[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 314 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 314
To improve the processing and oversight by the Federal Government of
security clearances and background investigations, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2019
Mr. Warner introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
A BILL
To improve the processing and oversight by the Federal Government of
security clearances and background investigations, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Modernizing the
Trusted Workforce for the 21st Century Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reports and plans relating to security clearances and
background investigations.
Sec. 4. Improving the process for security clearances.
Sec. 5. Goals for promptness of determinations regarding security
clearances.
Sec. 6. Security Executive Agent.
Sec. 7. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 8. Report on clearance in person concept.
Sec. 9. Budget request documentation on funding for background
investigations.
Sec. 10. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 11. Intelligence community reports on security clearances.
Sec. 12. Periodic report on positions in the intelligence community
that can be conducted without access to
classified information, networks, or
facilities.
Sec. 13. Information sharing program for positions of trust and
security clearances.
Sec. 14. Report on protections for confidentiality of whistleblower-
related communications.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on Oversight and Reform of the
House of Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order 12829 (50 U.S.C.
3161 note; relating to National Industrial Security Program))
that is participating in the National Industrial Security
Program established by such Executive Order.
(3) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(4) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(5) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive Order, or any
successor entity.
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(7) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in accordance
with Executive Order 13467 (50 U.S.C. 3161 note; relating to
reforming processes related to suitability for Government
employment, fitness for contractor employees, and eligibility
for access to classified national security information), or any
successor entity.
SEC. 3. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND
BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security and
public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure standardization,
portability, and reciprocity in security clearances across the
Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the
background investigation inventory to 200,000, or an
otherwise sustainable steady-level, by the end of year
2020. Such plan shall include notes of any required
changes in investigative and adjudicative standards or
resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for
security clearances in the most effective and efficient
manner between the National Background Investigation
Bureau and the Defense Security Service, or a successor
organization. Such plan shall address required funding,
personnel, contracts, information technology, field
office structure, policy, governance, schedule,
transition costs, and effects on stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the
Council, shall submit to the appropriate congressional
committees and make available to appropriate industry
partners a report on the future of personnel security
to reflect changes in threats, the workforce, and
technology.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) A risk framework for granting and
renewing access to classified information.
(ii) A discussion of the use of
technologies to prevent, detect, and monitor
threats.
(iii) A discussion of efforts to address
reciprocity and portability.
(iv) A discussion of the characteristics of
effective insider threat programs.
(v) An analysis of how to integrate data
from continuous evaluation, insider threat
programs, and human resources data.
(vi) Recommendations on interagency
governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council, shall
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan to implement
the report's framework and recommendations submitted under
paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available to
the public a report regarding the status of the disposition of
requests received from departments and agencies of the Federal
Government for a change to, or approval under, the Federal
investigative standards, the national adjudicative guidelines,
continuous evaluation, or other national policy regarding
personnel security.
SEC. 4. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the members of the Council, shall submit to the appropriate
congressional committees and make available to appropriate industry
partners a report that includes the following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is unnecessary
to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect of
a holder of a security clearance becoming an insider threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National
Security Positions (Standard Form 86) and increasing
customer support to applicants completing such
Questionnaire;
(B) using remote techniques and centralized
locations to support or replace field investigation
work;
(C) using secure and reliable digitization of
information obtained during the clearance process;
(D) building the capacity of the background
investigation labor sector; and
(E) replacing periodic reinvestigations with
continuous evaluation techniques in all appropriate
circumstances.
