[House Report 115-258]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-258
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SECURELY EXPEDITING CLEARANCES THROUGH REPORTING TRANSPARENCY ACT OF
2017
_______
July 25, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3210]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
The amendment is as follows:
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 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--
(1) the size of the personnel security clearance
investigation process backlog; and
(2) the average length of time, for each sensitivity level,
to carry out an initial investigation and a periodic
investigation.
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 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.
SEC. 4. REPORT ON DUPLICATIVE COSTS.
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).
Committee Statement and Views
purpose and summary
H.R. 3210, the Securely Expediting Clearances Through
Reporting Transparency Act of 2017 (``SECRET Act''), creates
basic reporting requirements for the National Background
Investigations Bureau (NBIB) regarding the current backlog of
federal security clearance investigations. Specifically, the
bill requires NBIB to report quarterly on the size of the
backlog and the average length of an investigation, broken down
by type of clearance sought.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3210 is necessary to prevent government inefficiency
caused by delays in the completion of background investigations
for current and prospective employees. Prospective federal
employees frequently cannot start their jobs until their
clearance process is complete. The delay attributable to the
backlog causes some promising candidates to find employment
elsewhere. Contractors face similar backlog-related problems,
creating a bottleneck that can lead to missed deadlines and
more waste.
Up-to-date estimates on the backlog are crucial to
understanding whether the situation is improving or
deteriorating. In June 2017, the security clearance
investigation backlog at NBIB stood at 650,000.\1\ For
perspective, the entire community of individuals with a federal
security clearance and access to classified information is
roughly 2.3 million.\2\
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\1\Briefing by Charles Phalen, Director, National Background
Investigations Bureau, to H. Comm. on Oversight & Gov't Reform Staff
(June 5, 2017).
\2\Office of Management and Budget, Insider Threat and Security
Clearance Reform Cross Agency Priority Goal Quarterly Progress Update,
FY 2016 Quarter 4, at 18.
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H.R. 3210 would require NBIB to report quarterly to
Congress on the size of the backlog and the average time for a
clearance investigation, by clearance type. The first report
will be due 90 days after enactment, and the quarterly
reporting requirement will continue for 5 years. With that
information, Congress will be able to monitor NBIB's
performance and evaluate trends over time. That understanding
will help guide subsequent security clearance reform efforts.
LEGISLATIVE HISTORY
On July 12, 2017, Representative Stephen Knight (R-CA)
introduced H.R. 3210, the Securely Expediting Clearances
Through Reporting Transparency Act of 2017, with Representative
Gerald Connolly (D-VA). H.R. 3210 was referred to the Committee
on Oversight and Government Reform. The Committee considered
H.R. 3210 at a business meeting on July 19, 2017 and ordered
the bill reported favorably, as amended, by voice vote.
Section-by-Section
Section 1. Short title
The short title of the bill is the ``Securely Expediting
Clearances Through Reporting Transparency Act of 2017'' or the
``SECRET Act of 2017.''
Section 2. Report on backlog of personnel security clearance
investigations
Section 2 requires that the Director of the National
Background Investigations Bureau (NBIB) of the Office of
Personnel Management submit to Congress a quarterly report
detailing the backlog of personnel security investigations.
These reports are to be submitted starting 90 days after the
enactment of this bill and on a quarterly basis thereafter for
5 years. Section 2 requires that the report include the size of
the investigative backlog, which includes the number of
security clearance investigations that have yet to be
completed. Section 2 also requires that the quarterly report
include the average time for an individual investigation
throughout the personnel security clearance investigation
process. The report shall break down the data in question by
clearance and level, as well as type of investigation (initial
or periodic reinvestigation).
Section 3. Report on security clearance investigations of personnel of
the Executive Office of the President
Section 3 requires that NBIB issue a report within 90 days
of enactment of the bill explaining the process for conducting
and adjudicating security clearance investigations for
personnel within the Executive Office of the President.
Section 4. Report on duplicative costs
Section 4 requires that NBIB issue a report within 120 days
of enactment of the bill describing potential duplicative costs
resulting from a potential transfer of personnel security
investigation responsibilities from NBIB to the Department of
Defense, as outlined in a plan to be developed in accordance
with Section 951(a)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (10 U.S.C. 1564 note).
Explanation of Amendments
During Full Committee consideration of the bill,
Representative Gerald Connolly (D-VA) offered an amendment to
require NBIB to produce a report within 120 days of enactment
on possible duplicative costs resulting from a potential
transfer of background investigation responsibilities to the
Department of Defense (DOD). The National Defense Authorization
Act of 2017 required DOD to devise and publish a plan for such
a transfer. The amendment was adopted by voice vote.
Representative Raja Krishnamoorthi (D-IL) also offered an
amendment requiring NBIB to produce a report describing the
general process by which security clearance investigations are
conducted and adjudicated for employees of the Executive Office
of the President. The amendment was adopted by voice vote.
Committee Consideration
On July 19, 2017, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported, as amended, by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Full Committee consideration of H.R. 3210.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill requires the Director of the National Background
Investigations Bureau to submit a report on the backlog of
personnel security clearance investigations. As such, this bill
does not relate to employment or access to public services and
accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to require the Director of
the National Background Investigations Bureau to submit a
report on the backlog of personnel security clearance
investigations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of section 551 or title 5, United States Code.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement, the Committee
has included below a letter received from the Congressional
Budget Office.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974, which the Committee has included below.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 25, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3210, the SECRET
Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Mark P. Hadley
(for Keith Hall, Director).
Enclosure.
H.R. 3210--SECRET Act of 2017
H.R. 3210 would require the National Background
Investigations Bureau (NBIB), within the Office of Personnel
Management (OPM), to provide three reports to the Congress. The
reports would cover information about the backlog in federal
investigations for security clearances, the process for
conducting security clearances for the Executive Office of the
President, and the costs to NBIB and the Department of Defense
for such investigations.
Information from OPM indicates that the information
required for those reports is already compiled for other
efforts. Thus, CBO estimates it would cost less than $500,000
over the 2018-2022 period to prepare the reports; such spending
would be subject to the availability of appropriated funds.
Enacting H.R. 3210 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3210 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3210 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
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