II 

113TH CONGRESS 

2D SESSION S. 2683 

To reform classification and security clearance processes throughout the Federal Government and, within the Department of Homeland Security, 

to establish an effective and transparent process for the designation, 

investigation, adjudication, denial, suspension, and revocation of security 

clearances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2014 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To reform classification and security clearance processes 

throughout the Federal Government and, within the Department of Homeland Security, to establish an effective 

and transparent process for the designation, investigation, adjudication, denial, suspension, and revocation of 

security clearances, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLES; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Clearance and Over-Classification Reform and Reduction 

6 Act’’ or the ‘‘CORRECT Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short titles; table of contents. 

Sec. 2. Definitions. 

TITLE I—REFORMS TO CLASSIFICATION AND CLEARANCE 

PROCESSES 

Subtitle A—Reducing Over-Classification 

Sec. 101. Trend information on classified information and third evaluations. 

Sec. 102. Uniformity in sampling. 

Sec. 103. Ten percent reduction in holdings of classified information. 

Sec. 104. Status update on efforts at reducing holdings of classified information. 

Sec. 105. Report. 

Sec. 106. Public Interest Declassification Board enhancements. 

Sec. 107. Classification designation training. 

Sec. 108. Reducing over-classification guidance. 

Subtitle B—Governmentwide Reforms 

Sec. 111. Sense of Congress. 

Sec. 112. Report on certain designations. 

Sec. 113. Transparency and accountability in personnel security investigations. 

Sec. 114. Continuous evaluation programs and insider threat programs. 

Sec. 115. Mitigating factors in the context of a continuous evaluation program 

or insider threat program. 

Sec. 116. Appeal to the Merit Systems Protection Board. 

Sec. 117. Automated or nongovernmental adjudication prohibited. 

Sec. 118. Report on media contacts policy for intelligence personnel. 

TITLE II—DEPARTMENT OF HOMELAND SECURITY CLEARANCE 

PROCESS REFORMS 

Subtitle A—Designation 

Sec. 201. Designation of national security sensitive and public trust positions. 

Sec. 202. Audits. 

Sec. 203. Review of position designations. 

Subtitle B—Investigation 

Sec. 211. Investigation services provider performance. 

Sec. 212. Metrics. 

Subtitle C—Adjudication 

Sec. 221. Uniform adjudication standards. 

Subtitle D—Denial, Suspension, Revocation, and Appeal 

Sec. 231. Uniform revocation criteria and procedures. 

Sec. 232. Annual reporting. 

Sec. 233. Final appeals panel. 


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Subtitle E—Miscellaneous Provisions 

Sec. 241. Intelligence Reform and Terrorism Prevention Act of 2004 review 

and security clearance reciprocity. 

Sec. 242. Office of Inspector General report. 

Sec. 243. Penalties for falsification relating to an investigation file. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) IN GENERAL.—The terms ‘‘agency’’, ‘‘au4 thorized investigative agency’’, ‘‘authorized adjudica5 tive agency’’, ‘‘current investigation file’’, ‘‘periodic 

6 reinvestigations’’, and ‘‘personnel security investiga7 tion’’ have the meanings given those terms in section 

8 3001(a) of the Intelligence Reform and Terrorism 

9 Prevention Act of 2004 (50 U.S.C. 3341(a)). 

10 (2) OTHER TERMS.— 

11 (A) CHIEF SECURITY OFFICER OF THE DE12 PARTMENT OF HOMELAND SECURITY.—The 

13 term ‘‘Chief Security Officer of the Department 

14 of Homeland Security’’ means the Classified In15 formation Advisory Officer of the Department 

16 of Homeland Security identified and designated 

17 pursuant to section 210F of the Homeland Se18 curity Act of 2002 (6 U.S.C. 124m). 

19 (B) INVESTIGATION SERVICE PROVIDER.— 

20 The term ‘‘investigation service provider’’ 

21 means the Office of Personnel Management and 

22 any other entity that undertakes investigative 


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1 services, including criminal record checks, fi2 nancial record checks, field interviews, employ3 ment review, and education verifications, for an 

4 investigation file for a national security posi5 tion. 

6 (C) NATIONAL SECURITY POSITION.—The 

7 term ‘‘national security position’’ has the mean8 ing given that term in section 732.102 of title 

9 5, Code of Federal Regulations or similar suc10 cessor regulation. 

11 TITLE I—REFORMS TO CLASSI12 FICATION AND CLEARANCE 

13 PROCESSES 

14 Subtitle A—Reducing Over15 Classification 

16 SEC. 101. TREND INFORMATION ON CLASSIFIED INFORMA17 TION AND THIRD EVALUATIONS. 

18 Subsection (b) of section 6 of the Reducing Over19 Classification Act (50 U.S.C. 3161 note; Public Law 111– 

20 258) is amended— 

21 (1) in paragraph (1)— 

22 (A) in the matter preceding subparagraph 

23 (A)— 

24 (i) by striking ‘‘2016,’’ and inserting 

25 ‘‘2019,’’; and 


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1 (ii) by striking ‘‘no less than two’’ and 

2 inserting ‘‘not fewer than three’’; 

3 (B) in subparagraph (A), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (B), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (D) by adding after subparagraph (B) the 

8 following new subparagraph: 

9 ‘‘(C) beginning with the second evaluation 

10 under paragraph (2)(B), to assess, with respect 

11 to subparagraph (A) of this paragraph, the de12 gree to which the incentives for accurate classi13 fication decisions referred to in subsection (a) 

14 have been utilized, and the extent to which the 

15 use of such incentives, including cash incentives 

16 or other alternative, non-cash awards, has im17 proved the accuracy of original classification de18 cisions or derivative classification decisions and 

19 a reduction in classified information.’’; 

20 (2) in paragraph (2), by adding at the end the 

21 following new subparagraph: 

22 ‘‘(C) THIRD EVALUATIONS.—Each third 

23 evaluation required by paragraph (1) shall re24 view progress made since the second evaluation 

25 and the adequacy of the records to support each 


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1 self-inspection program determination in ac2 cordance with subsection (c), and assess such 

3 department or agency’s procedures and activi4 ties regarding classification challenges. Specifi5 cally, each third evaluation shall— 

6 ‘‘(i)(I) assess implementation of pro7 cedures by such department or agency to 

8 encourage authorized holders of classified 

9 information, including authorized holders 

10 outside the classifying agency, to challenge 

11 the classification of information that they 

12 believe is improperly classified or unclassi13 fied, as required by section 1.8 of Execu14 tive Order 13526 (50 U.S.C. 3161 note) or 

