    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-173
    115th Congress

    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, <>
    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;

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    (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--

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    (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 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;

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    (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.

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    (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.

    Approved May 22, 2018.

    LEGISLATIVE HISTORY--H.R. 3210:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-258 (Comm. on Oversight and Government Reform).
    SENATE REPORTS: No. 115-185 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    July 26, considered and passed
    House.
    Vol. 164 (2018):
    Mar. 15, considered and passed
    Senate, amended.
    May 7, House concurred in Senate
    amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    May 22, Presidential statement.