79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–512 

SOCIAL MEDIA USE IN CLEARANCE INVESTIGATIONS ACT 

OF 2017 

JANUARY 11, 2018.—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. 3737] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 3737) to provide for a study on the use 

of social media in security clearance investigations, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 1 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Roll Call Votes ......................................................................................................... 3 

Application of Law to the Legislative Branch ....................................................... 3 

Statement of General Performance Goals and Objectives .................................... 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Federal Advisory Committee Act ............................................................................ 4 

Unfunded Mandates Statement .............................................................................. 4 

Earmark Identification ............................................................................................ 4 

Committee Estimate ................................................................................................ 4 

Budget Authority and Congressional Budget Office Cost Estimate .................... 4 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 3737, The Social Media Use in Clearance Investigations Act 

of 2017 requires the Office of Management and Budget (OMB) to 

2 

1See Donie O’Sullivan and David Shortell, Accused leaker Reality Winner called Trump an ‘orange fascist’ on Twitter, CNN, June 6, 2017, http://www.cnn.com/2017/06/06/politics/reality-winner-twitter-account/index.html; Joe Mullin, NSA leaker Ed Snowden’s life on Ars Technica, ARS

TECHNICA, Jun. 12, 2013, https://arstechnica.com/tech-policy/2013/06/nsa-leaker-ed-snowdenslife-on-ars-technica/. 2DEFENSE PERSONNEL AND SECURITY RESEARCH CENTER, TR 13–04, ARMY G2 CONTINUOUS

EVALUATION PILOT, (June 2013). 3 CORPORATE RISK INTERNATIONAL, FINAL REPORT & ANALYSIS, OPEN SOURCE RESEARCH

PROJECT, (June 10, 2009), https://www.eff.org/files/20100514_odni_socialnetworking.pdf. 4 Aliya Sternstein, What’s your ‘insider threat score?’ It could determine if you keep your clear- ance, NEXTGOV, Apr. 29, 2016, http://www.nextgov.com/cybersecurity/2016/04/cleared-personnelfico-score-will-decide-what-secrets-you-can-see/127903/. 5 H. Comm. on Oversight & Gov’t Reform, Subcomm. on Gov’t Operations, Hearing: Incorporating Social Media into Federal Background Investigations, Ser. No. 114–158, 114th Cong. 

(May 13, 2016). 

provide pertinent data on the current and potential use of social 

media for clearance investigation purposes. Specifically, the bill requires OMB to submit a one-time report describing the current use 

of social media for investigative purposes, the legal impediments 

related to the use of social media for that purpose, and the results 

of any pilot programs conducted to incorporate social media into 

background investigations. Additionally, the report will include the 

available options for broader implementation of social media checks 

and the cost estimates for such a program. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3737 is a much needed first step in modernizing federal security clearance background investigations. In recent years, there 

have been several cases in which federal contractor employees with 

security clearances leaked classified information after previously 

sharing suspicious posts on publicly available social media sites. 

Two high profile examples are the cases of Edward Snowden and 

Reality Winner, both of whom were National Security Agency 

(NSA) insiders with access to very sensitive information.1

Examining the options available to implement these social media 

investigations will help inform and expedite security clearance reform. A preliminary check of a subject’s social media could prove 

more effective than many current parts of clearance investigations. 

Over roughly the past decade, other agencies have created similar programs including the Army,2 the Office of the Director of National Intelligence (ODNI),3 and the NSA.4 Only some of the results of these programs are publicly available, and what is available does not contain clear analyses or conclusions. 

OMB oversees the security clearance system as a whole through 

its delegation of responsibility to the Suitability and Security Executive Agents (the Office of Personnel Management [OPM] and 

ODNI, respectively). OMB is thus well positioned to analyze and 

report on the results of the disparate pilot programs, allowing Congress to understand what worked previously and what needs improvement. 

LEGISLATIVE HISTORY

On May 13, 2016, the Committee on Oversight and Government 

Reform, Subcommittee on Government Operations held a hearing 

entitled, ‘‘Incorporating Social Media into Federal Background Investigations.’’ 5 The hearing largely discussed the legality of performing investigative practices such as examining someone’s social 

3 

media postings. The challenge of finding a balance between privacy 

and national security is one that still remains today. 

On September 13, 2017, Representative Ron DeSantis (R–FL) introduced H.R. 3737, the Social Media Use in Clearance Investigations Act of 2017, with Representative Stephen Lynch (D–MA). 

H.R. 3737 was referred to the Committee on Oversight and Government Reform. The Committee considered H.R. 3737 at a business 

meeting on September 13, 2017, and ordered the bill reported favorably, without amendment, by voice vote. 

SECTION-BY-SECTION

Section 1. Short title 

Section 1 establishes the short title of the bill as the ‘‘Social 

Media Use in Clearance Investigations Act of 2017.’’ 

Section 2. Study on use of social media in security clearance investigations 

Section 2 requires the Director of OMB to submit a report within 

six months of enactment regarding the examination of social media 

activity as part of the security clearance investigation process. The 

report must include information on: (1) the current use of publicly 

available social media in clearance investigations; (2) any legal impediments to examining the social media activity of clearance applicants; (3) the results of pilot programs for the incorporation of 

social media data into clearance investigations; (4) options for widespread implementation of social media checks in clearance investigations; and (5) cost estimates for some of those options. 

EXPLANATION OF AMENDMENTS

There were no amendments to H.R. 3737 offered or adopted during Committee consideration of the bill. 

COMMITTEE CONSIDERATION

On September 13, 2017, the Committee met in open session and, 

with a quorum being present, ordered the bill favorably reported by 

voice vote. 

ROLL CALL VOTES

There were no roll call votes requested or conducted during Committee consideration of H.R. 3737. 

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 provides for a study on 

the use of social media in security clearance investigations. As 

such, this bill does not relate to employment or access to public 

services and accommodations. 

4 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

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. 

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

This bill does not direct the completion of any specific rule makings within the meaning of section 551 of 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

Pursuant to section 423 of the Congressional Budget and Impoundment Control Act (Pub. L. 113–67) the Committee has included a letter received from the Congressional Budget Office 

below. 

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 of the House of Representatives. 

COMMITTEE ESTIMATE

Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of the 

House of Representatives, the Committee includes below a cost estimate of the bill prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act 

of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the House of Representatives, the cost estimate prepared by the Congressional Budget Office and submitted pursuant to section 402 of the Congressional 

Budget Act of 1974 is as follows: 

5 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 22, 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. 3737, the Social Media 

Use in Clearance Investigations 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, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 3737—Social Media Use in Clearance Investigations Act of 

2017 

H.R. 3737 would require the Office of Management and Budget 

(OMB) to report to the Congress within six months on how social 

media activity is examined during security clearance investigations 

and related matters. Based on the cost of similar activities, CBO 

estimates that implementing the bill would cost less than $500,000; 

such spending would be subject to the availability of appropriated 

funds. 

Enacting H.R. 3737 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3737 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 3737 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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