15 successor order, and the degree to which 

16 such department or agency makes each au17 thorized holder of classified information 

18 aware of the procedures and encourages 

19 such holders to challenge the classification 

20 of information that they believe is improp21 erly classified or unclassified; and 

22 ‘‘(II) to the extent practicable, review 

23 data reflecting the disposition of challenges 

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1 cluding how often such challenges resulted 

2 in a change in classification; 

3 ‘‘(ii) review the degree to which infor4 mation that was declassified was deter5 mined by the agency to be of extraordinary 

6 public interest that does not undermine the 

7 national security of the United States, in8 cluding information on the number of na9 tional security positions (pursuant to part 

10 732 of title 5, Code of Federal Regula11 tions, or similar successor regulation), by 

12 classification level, that are designated 

13 within the agency during that period; and 

14 ‘‘(iii) shall be completed not later than 

15 September 30, 2019.’’; and 

16 (3) in paragraph (3)(B)— 

17 (A) in clause (i), by striking ‘‘and’’ at the 

18 end; 

19 (B) in clause (ii), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (C) by adding after clause (ii) the following 

22 new clause: 

23 ‘‘(iii) information relating to the as24 sessment required under paragraph 

25 (1)(C).’’. 


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1 SEC. 102. UNIFORMITY IN SAMPLING. 

2 Section 6 of the Reducing Over-Classification Act (50 

3 U.S.C. 3161 note; Public Law 111–258) is amended by 

4 adding at the end the following new subsection: 

5 ‘‘(c) UNIFORMITY IN SAMPLING.—The President, 

6 acting through the Director of the Information Security 

7 Oversight Office, shall issue a standardized sampling tech8 nique for department and agency self-inspection programs 

9 as required pursuant to Executive Order 13526 (50 

10 U.S.C. 3161 note) or successor order in order to address 

11 any vulnerabilities in such programs.’’. 

12 SEC. 103. TEN PERCENT REDUCTION IN HOLDINGS OF 

13 CLASSIFIED INFORMATION. 

14 Section 6 of the Reducing Over-Classification Act (50 

15 U.S.C. 3161 note; Public Law 111–258), as amended by 

16 section 102 of this Act, is further amended by adding at 

17 the end the following new subsection: 

18 ‘‘(d) TEN PERCENT REDUCTION IN HOLDING OF

19 CLASSIFIED INFORMATION.—The President shall estab20 lish goals for reducing, by the date that is not later than 

21 five years after the date of the enactment of this sub22 section, classified information, through declassification 

23 and improved original and derivative classification deci24 sionmaking, by not less than ten percent as compared to 

25 the amount of such information as of the day before such 

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1 tion that would otherwise be declassified pursuant to Ex2 ecutive Order 13526 (50 U.S.C. 3161 note) or successor 

3 order shall not count towards such ten percent require4 ment.’’. 

5 SEC. 104. STATUS UPDATE ON EFFORTS AT REDUCING 

6 HOLDINGS OF CLASSIFIED INFORMATION. 

7 Section 704(d)(1) of the Public Interest Declassifica8 tion Act of 2000 (50 U.S.C. 3161 note; Public Law 106– 

9 567) is amended by striking the period and inserting ‘‘and 

10 information on the status of efforts, to the extent prac11 ticable on an agency-by-agency basis, at reducing the hold12 ing of classified information pursuant to section 6(d) of 

13 the Reducing Over-Classification Act (50 U.S.C. 3161 

14 note; Public Law 111–258).’’. 

15 SEC. 105. REPORT. 

16 Section 6 of the Reducing Over-Classification Act (50 

17 U.S.C. 3161 note; Public Law 111–258), as amended by 

18 sections 102 and 103 of this Act, is further amended by 

19 adding at the end the following new subsection: 

20 ‘‘(e) REPORT.—The Inspector General of each de21 partment or agency of the United States with an officer 

22 or employee who is authorized to make original and deriv23 ative classification decisions shall submit to the appro24 priate entities (as such term is defined in subsection 


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1 (b)(4)) a report relating to progress accomplished under 

2 subsections (c) and (d).’’. 

3 SEC. 106. PUBLIC INTEREST DECLASSIFICATION BOARD 

4 ENHANCEMENTS. 

5 (a) REVIEWS OF CLASSIFICATION GUIDANCE.—Sub6 sections (a) and (b) of section 704 of the Public Interest 

7 Declassification Act of 2000 (50 U.S.C. 3161 note; Public 

8 Law 106–567) are amended to read as follows: 

9 ‘‘(a) AGENCY DECLASSIFICATION PROGRAMS AND

10 CLASSIFICATION GUIDANCE.— 

11 ‘‘(1) DECLASSIFICATION PROGRAMS.— 

12 ‘‘(A) REPORT.—The head of any agency 

13 with the authority under an Executive order to 

14 classify information shall annually provide to 

15 the Board, the Select Committee on Intelligence 

16 of the Senate, and the Permanent Select Com17 mittee on Intelligence of the House of Rep18 resentatives a summary briefing and report on 

19 the progress and plans of such agency in the 

20 declassification of national security information. 

21 ‘‘(B) CONTENTS.—Each briefing and re22 port required under subparagraph (A) shall— 

23 ‘‘(i) cover the declassification goals set 

24 by statute, regulation, or policy, the 

25 progress of the agency towards completing 


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1 such goals, and the planned goals and pri2 orities of the agency for its declassification 

3 activities over the 2 fiscal years following 

4 the report; 

5 ‘‘(ii) give particular attention to 

6 progress on the declassification of records 

7 and materials that are of extraordinary 

8 public interest to the people of the United 

9 States; and 

10 ‘‘(iii) include information on the dis11 position of recommendations regarding 

12 special searches for records of extraor13 dinary public interest submitted pursuant 

14 to subsection (c). 