(b) Policy, Strategy, and Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Security Executive
Agent shall, in coordination with the members of the Council, establish
the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security
clearances based on the mission the contractors will be
performing;
(B) standardization in the forms that agencies
issue to initiate the process for a security clearance;
(C) digitization of background investigation-
related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines
under Security Executive Agent Directive 4 (known as
the ``National Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across
agencies and departments of the United States,
regardless of status of periodic reinvestigation;
(G) tracking of clearance files as individuals move
from employment with an agency or department of the
United States to employment in the private sector;
(H) collection of timelines for movement of
contractors across agencies and departments;
(I) reporting on security incidents and job
performance, consistent with section 552a of title 5,
United States Code (commonly known as the ``Privacy Act
of 1974''), that may affect the ability to hold a
security clearance;
(J) any recommended changes to the Federal
Acquisition Regulations (FAR) necessary to ensure that
information affecting contractor clearances or
suitability is appropriately and expeditiously shared
between and among agencies and contractors; and
(K) portability of contractor security clearances
between or among contracts at the same agency and
between or among contracts at different agencies that
require the same level of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part
of a security clearance determination only on an as-
needed, risk-based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous
evaluation methods may be used to expedite or focus
reinvestigations; and
(C) provides an exception for certain populations
if the Security Executive Agent--
(i) determines such populations require
reinvestigations at regular intervals; and
(ii) provides written justification to the
appropriate congressional committees for any
such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks generated
pursuant to a security clearance applicant's employment with a
prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute for
a periodic investigation for continued access to classified
information.
SEC. 5. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY
CLEARANCES.
(a) Reciprocity Defined.--In this section, the term ``reciprocity''
means reciprocal recognition by Federal departments and agencies of
eligibility for access to classified information.
(b) In General.--The Council shall reform the security clearance
process with the objective that, by December 31, 2021, 90 percent of
all determinations, other than determinations regarding populations
identified under section 4(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or
fewer; and
(B) at the top secret level are issued in 90 days
or fewer; and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31, 2021,
reinvestigation on a set periodicity is not required for more than 10
percent of the population that holds a security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Council shall submit to the appropriate congressional
committees and make available to appropriate industry partners a plan
to carry out this section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c) for 2019,
2020, and 2021.
SEC. 6. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of 1947
(50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence, or such
other officer of the United States as the President may designate,
shall serve as the Security Executive Agent for all departments and
agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent are as
follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable, polygraphs
for eligibility for access to classified information or
eligibility to hold a sensitive position made by any Federal
agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies to
determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely, and
secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting as
the final authority to arbitrate and resolve disputes among
such agencies involving the reciprocity of investigations and
adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information or
eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in subsection
(b) or the authorities described in paragraphs (1) and (2),
provided that the exercise of such assigned duties or
authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions (including
approval by the Security Executive Agent) as the Security
Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--Not later
than 30 days after the date on which the Chairman of the Council
submits to the appropriate congressional committees the report required
by section 3(b)(2)(A), the Chairman shall submit to the appropriate
congressional committees such recommendations as the Chairman may have
for revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50
U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and
inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the matter
preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking
the items relating to sections 803 and 804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 7. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR
POSITIONS OF TRUST AND SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Suitability and Credentialing
Executive Agent, in coordination with the other members of the Council,
shall jointly submit to the appropriate congressional committees and
make available to appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the Government and
to industry of consolidating to not more than 3 tiers for positions of
trust and security clearances.
SEC. 8. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to reflect
the greater mobility of the modern workforce, alternative methodologies
merit analysis to allow greater flexibility for individuals moving in
and out of positions that require access to classified information,
while still preserving security.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to appropriate
industry partners a report that describes the requirements,
feasibility, and advisability of implementing a clearance in person
concept described in subsection (c).
(c) Clearance in Person Concept.--The clearance in person concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b) shall
address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to Government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 9. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND
INVESTIGATIONS.
(a) In General.--As part of the fiscal year 2020 budget request
submitted to Congress pursuant to section 1105(a) of title 31, United
States Code, the President shall include exhibits that identify the
resources expended by each agency during the prior fiscal year for
processing background investigations and continuous evaluation
programs, disaggregated by tier and whether the individual was a
Government employee or contractor.
(b) Contents.--Each exhibit submitted under subsection (a) shall
include details on--
(1) the costs of background investigations or
reinvestigations;
(2) the costs associated with background investigations for
Government or contract personnel;
(3) costs associated with continuous evaluation initiatives
monitoring for each person for whom a background investigation
or reinvestigation was conducted, other than costs associated
with adjudication;
(4) the average per person cost for each type of background
investigation; and
(5) a summary of transfers and reprogrammings that were
executed in the previous year to support the processing of
security clearances.
