates provided to contractor 
representatives under subsection (d).
    (i) Exigent Circumstances Fitness Determination Review.--The Chief 
Security Officer of the Department of Homeland Security may conduct an 
immediate review of a contractor employee's fitness determination when 
a contractor employee has engaged in violent acts against individuals, 
property, or public spaces based on the contractor employee's 
association with persons or organizations that advocate, threaten, or 
use force or violence, or any other illegal or unconstitutional means, 
in an effort to prevent others from exercising their rights under the 
Constitution or laws of the United States or of any State, based on 
factors including, at a minimum, race, religion, national origin, or 
disability.
    (j) No Additional Funds Authorized.--No additional funds are 
authorized to be appropriated to carry out this Act. This Act shall be 
carried out using amounts otherwise appropriated.
    (k) Definitions.--In this section:
            (1) Contractor.--The term ``contractor'' has the meaning 
        given such term in section 7101 of title 41, United States 
        Code.
            (2) Contractor employee.--The term ``contractor employee'' 
        means an individual who performs work for or on behalf of any 
        Federal agency under a contract and who, in order to perform 
        the work specified under such contract, will require access to 
        facilities, information, information technology systems, staff, 
        or other assets of the Department of Homeland Security, and who 
        could, by the nature of the access or duties of such 
        individual, adversely affect the integrity or efficiency of the 
        Department. Such contracts include the following:
                    (A) Personal services contracts.
                    (B) Contracts between any non-Federal entity and 
                the Department.
                    (C) Sub-contracts between any non-Federal entity 
                and another non-Federal entity to perform work related 
                to the primary contract with the Department.
            (3) Contractor representative.--The term ``contractor 
        representative'' means a person employed by a contractor who is 
        designated in writing by an authorized official of a contractor 
        as responsible for managing and communicating with the 
        Department of Homeland Security or its components on behalf of 
        such contractor on matters relating to fitness determinations, 
        and is certified pursuant to subsection (e)(1) regarding the 
        adequate protection of personally identifiable information.
            (4) Excepted service.--The term ``excepted service'' has 
        the meaning given such term in section 2103 of title 5, United 
        States Code.
            (5) Fitness.--The term ``fitness'' means the level of 
        character and conduct necessary for an individual to perform 
        work for or on behalf of a Federal agency in the excepted 
        service, other than a position subject to a suitability 
        determination or as a nonappropriated fund instrumentality 
        employee.
            (6) Fitness determination.--The term ``fitness 
        determination'' means a decision by a Federal agency that an 
        individual does or does not have the required level of 
        character and conduct necessary to perform work for or on 
        behalf of a Federal agency in the excepted service, other than 
        a position subject to a suitability determination, as a 
        contractor employee, or as a nonappropriated fund 
        instrumentality employee.
            (7) Information technology.--The term ``information 
        technology'' has the meaning given such term in section 11101 
        of title 40, United States Code.
            (8) Nonappropriated fund instrumentality employee.--The 
        term ``nonappropriated fund instrumentality employee'' has the 
        meaning given such term in section 1587(a)(1) of title 10, 
        United States Code.
            (9) Personnel security investigation.--The term ``personnel 
        security investigation'' has the meaning given such term in 
        subsection (a) of section 3001 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (50 U.S.C. 3341).
            (10) Suitability determination.--The term ``suitability 
        determination'' has the meaning given such term in section 
        731.101 of title 5, Code of Federal Regulations.
            (11) Terrorism.--The term ``terrorism'' means any criminal 
        acts that involve violence or are dangerous to human life and 
        appear to be intended to intimidate or coerce a civilian 
        population to influence the policy of a government by 
        intimidation or coercion, or to affect the conduct of a 
        government by mass destruction, assassination, or kidnapping.

            Passed the House of Representatives September 4, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.