15 ‘‘(C) CONSOLIDATED REPORT.—The an16 nual briefing and report under subparagraph 

17 (A) for agencies within the Department of De18 fense, including the military departments and 

19 the elements of the intelligence community (as 

20 defined in section 3(4) of the National Security 

21 Act of 1947 (50 U.S.C. 3003(4))), shall be pro22 vided on a consolidated basis. 

23 ‘‘(2) REVIEW OF CLASSIFICATION GUIDANCE.— 

24 The Board shall, on an ongoing basis, review classi25 fication guidance required pursuant to Executive 


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1 Order 13526 (50 U.S.C. 3161 note) or successor 

2 order utilized within each agency to assess— 

3 ‘‘(A) the validity of the national security 

4 basis for each instruction in the classification 

5 guidance; 

6 ‘‘(B) the clarity of each instruction within 

7 the classification guidance to ensure that only 

8 the minimum necessary information is classi9 fied; and 

10 ‘‘(C) the feasibility of narrowing or elimi11 nating any classification guidance that is un12 necessary or obsolete. 

13 ‘‘(3) PLAN FOR REVIEWING CLASSIFICATION

14 GUIDANCE.—Not later than 90 days after the date 

15 of the enactment of the Clearance and Over-Classi16 fication Reform and Reduction Act, the Chairperson 

17 of the Board shall submit a multi-year plan for re18 viewing classification guidance utilized within each 

19 agency, with benchmarks for when and, to the extent 

20 practicable, which classification guidance will be re21 viewed and how the findings will be shared with the 

22 head of each agency and the inspector general of 

23 each agency. 

24 ‘‘(4) RECOMMENDATIONS FOR HARMONIZING

25 AND REDUCING CLASSIFICATION GUIDANCE.—Not 


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1 later than one year after the date of the enactment 

2 of the Clearance and Over-Classification Reform and 

3 Reduction Act, the Chairperson of the Board shall 

4 submit recommendations for harmonizing and reduc5 ing classification guidance across the Federal Gov6 ernment to the President. 

7 ‘‘(b) RECOMMENDATIONS ON AGENCY DECLAS8 SIFICATION PROGRAMS AND CLASSIFICATION GUID9 ANCE.— 

10 ‘‘(1) IN GENERAL.—Upon reviewing classifica11 tion guidance and discussing declassification plans 

12 and progress with an agency, the Board shall pro13 vide to the head of that agency, the Director of the 

14 Office of Management and Budget, and the Assist15 ant to the President for National Security Affairs 

16 the written recommendations of the Board as to how 

17 the classification guidance and declassification pro18 gram of the agency could be improved. 

19 ‘‘(2) PUBLIC AVAILABILITY.—Not later than 60 

20 days after the Board provides written recommenda21 tions to the head of an agency in accordance with 

22 paragraph (1), the Board shall make such rec23 ommendations public in accordance with section 

24 703(k).’’. 


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1 (b) STAFF AND DETAILEES.—Subsection (f) of sec2 tion 703 of such Act is amended to read as follows: 

3 ‘‘(f) DIRECTOR AND STAFF.— 

4 ‘‘(1) DIRECTOR.—The Chairperson of the 

5 Board, in accordance with rules agreed upon by the 

6 Board, shall appoint and fix the compensation of a 

7 Director, except that no rate of pay fixed under this 

8 paragraph may exceed the equivalent of that payable 

9 for a position at level V of the Executive Schedule 

10 under section 5316 of title 5, United States Code. 

11 ‘‘(2) STAFF.—The Chairperson of the Board, in 

12 accordance with rules agreed upon by the Board, 

13 may appoint and fix the pay of personnel as may be 

14 necessary to enable the Board to carry out its func15 tions. 

16 ‘‘(3) APPLICABILITY OF CERTAIN CIVIL SERV17 ICE LAWS.—The Director and staff may be ap18 pointed without regard to the provisions of title 5, 

19 United States Code, governing appointments in the 

20 competitive service, and may be paid without regard 

21 to the provisions of chapter 51 and subchapter III 

22 of chapter 53 of such title relating to classification 

23 and General Schedule pay rates. 

24 ‘‘(4) DETAILEES.—Any employee of the Federal 

25 Government may be detailed to the Board with the 


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1 agreement of, and without reimbursement to, the de2 tailing agency, and such detail shall be without 

3 interruption or loss of civil, military, or foreign serv4 ice status or privilege.’’. 

5 (c) COMPENSATION AND TRAVEL EXPENSES.—Sub6 section (h) of section 703 of such Act is amended to read 

7 as follows: 

8 ‘‘(h) COMPENSATION AND TRAVEL EXPENSES.— 

9 ‘‘(1) COMPENSATION.— 

10 ‘‘(A) CHAIRPERSON.—The Chairperson of 

11 the Board shall be compensated at the rate of 

12 pay payable for a position at level III of the Ex13 ecutive Schedule under section 5314 of title 5, 

14 United States Code. 

15 ‘‘(B) MEMBERS.—Each member of the 

16 Board shall be compensated at a rate of pay 

17 payable for a position at level IV of the Execu18 tive Schedule under section 5315 of such title, 

19 for each day during which that member is en20 gaged in the actual performance of the duties 

21 of the Board. 

22 ‘‘(2) TRAVEL EXPENSES.—Members of the 

23 Board shall receive travel expenses, including per 

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1 cable provisions under subchapter I of chapter 57 of 

2 title 5, United States Code.’’. 

3 (d) PUBLIC MEETINGS.—Section 704(c) of such Act 

4 is amended by adding at the end the following new para5 graph: 

6 ‘‘(3) In carrying out this subsection, the Board shall 

7 conduct public meetings on at least a semiannual basis 

8 and publish in the Federal Register notice of such meet9 ings.’’. 

10 (e) EXTENSION OF SUNSET.—Subsection (b) of sec11 tion 710 of such Act is amended by striking ‘‘2018.’’ and 

12 inserting ‘‘2024.’’. 

13 SEC. 107. CLASSIFICATION DESIGNATION TRAINING. 

14 Section 7 of the Reducing Over-Classification Act (50 

15 U.S.C. 3344) is amended— 

16 (1) in subsection (a), in the matter preceding 

17 paragraph (1)— 

18 (A) in the first sentence, by inserting ‘‘, in19 cluding computer-based training,’’ after ‘‘an20 nual training’’; and 

21 (B) in the second sentence, by inserting 

22 ‘‘such’’ before ‘‘training’’; and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(c) RECORDKEEPING.—The head of each Executive 

2 agency shall maintain records and make such records 

3 available to the inspector general of each such agency of 

4 the extent to which training required under this section 

5 is completed by each employee subject to such training.’’. 

