United States Statutes at Large, Volume 132, 115th Congress, 2nd Session

[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--

[[Page 1293]]

(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;

[[Page 1294]]

(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.

[[Page 1295]]

(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:
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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.