[Congressional Record Volume 164, Number 46 (Thursday, March 15, 2018)]
[Senate]
[Pages S1768-S1770]
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.
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