6 SEC. 108. REDUCING OVER-CLASSIFICATION GUIDANCE. 

7 The Secretary of Homeland Security shall develop 

8 and disseminate to components of the Department of 

9 Homeland Security and make available to other agencies 

10 guidance on best practices and strategies to implement the 

11 Reducing Over-Classification Act (Public Law 111–258; 

12 124 Stat. 2648), as amended by this Act. Such guidance 

13 shall include information on the following: 

14 (1) Administrative approaches, including the es15 tablishment of internal quarterly meetings and work16 ing groups to carry out the requirements of the Re17 ducing Over-Classification Act. 

18 (2) Consolidation of information security poli19 cies throughout an agency. 

20 (3) Provision of training, including in-person 

21 initial training and computer-based recurrent train22 ing, in accordance with section 7 of the Reducing 

23 Over-Classification Act, as amended by section 107 

24 of this Act. 


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1 (4) Adoption of uniform formats for the prepa2 ration, production, or publication of classified infor3 mation. 

4 (5) Ways to encourage an authorized holder of 

5 classified information to challenge the classification 

6 of information that such holder believes is improp7 erly classified or unclassified, as required by section 

8 1.8 of Executive Order 13526 (50 U.S.C. 3161 

9 note) or successor order. 

10 Subtitle B—Governmentwide 

11 Reforms 

12 SEC. 111. SENSE OF CONGRESS. 

13 It is the sense of Congress that a position shall only 

14 be designated as a national security position if access to 

15 classified information is required or if that position— 

16 (1) presents a risk of a material adverse effect 

17 on the national security (as described in section 

18 732.201 of title 5, Code of Federal Regulations, or 

19 similar successor regulation); and 

20 (2) is determined to be a public trust position 

21 (as described in section 731.106 of title 5, Code of 

22 Federal Regulations, or similar successor regula23 tion). 


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1 SEC. 112. REPORT ON CERTAIN DESIGNATIONS. 

2 (a) REPORT.—Not later than 6 months after the date 

3 of the enactment of this Act and biannually thereafter, 

4 the head of each agency with the authority to designate 

5 a national security position shall submit to Congress a re6 port that provides information regarding any national se7 curity position for which access to classified materials is 

8 not required and the position is not determined to be a 

9 public trust position (as described in section 731.106 of 

10 title 5, Code of Federal Regulations, or similar successor 

11 regulation). 

12 (b) CONTENTS.—The report required under sub13 section (a) shall include— 

14 (1) a description for the position, including spe15 cific information on duties and day-to-day oper16 ations; 

17 (2) the history of the position’s national secu18 rity position designation, including whether the posi19 tion is newly created or was transferred from an20 other department, division, or program; 

21 (3) an explanation of the position’s national se22 curity position designation and whether responsibil23 ities have been added to the position to explain the 

24 designation; 

25 (4) an explanation of the national security im26 plications of the position; 


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1 (5) the advertising and recruitment mechanisms 

2 used to fill the position; 

3 (6) information on the individual who holds the 

4 position, including as appropriate, information on 

5 periods when the individual had previously held a 

6 national security position; and 

7 (7) demographic information on the individual 

8 who holds the position, including age, gender, race, 

9 ethnicity, employment status, and geographic loca10 tion. 

11 (c) PUBLIC REPORT.—The report required under 

12 subsection (a) shall be submitted in unclassified form and 

13 be made publicly available, but may include a classified 

14 annex for any sensitive or classified information if nec15 essary. 

16 SEC. 113. TRANSPARENCY AND ACCOUNTABILITY IN PER17 SONNEL SECURITY INVESTIGATIONS. 

18 (a) IN GENERAL.—Not later than 120 days after the 

19 date of the enactment of this Act, the Director of National 

20 Intelligence and the Director of the Office of Personnel 

21 Management shall establish requirements for a uniform 

22 markings process to identify the investigation service pro23 vider that originated each piece of information in a current 

24 investigation file. 

25 (b) UTILIZATION.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the establishment of the uniform markings process 

3 pursuant to subsection (a), investigation service pro4 viders shall utilize such uniform markings process 

5 and make available, upon request by the authorized 

6 adjudicative agency, all documents in a current in7 vestigation file. 

8 (2) EXCEPTION.—This subsection shall not 

9 apply to a personnel security investigation that an 

10 agency conducts using its own personnel, under dele11 gated or statutory authority. 

12 SEC. 114. CONTINUOUS EVALUATION PROGRAMS AND IN13 SIDER THREAT PROGRAMS. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The term ‘‘continuous evaluation’’, as de16 fined in Executive Order 13467 (50 U.S.C. 3161 

17 note), means reviewing the background of an indi18 vidual who has been determined to be eligible for ac19 cess to classified information at any time during the 

20 period of eligibility. 

21 (2) Since 1998, at least 10 continuous evalua22 tion pilot studies have been carried out by Federal 

23 agencies to monitor the individuals with security 

24 clearances on an ongoing basis. 


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1 (3) The Department of Defense has conducted 

2 multiple continuous evaluation pilots since early 

3 2002 and has more than one pilot that is ongoing 

4 as of July 1, 2014. By October 2014, the Depart5 ment anticipates 100,000 people to be subject to 

6 continuous evaluation with the population steadily 

7 rising to 1,000,000 by 2017. 

8 (4) The Office of the Director of National Intel9 ligence plans for all individuals with Top Secret 

10 clearances or higher to be subject to continuous eval11 uation by 2016. 

12 (5) Since 2010, applicants submitting an appli13 cation for a security clearance, the Standard Form 

14 86, are required to consent to being monitored 

15 through continuous evaluation. 

16 (6) In February 2014, the Office of Manage17 ment and Budget issued a 120-day review of Federal 

18 employee suitability and contractor fitness deter19 minations as well as security clearance procedures 

20 and recommended an accelerated timetable for an 

21 integrated solution or continuous evaluation program 

22 across all Federal agencies and security levels. 

23 (7) In addition to continuous evaluation, some 

24 Federal agencies are establishing insider threat pro25 grams pursuant to Executive Order 13587 (50 


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1 U.S.C. 3161 note), which authorized the establish2 ment of insider threat programs to, among other 

3 things, identify any Government or contracted em4 ployee that may have compromised national security 

5 through such employee’s work capacity. 

6 (8) Continuous evaluation and insider threat 

7 programs are proliferating throughout the Federal 

8 government without requirements for protections to 

9 ensure that such programs be designed and imple10 mented in a manner that not only protects national 

11 security but also promotes fairness, transparency, 

12 and employee protections, including whistleblower 

13 protections. 

