113th Congress } { Report 1st Session } SENATE { 113-44 _______________________________________________________________________ Calendar No. 91 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014 R E P O R T [TO ACCOMPANY S. 1197] on TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2014 FOR MILITARY ACTIVITIES OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER PURPOSES together with ADDITIONAL VIEWS ---------- COMMITTEE ON ARMED SERVICES UNITED STATES SENATE June 20, 2013.--Ordered to be printed [...] Subtitle C--Intelligence-Related Matters Personnel security (sec. 931) The committee recommends a provision that would require major reform of the personnel security clearance investigation, adjudication, and transfer processes to improve security and reduce costs. Specifically, the provision would require: (1) the Director of Cost Analysis and Program Evaluation to conduct a comprehensive, comparative analysis of the cost, schedule, and performance of personnel security investigations acquired through the Office of Personnel Management (OPM) and through components of the Department of Defense (DOD); (2) the Secretary of Defense to develop a plan by October 1, 2014, to acquire investigations through the approach most advantageous to DOD and to determine whether investigations can be improved through the increased utilization of private entities to conduct or provide supporting information for security investigations; (3) the Secretary and the Director of National Intelligence (DNI) to develop a joint strategy to continuously modernize all aspects of personnel security to lower costs and improve security, and to develop and report annually on metrics that will demonstrate progress in achieving those objectives; (4) the Secretary and the DNI to consider, and allow them to adopt, a series of innovations in security investigation methods and data sources that have been shown to be effective through analysis and/or demonstrations; (5) the Secretary and the DNI to ensure, to the maximum extent practicable, reciprocal acceptance of clearances; and (6) development of benchmarks by which to measure the current level of reciprocity in clearance transfers and the costs imposed by delays. DOD transferred the bulk of its security investigations in 2004 to OPM because DOD had accumulated a large backlog of clearance applications and investigations were taking an enormous amount of time which imposed high indirect costs through productivity losses, and (rightly) DOD did not consider security investigations to be a core mission. OPM successfully eliminated the backlog that it inherited and substantially reduced the time it takes to complete investigations. However, personnel security costs have steadily risen and DOD has had little visibility into OPM's cost structure to determine what has been driving those increases. A recent Government Accountability Office report documented OPM's lack of cost transparency and rapidly rising costs. DOD is spending three-quarters of a billion dollars annually on security investigations, and costs have been rising at a rate of 10 percent a year. Multiple intelligence agencies that conduct their own investigations using the same contractors as OPM have achieved savings of up to 50 percent compared to the prices charged by OPM. The pressure on budgets has become severe, while new federal investigative standards that mandate a periodic reinvestigation every 5 years could increase the cost of personnel security dramatically in coming years. In addition, DOD and DNI have been eager to modernize the security investigation process, believing that doing so would actually improve security, reduce the time needed for investigations, and reduce costs. OPM has been slow to address these cost and reform issues. The Army and the National Reconnaissance Office successfully demonstrated, through a pilot program, the gains that can be achieved in efficiency, time, security, and cost by applying modern information technology and exploiting non- traditional information sources. Some intelligence agencies have effectively stopped performing periodic reinvestigations, which has led to a huge new investigatory backlog, and because the government and contract employees of these agencies are past due for reinvestigations, other agencies may refuse to accept their clearances, limiting their employment opportunities through no fault of their own. Finally, industry has expressed concerns about a thicket of bureaucratic obstacles that still make the transfer of clearances between government agencies and departments, and from one contract to another, difficult and time-consuming, ultimately costing taxpayers substantial amounts of money as workers are idled, with their time charged to overhead. The committee believes that the time has come to issue a legislative mandate to force an action that all stakeholders seem to agree is necessary. [...]