SEC. 10. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF
DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the term
``reciprocally recognized'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to classified
information.
(b) Reports to Security Executive Agent.--The head of each Federal
department or agency shall submit an annual report to the Security
Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally recognized
after such individuals move to another part of such department
or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each year, the
Security Executive Agent shall submit to the appropriate congressional
committees and make available to industry partners an annual report
that summarizes the information received pursuant to subsection (b)
during the period covered by such report.
SEC. 11. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at
the end;
(B) in subparagraph (B)(ii), by striking ``; and''
and inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later than March
1 of each year, the Director of National Intelligence shall submit a
report to the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, and the Committee
on Oversight and Reform of the House of Representatives regarding the
security clearances processed by each element of the intelligence
community during the preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives such portions of the report submitted under
subparagraph (A) as the Director determines address elements of the
intelligence community that are within the Department of Defense.
``(C) Each report submitted under this paragraph shall separately
identify security clearances processed for Federal employees and
contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1)(A) shall include,
for each element of the intelligence community for the fiscal year
covered by the report, the following:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number of such adjudications that
were adjudicated favorably and granted access to
classified information; and
``(ii) the total number of such adjudications that
were adjudicated unfavorably and resulted in a denial
or revocation of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice of
a determination provided to the existing employee, including--
``(i) the total number of such adjudications that
were adjudicated favorably; and
``(ii) the total number of such adjudications that
were adjudicated unfavorably and resulted in a denial
or revocation of a security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than
12 months.
``(iii) For 12 months or longer, but shorter than
18 months.
``(iv) For 18 months or longer, but shorter than 24
months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed
or pending during the year preceding the year for which the
report is submitted that have taken longer than 12 months to
complete--
``(i) an explanation of the causes for the delays
incurred during the period covered by the report; and
``(ii) the number of such delays involving a
polygraph requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that resulted
in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision on
potentially adverse information.
``(3) The report required under this subsection shall be submitted
in unclassified form, but may include a classified annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 12. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED
INFORMATION, NETWORKS, OR FACILITIES.
Not later than 180 days after the date of the enactment of this Act
and not less frequently than once every 5 years thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that reviews the intelligence
community for which positions can be conducted without access to
classified information, networks, or facilities, or may only require a
security clearance at the secret level.
SEC. 13. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall establish
and implement a program to share between and among agencies of
the Federal Government and industry partners of the Federal
Government relevant background information regarding
individuals applying for and currently occupying national
security positions and positions of trust, in order to ensure
the Federal Government maintains a trusted workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability and Credentialing Executive Agent shall ensure that the
Program includes such safeguards for privacy as the Security Executive
Agent and the Suitability and Credentialing Executive Agent consider
appropriate.
(c) Provision of Information to the Federal Government.--The
Program shall include requirements that enable investigative service
providers and agencies of the Federal Government to leverage certain
pre-employment information gathered during the employment or military
recruiting process, and other relevant security or human resources
information obtained during employment with or for the Federal
Government, that satisfy Federal investigative standards, while
safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the
Program.
(f) Plan for Pilot Program on Two-Way Information Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of a pilot program to assess the feasibility and
advisability of expanding the Program to include the sharing of
information held by the Federal Government related to contract
personnel with the security office of the employer of those
contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the pilot
program.
(g) Review.--Not later than 1 year after the date of the enactment
of this Act, the Security Executive Agent and the Suitability and
Credentialing Executive Agent shall jointly submit to the appropriate
congressional committees and make available to appropriate industry
partners a review of the plans submitted under subsections (e)(1) and
(f)(1) and utility and effectiveness of the programs described in such
plans.
SEC. 14. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Security Executive Agent shall, in coordination with the
Inspector General of the Intelligence Community, submit to the
appropriate congressional committees a report detailing the controls
employed by the intelligence community to ensure that continuous
vetting programs, including those involving user activity monitoring,
protect the confidentiality of whistleblower-related communications.
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