14 (b) REQUIREMENTS.—Not later than 180 days after 

15 the date of the enactment of this Act, the Privacy and 

16 Civil Liberties Oversight Board, established under section 

17 1061 of the Intelligence Reform and Terrorism Prevention 

18 Act of 2004 (42 U.S.C. 2000ee), shall publish in the Fed19 eral Register standards for the protection of national secu20 rity and promotion of fairness, transparency, and em21 ployee protections, including safeguards to preserve the 

22 rights and confidentiality of whistleblowers with respect 

23 to the operation of a continuous evaluation program and 

24 the operation of an insider threat program by a Federal 

25 agency. 


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1 (c) CERTIFICATION.— 

2 (1) IN GENERAL.—Not later than 90 days after 

3 the date of publication of the standards under sub4 section (b), the head of any agency that is operating 

5 a continuous evaluation program or insider threat 

6 program as of the date of the enactment of this Act 

7 shall— 

8 (A) certify whether such program is in 

9 compliance with the standards established 

10 under subsection (b); and 

11 (B) publish such certification in the Fed12 eral Register. 

13 (2) SUSPENSION OR PROGRAM.—Any such head 

14 who certifies that a continuous evaluation program 

15 or insider threat program does not meet such stand16 ards or who fails to publish a certification of compli17 ance pursuant to paragraph (1) shall suspend the 

18 program until such program is compliant and certifi19 cation of compliance is published in the Federal 

20 Register. 

21 (d) REPORT.—The head of any agency that is oper22 ating a continuous evaluation program or insider threat 

23 program as of the date of the enactment of this Act shall 

24 annually submit to Congress a report that includes the 

25 following information: 


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1 (1) The number of individuals in the agency 

2 subject to the continuous evaluation program or in3 sider threat program. 

4 (2) The number of individuals in the agency 

5 whose eligibility for access to classified information 

6 was suspended or revoked as a result of information 

7 acquired through the continuous evaluation program 

8 or insider threat program. 

9 (3) The total number of individuals in the agen10 cy who are eligible to access classified information. 

11 (4) Demographic information on each individual 

12 whose eligibility for access to classified information 

13 was changed as a result of information collected 

14 through the continuous evaluation program or in15 sider threat program, including age, race, gender, 

16 and ethnicity. 

17 (5) A description of the mechanisms used to 

18 conduct the evaluations, including how individuals 

19 were selected, whether the evaluations were random20 ized, and if so, the nature of the randomization, in21 cluding the degree to which it was temporally ran22 domized and the degree to which the selection of in23 dividuals subject to the program was randomized. 

24 (6) A description of the types of information 

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1 tion program or insider threat program and were the 

2 basis for further investigation. 

3 (7) The frequency that information captured 

4 through the continuous evaluation program or in5 sider threat program was the basis for further inves6 tigation. 

7 (8) Information on any individual whose eligi8 bility for access to classified information was 

9 changed as a result of information collected through 

10 the continuous evaluation program or insider threat 

11 program, including the clearance level of each im12 pacted individual and what position, if any, the indi13 vidual holds within the agency, number of years the 

14 individual has been eligible to access classified infor15 mation at the level held at the time that the indi16 vidual was subject to the continuous evaluation pro17 gram or insider threat program and, if available, the 

18 frequency that classified information was accessed 

19 by each such individual. 

20 (9) Identification of each database that was 

21 accessed. 

22 (10) Protocols for resolution of information 

23 captured through the continuous evaluation program 

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1 tion to the impacted individual’s supervisor and the 

2 impacted individual. 

3 (11) Information on any specific instance in 

4 which the continuous evaluation program or insider 

5 threat program resulted in the protection of classi6 fied information and national security. 

7 (12) Information on the annual and life-cycle 

8 costs of the continuous investigation or insider 

9 threat program and, in the event that the head of 

10 the agency intends to expand the program, informa11 tion on the anticipated costs of expansion. 

12 (e) PILOT PROGRAM.—The head of any agency that 

13 establishes a continuous evaluation program after the date 

14 of the enactment of this Act shall be subject to the fol15 lowing requirements: 

16 (1) Before initiating a continuous evaluation 

17 program or insider threat program, such head shall 

18 conduct a pilot continuous evaluation program or 

19 pilot insider threat program that is not shorter than 

20 120 days in duration and uses a representative sam21 ple of individuals eligible for access to classified in22 formation, including individuals employed by con23 tractors. Participants in the program shall receive 

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1 sults in changes to such participant’s eligibility for 

2 access to classified information, shall be provided ac3 cess to the redress process described under section 

4 116. 

5 (2) Before conducting a pilot continuous eval6 uation program or pilot insider threat program 

7 under paragraph (1), such head shall publish, in the 

8 Federal Register, a notice of the program that pro9 vides information on the provisions of the program, 

10 metrics for evaluating its efficacy, and a privacy im11 pact assessment. 

12 (3) Not later than 90 days after the initiation 

13 of a pilot continuous evaluation program or pilot in14 sider threat program pursuant to paragraph (1), 

15 such head shall submit to Congress a preliminary re16 port that includes— 

17 (A) the number of individuals evaluated 

18 under the program; 

19 (B) the total number of individuals in the 

20 agency who are eligible to access classified in21 formation; 

22 (C) demographics of the individuals evalu23 ated under the program, including age, race, 

24 gender, ethnicity, employer, clearance level, and 


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1 the number of years the individual has been eli2 gible to access classified information; 

3 (D) a position description for each indi4 vidual evaluated under the program; 

5 (E) a description of the mechanisms used 

6 to conduct the evaluations, including how indi7 viduals were selected, whether the evaluations 

8 were randomized, and if so, the nature of the 

9 randomization, including the degree to which it 

10 was temporally randomized and the degree to 

11 which the selection of individuals subject to the 

12 program was randomized; 

13 (F) a description of the types of informa14 tion that were captured through the program 

15 and were the basis for further investigation; 

16 (G) the frequency that information cap17 tured through the program was the basis for 

18 further investigation; and 

19 (H) information on the number of individ20 uals whose eligibility for access to classified in21 formation was changed as a result of informa22 tion collected through the program. 

