[Congressional Record Volume 164, Number 46 (Thursday, March 15, 2018)]
[Senate]
[Pages S1768-S1770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SECURELY EXPEDITING CLEARANCES THROUGH REPORTING TRANSPARENCY ACT OF 
                                  2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 264, H.R. 3210.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3210) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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--

[[Page S1769]]

       (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.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
amendment be withdrawn; that the Johnson-McCaskill substitute amendment 
be considered and agreed to; that the bill, as amended, be considered 
read a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2210) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Securely Expediting 
     Clearances Through Reporting Transparency Act of 2018'' or 
     the ``SECRET Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Bureau'' means the National Background 
     Investigations Bureau of the Office;
       (2) the term ``Director'' means the Director of National 
     Intelligence acting as the Security Executive Agent; and
       (3) the term ``Office'' means the Office of Personnel 
     Management acting as the Suitability and Credentialing 
     Executive Agent.

     SEC. 3. 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 Bureau, in coordination with the Director, shall submit 
     to Congress a report on the backlog of personnel security 
     clearance investigations at the Bureau for the most recent 
     full calendar quarter, which shall include--
       (1) the size of the backlog of personnel security clearance 
     investigations of the Bureau, 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 employees of the Bureau conducting 
     background investigations for the Bureau; and
       (I) the number of employees of contractors of the Bureau 
     conducting background investigations for the Bureau;
       (2) the average length of time, for each sensitivity level, 
     for the Bureau 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 at the Bureau;
       (B) the steps the Director of the Bureau shall take to 
     reduce the backlog;
       (C) process reforms to improve efficiencies in, and the 
     quality of, background investigations by the Bureau; and
       (D) a projection of when the backlog at the Bureau will be 
     sufficiently reduced to meet required timeliness standards; 
     and
       (5) a description of improvements in the information and 
     data security of the Bureau.

     SEC. 4. 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, in coordination with the 
     Director and the Director of the Office, 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 
     personnel of the White House Office.

     SEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACKGROUND 
                   INVESTIGATION SYSTEMS.

       Not later than 120 days after the date of enactment of this 
     Act, the Director of the Office, in consultation with the 
     other members of the Suitability and Security Clearance 
     Performance Accountability Council established under 
     Executive Order 13467 (73 Fed. Reg. 38103) and the Under 
     Secretary of Defense for Intelligence, shall submit to 
     Congress a report on the cost of maintaining comprehensive 
     background investigations capability within the Office under 
     the control or direction of the Bureau and a background 
     investigations capability for Department of Defense personnel 
     under the control or direction of the Department of Defense 
     for implementation of the plan referenced in section 925 of 
     the National Defense Authorization Act for Fiscal Year 2018 
     (Public Law 115-91), as compared to the cost of sustaining a 
     single Government-wide background investigations enterprise.

     SEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECIPROCITY, AND 
                   TIMELINESS MEASURES.

       Not later than 120 days after the date of enactment of this 
     Act, the Director shall submit to Congress reports that 
     provide--
       (1) the status of implementing continuous evaluation 
     Government-wide, including--
       (A) the number of agencies with continuous evaluation 
     programs and how many of those programs are currently 
     conducting automated records checks of the required data 
     sources as identified by the Director; and
       (B) a discussion of the barriers for agencies to implement 
     continuous evaluation programs, including any requirement 
     under a

[[Page S1770]]

     statute, regulation, Executive Order, or other administrative 
     requirement;
       (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; and
       (3) 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. 7. 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''--
       (A) means a person who performs work for or on behalf of 
     the executive branch or seeks to perform work for or on 
     behalf of the executive branch;
       (B) is not limited to Federal employees;
       (C) includes all persons, not excluded under subparagraph 
     (D), who require eligibility for access to classified 
     information or eligibility to hold a sensitive position, 
     including, but not limited to, contractors, subcontractors, 
     licensees, certificate holders, grantees, experts, 
     consultants, and government employees; and
       (D) does not include--
       (i) the President;
       (ii) employees of the President under section 105 or 107 of 
     title 3, United States Code (except to the extent otherwise 
     directed by the President);
       (iii) the Vice President; or
       (iv) employees of the Vice President under section 106 of 
     title 3, United States Code, or an annual legislative branch 
     appropriations Act (except to the extent otherwise directed 
     by the Vice President).
       (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 
     Director and the Director of the Office shall review and make 
     recommendations to Congress and the President as appropriate 
     to issue guidance 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.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 3210), as amended, was passed.

                          ____________________