PUBLIC LAW 115–173—MAY 22, 2018 132 STAT. 1291 

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; 

Time period. 

Coordination. 

Securely 

Expediting 

Clearances 

Through 

Reporting 

Transparency 

Act of 2018. 

5 USC 11001 

note. 

May 22, 2018 

[H.R. 3210] 


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132 STAT. 1292 PUBLIC LAW 115–173—MAY 22, 2018 

(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 Governmentwide 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— 

Consultation. 

Coordination. 

Recommendations. 

Plan. 


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PUBLIC LAW 115–173—MAY 22, 2018 132 STAT. 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; 

Review. 


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132 STAT. 1294 PUBLIC LAW 115–173—MAY 22, 2018 

(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. 

President. 

Time period. 

President. 

Determination. 

Deadline. 

Recommendations. 

Determinations. 


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PUBLIC LAW 115–173—MAY 22, 2018 132 STAT. 1295 

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. 

Æ 

(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. 


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