23 (4) Not later than 180 days after the conclu24 sion of a pilot continuous evaluation program or 

25 pilot insider threat program pursuant to paragraph 


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1 (1) or expansion of a pilot continuous evaluation 

2 program or pilot insider threat program, such head 

3 shall submit to Congress a final report that updates 

4 the information required in the preliminary report 

5 under paragraph (3). The report shall include— 

6 (A) an identification of each database that 

7 was accessed; 

8 (B) protocols for resolution of information 

9 captured through the program that was the 

10 basis for further investigation, including the 

11 provision of notification to the impacted individ12 ual’s supervisor and the impacted individual; 

13 (C) information on any specific instance in 

14 which continuous evaluation resulted in the pro15 tection of classified information and national se16 curity; and 

17 (D) information regarding the annual and 

18 life-cycle costs of the program and, in the event 

19 that such head intends to expand the program 

20 or initiate a continuous evaluation program or 

21 insider threat program, information on the an22 ticipated costs of an expansion or initiation. 

23 (5) Prior to expanding a pilot continuous eval24 uation program or insider threat program or initi25 ating a continuous evaluation program or insider 


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1 threat program, such head shall secure a privacy im2 pact assessment from the top privacy and civil lib3 erties officials at such agency. 

4 (f) UNCLASSIFIED REPORTS.—All reports required 

5 under this section shall be submitted in unclassified form 

6 and be made publicly available, but may include a classi7 fied annex if necessary. 

8 (g) LIMITATION ON DATA COLLECTION.—Not later 

9 than 180 days after the date of the enactment of this Act, 

10 the head of an agency that operates a continuous evalua11 tion program shall ensure that data collection under the 

12 program is limited to databases and other sources of infor13 mation accessed for a periodic reinvestigation as of the 

14 date of the enactment of this Act. 

15 (h) DEFINITIONS.—In this section: 

16 (1) CONTINUOUS EVALUATION PROGRAM.—The 

17 term ‘‘continuous evaluation program’’ means any 

18 program continually reviewing the background of an 

19 individual who has been determined to be eligible for 

20 access to classified information pursuant to Execu21 tive Order 12968 (50 U.S.C. 3161 note) (as amend22 ed by Executive Order 13467 (50 U.S.C. 3161 

23 note)) or any other similar authority. 

24 (2) INSIDER THREAT PROGRAM.—The term ‘‘in25 sider threat program’’ means any program moniVerDate Mar 15 2010 04:01 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2683.IS S2683

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1 toring the activity of an individual who has been de2 termined to be eligible for access to classified infor3 mation to improve insider threat detection and pre4 vention pursuant to Executive Order 13587 (50 

5 U.S.C. 3161 note) or successor order. 

6 SEC. 115. MITIGATING FACTORS IN THE CONTEXT OF A 

7 CONTINUOUS EVALUATION PROGRAM OR IN8 SIDER THREAT PROGRAM. 

9 (a) CONTINUOUS EVALUATION.—Not later than 120 

10 days after the date of the enactment of this Act, for each 

11 adjudicative guideline for individuals with access to classi12 fied information (as described in part 147 of title 32, Code 

13 of Federal Regulations, or similar successor regulation) 

14 the President shall update and tailor the conditions that 

15 mitigate security concerns to address continuous evalua16 tion of such individuals performed pursuant to Executive 

17 Order 12968 (50 U.S.C. 3161 note) (as amended by Exec18 utive Order 13467 (50 U.S.C. 3161 note)) or any other 

19 authority, including the implications of recency on the 

20 availability of mitigation. 

21 (b) INSIDER THREAT PROGRAM.—Not later than 240 

22 days after the date of the enactment of this Act, the Presi23 dent shall establish adjudicative guidelines, including con24 ditions that mitigate security concerns that consider the 

25 implications of recency on the availability of mitigation, 


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1 for an individual who is subject to an adverse decision 

2 based on an insider threat program established pursuant 

3 to Executive Order 13587 (50 U.S.C. 3161 note) or suc4 cessor order. 

5 SEC. 116. APPEAL TO THE MERIT SYSTEMS PROTECTION 

6 BOARD. 

7 An employee for whom a final determination of ineli8 gibility for a national security position has been made is 

9 entitled to appeal to the Merit Systems Protection Board 

10 under section 7701 of title 5, United States Code. 

11 SEC. 117. AUTOMATED OR NONGOVERNMENTAL ADJUDICA12 TION PROHIBITED. 

13 (a) IN GENERAL.—An adjudication by an agency 

14 that an individual may not have access to classified infor15 mation may only be made by a Federal employee and may 

16 not be rendered by an automated, electronic, or computer 

17 system. 

18 (b) FEDERAL EMPLOYEE DEFINED.—In this section, 

19 the term ‘‘Federal employee’’ has the meaning given the 

20 term ‘‘employee’’ in section 2105 of title 5, United States 

21 Code, and includes any member of the uniformed services. 

22 SEC. 118. REPORT ON MEDIA CONTACTS POLICY FOR IN23 TELLIGENCE PERSONNEL. 

24 Not later than 90 days after the date of the enact25 ment of this Act, the head of each element of the intelVerDate Mar 15 2010 04:01 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2683.IS S2683

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1 ligence community (as such term is defined in section 3(4) 

2 of the National Security Act of 1947 (50 U.S.C. 3003(4))) 

3 shall submit to Congress a report on each such element’s 

4 implementation of policy directives regarding contacts 

5 with news media by intelligence community personnel. 

6 Such report shall describe how each such element’s imple7 mentation of such directives protects the free speech rights 

8 of intelligence community personnel, including intelligence 

9 community personnel who choose to discuss unclassified 

10 public policy issues with friends or family members who 

11 may use new media technologies. 

12 TITLE II—DEPARTMENT OF 

13 HOMELAND SECURITY 

14 CLEARANCE PROCESS RE15 FORMS 

16 Subtitle A—Designation 

17 SEC. 201. DESIGNATION OF NATIONAL SECURITY SEN18 SITIVE AND PUBLIC TRUST POSITIONS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall require the Department of Homeland Security, 

21 including all components of the Department, to designate 

22 the sensitivity level of national security positions (pursu23 ant to part 732 of title 5, Code of Federal Regulations, 

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1 sistent manner within the Department, including all such 

2 components. 

3 (b) IMPLEMENTATION.—In carrying out subsection 

4 (a), the Secretary of Homeland Security shall require the 

5 utilization of uniform designation tools throughout the De6 partment of Homeland Security, including all components 

7 of the Department, and provide training to appropriate 

8 staff of the Department, including staff of all such compo9 nents, on such utilization. Such training shall include 

10 guidance on factors for determining eligibility for access 

11 to classified information and facilities with classified infor12 mation. 

13 SEC. 202. AUDITS. 

14 Not later than 180 days after the Director of Na15 tional Intelligence and Director of the Office of Personnel 

16 Management issue a rule for designation of national secu17 rity positions (pursuant to part 732 of title 5, Code of 

18 Federal Regulations, or similar successor regulation), the 

19 Inspector General of the Department of Homeland Secu20 rity shall conduct regular audits of compliance of the De21 partment with such rule. 

22 SEC. 203. REVIEW OF POSITION DESIGNATIONS. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity, acting through the Chief Security Officer of the De25 partment of Homeland Security, shall biennially conduct 


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1 a review of all sensitivity level designations of national se2 curity positions (pursuant to part 732 of title 5, Code of 

3 Federal Regulations, or similar successor regulation) at 

4 the Department. 

5 (b) DETERMINATION.—If during the course of a re6 view required under subsection (a) the Secretary of Home7 land Security determines that a change in the sensitivity 

8 level of a position that affects the need for an individual 

9 to obtain access to classified information is warranted, 

10 such access shall be administratively adjusted or periodic 

11 reinvestigation completed, as necessary. 

12 (c) REPORT.— 

13 (1) IN GENERAL.—Upon completion of each re14 view required under subsection (a), the Secretary of 

15 Homeland Security shall submit to the Committee 

16 on Homeland Security and Governmental Affairs of 

17 the Senate and the Committee on Homeland Secu18 rity of the House of Representatives a report on the 

19 number of positions by classification level and by 

20 component of the Department of Homeland Security 

21 that are to be redesignated in accordance with sub22 section (b) to— 

23 (A) require access to classified informa24 tion; 


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1 (B) no longer require access to classified 

2 information; or 

3 (C) otherwise require a different level of 

4 access to classified information. 

5 (2) FORM.—The report required under para6 graph (1) shall be submitted in unclassified form 

7 and be made publicly available, but may include a 

8 classified annex for any sensitive or classified infor9 mation if necessary. 

10 Subtitle B—Investigation 

11 SEC. 211. INVESTIGATION SERVICES PROVIDER PERFORM12 ANCE. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, acting through the Chief Security Officer of the De15 partment of Homeland Security, shall annually survey the 

16 head of each component or office of the Department with 

17 the authority to adjudicate a current investigation file for 

18 a national security position to help determine whether— 

19 (1) investigation service providers are adhering 

20 to Federal requirements, including requirements 

21 under the Intelligence Reform and Terrorism Pre22 vention Act of 2004 (Public Law 108–458; 118 

23 Stat. 3628) and requirements promulgated by the 

24 Office of Personnel Management; and 


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1 (2) records provided are adequate to conduct 

2 adjudications. 

3 (b) CONTENTS.—Each survey under subsection (a) 

4 shall consider the following: 

5 (1) Punctuality of completed personnel security 

6 investigations, including adherence to timelines re7 quired under section 3001 of the Intelligence Reform 

8 and Terrorism Prevention Act of 2004 (50 U.S.C. 

9 3341). 

10 (2) Frequency that the adjudicator must seek 

11 clarifying or additional information from the inves12 tigation service provider. 

13 (3) Frequency that the adjudicator orders a full 

14 or partial reinvestigation. 

15 (4) Frequency that the adjudicator finds ad16 verse information after the completed background 

17 investigation is submitted by the investigation serv18 ice provider. 

19 (5) Frequency that the complete investigation 

20 file, including investigative notes, is provided. 

21 (6) Overall performance of the investigation 

22 service provider. 

23 (7) Satisfaction with the overall performance of 

24 the investigation service provider. 


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1 (c) CORRECTIVE ACTION.—If information provided 

2 under subsection (a) identifies a pattern of performance 

3 problems with a particular investigation service provider, 

4 the Chief Security Officer of the Department of Homeland 

5 Security shall make a recommendation to the Secretary 

6 of Homeland Security and, where appropriate, to the head 

7 of each component or office of the Department that uses 

8 the particular investigation service provider regarding cor9 rective action, including suspension or cancellation of serv10 ices. 

11 (d) AVAILABILITY.—The Secretary of Homeland Se12 curity shall publish the results of each survey under sub13 section (a) and make each such publication publicly avail14 able on the website of the Department of Homeland Secu15 rity. 

16 SEC. 212. METRICS. 

17 The Secretary of Homeland Security shall utilize 

18 metrics, including, to the extent practicable, any metrics 

19 in use by the Office of Personnel Management as of the 

20 date of the enactment of this Act, to assess the timeliness, 

21 completeness, and overall quality of the provision of inves22 tigative services by investigation service providers. 


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1 Subtitle C—Adjudication 

2 SEC. 221. UNIFORM ADJUDICATION STANDARDS. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity, acting through the Chief Security Officer of the De5 partment of Homeland Security, shall issue uniform adju6 dication standards, consistent with part 147 of title 32, 

7 Code of Federal Regulations, or similar successor regula8 tion to be utilized by Department adjudicators with re9 spect to adjudicating the eligibility of an individual for ac10 cess to classified information. 

11 (b) CERTIFICATION.—Not later than one year after 

12 the issuance of the uniform adjudication standards under 

13 subsection (a), the Secretary of Homeland Security, acting 

14 through the Chief Security Officer of the Department of 

15 Homeland Security, shall require the head of each compo16 nent and office of the Department with the authority to 

17 adjudicate access to classified information of an individual 

18 to certify compliance with the uniform adjudication stand19 ards under subsection (a). 

20 (c) AUDIT.—Not later than two years after the last 

21 head of a component of the Department of Homeland Se22 curity certifies compliance under subsection (b) with the 

23 uniform adjudication standards under subsection (a), the 

24 Inspector General of the Department shall audit all such 

25 components to verify such compliance. 


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1 Subtitle D—Denial, Suspension, 

2 Revocation, and Appeal 

3 SEC. 231. UNIFORM REVOCATION CRITERIA AND PROCE4 DURES. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity, acting through the Chief Security Officer of the De7 partment of Homeland Security, shall issue a Department8 wide directive that sets forth uniform criteria and proce9 dures, consistent with any appropriate Federal Govern10 mentwide standards, including notice requirements, for 

11 the suspension, denial, and revocation of eligibility for ac12 cess to classified information of an individual issued by 

13 the Department. 

14 (b) CERTIFICATION.—Not later than one year after 

15 issuance of the uniform criteria and procedures under sub16 section (a), the Secretary of Homeland Security, acting 

17 through the Chief Security Officer of the Department of 

18 Homeland Security, shall require the head of each compo19 nent and office of the Department with the authority to 

20 adjudicate eligibility for access to classified information of 

21 an individual to certify compliance with such uniform cri22 teria and procedures. 

23 SEC. 232. ANNUAL REPORTING. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity, acting through the Chief Security Officer of the DeVerDate Mar 15 2010 04:01 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2683.IS S2683

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1 partment of Homeland Security, shall annually submit to 

2 the Committee on Homeland Security and Governmental 

3 Affairs of the Senate and the Committee on Homeland 

4 Security of the House of Representatives a report on the 

5 following: 

6 (1) The number of denials, suspensions, revoca7 tions, and appeals of the eligibility for access to clas8 sified information of an individual throughout the 

9 Department. 

10 (2) The date and status or disposition of each 

11 reported action under paragraph (1). 

12 (3) The identification of the originator, whether 

13 by a component or headquarters, of each adverse ac14 tion under paragraph (1), and description of the 

15 grounds for each such action. 

16 (4) Demographic data, including data relating 

17 to race, sex, national origin, and disability, of each 

18 individual for whom eligibility for access to classified 

19 information was denied, suspended, revoked, or ap20 pealed, and the number of years that each such indi21 vidual was eligible for access to such information. 

22 (5) In the case of a suspension in excess of 180 

23 days, an explanation for the such timeframe. 

24 (b) FORM.—The report required under subsection (a) 

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1 licly available, but may include a classified annex for any 

2 sensitive or classified information if necessary. 

3 SEC. 233. FINAL APPEALS PANEL. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall establish an internal appeals 5-person panel for 

6 final national security clearance denial and revocation de7 terminations that is comprised of designees who are ca8 reer, supervisory employees from departmental compo9 nents and headquarters. 

10 (b) CHAIR.—The Chief Security Officer of the De11 partment of Homeland Security shall serve as the chair 

12 of the panel established pursuant to subsection (a). 

13 (c) POSITIONS.—At least two of the positions on the 

14 panel shall be held by non-security related supervisory em15 ployees for not more than two consecutive years, and at 

16 least one position shall held by a security related super17 visory employee for not more than three consecutive years. 

18 (d) SUBPANELS.— 

19 (1) IN GENERAL.—For each matter before the 

20 panel, a 3-person subpanel shall be convened by the 

21 chair, and may include the chairman. 

22 (2) PROHIBITION.—The chair may not select a 

23 panelist to serve on a 3-person subpanel referred to 

24 in paragraph (1) from the same component or office 

25 of the Department of Homeland Security as from 


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1 which the matter before such subpanel originated or 

2 who has a prior relationship with any of the individ3 uals involved in such matter. 

4 (e) PROCEDURES.— 

5 (1) IN GENERAL.—Each individual issued ac6 cess to classified information by the Department of 

7 Homeland Security whose access is denied or re8 voked after a decision from a first-line deciding au9 thority and a supervisor of such first-line deciding 

10 authority may appeal, in writing, to the 5-person ap11 peals panel and appear, with a representative, before 

12 such panel to make a statement. 

13 (2) RULINGS.—A simple majority of the ap14 peals panel is required to uphold or overturn a de15 nial or revocation. 

16 (3) TIMING.—All determinations of the appeals 

17 panel shall be rendered within 90 days of receipt of 

18 an appeal under this section. 

19 (4) FINALITY.—All determinations of the ap20 peals panel shall be final, and no further administra21 tive review shall be permitted. 


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1 Subtitle E—Miscellaneous 

2 Provisions 

3 SEC. 241. INTELLIGENCE REFORM AND TERRORISM PRE4 VENTION ACT OF 2004 REVIEW AND SECURITY 

5 CLEARANCE RECIPROCITY. 

6 (a) IN GENERAL.—Not later than two years after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall submit to the Committee on 

9 Homeland Security and Governmental Affairs of the Sen10 ate and the Committee on Homeland Security of the 

11 House of Representatives a report on— 

12 (1) the impact of the implementation of section 

13 3001 of the Intelligence Reform and Terrorism Pre14 vention Act of 2004 (50 U.S.C. 3341) on security 

15 clearance processes, including— 

16 (A) with respect to the quality of personnel 

17 security investigations and adjudications; and 

18 (B) the extent to which the timelines speci19 fied in such section have impacted security 

20 clearance backlogs, and include recommenda21 tions for areas for reform; and 

22 (2) the extent to which individuals with eligi23 bility for access to classified information, adju24 dicated by the Secretary of Homeland Security or 

25 the head of a component or office of the Department 


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1 of Homeland Security, are granted reciprocity within 

2 the Department and by other agencies, in accord3 ance with subsection (d) of section 3001 of the Intel4 ligence Reform and Terrorism Prevention Act of 

5 2004 (50 U.S.C. 3341), including— 

6 (A) the extent to which the lack of harmo7 nization of suitability standards is a barrier to 

8 such reciprocity; and 

9 (B) recommendations on whether such 

10 standards should be included in interagency 

11 reciprocity agreements. 

12 (b) FORM.—The report required under subsection (a) 

13 shall be submitted in unclassified form and be made pub14 licly available, but may include a classified annex for any 

15 sensitive or classified information if necessary. 

16 SEC. 242. OFFICE OF INSPECTOR GENERAL REPORT. 

17 (a) IN GENERAL.—Not later than two years after the 

18 date of the enactment of this Act, the Inspector General 

19 of the Department of Homeland Security shall submit to 

20 the Committee on Homeland Security and Governmental 

21 Affairs of the Senate and the Committee on Homeland 

22 Security of the House of Representatives a report on the 

23 implementation of responsibilities and mandates of the 

24 Department under this Act, and the amendments made 

25 by this Act. 


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1 (b) FORM.—The report required under subsection (a) 

2 shall be submitted in unclassified form and be made pub3 licly available, but may include a classified annex for any 

4 sensitive or classified information if necessary. 

5 SEC. 243. PENALTIES FOR FALSIFICATION RELATING TO AN 

6 INVESTIGATION FILE. 

7 Section 1001(a) of title 18, United States Code, is 

8 amended by inserting at the end the following: ‘‘If the of9 fense involves an investigation file for a national security 

10 position (as such term is defined in section 732.102 of 

11 title 5, Code of Federal Regulations, or similar successor 

12 regulation), then the maximum term of imprisonment oth13 erwise authorized under this section may be increased by 

14 one year.’’. 

Æ 


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