(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 con-
ducting background investigations; and 
(I) the number of employees of Federal con-
tractors conducting background investigations; 
(2) the average length of time, for each sensi-
tivity 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 inves-
tigation and a periodic reinvestigation; 
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(4) a backlog mitigation plan, which shall in-
clude— 
(A) the identification of the cause of, and 
recommendations to remedy, the backlog; 
(B) the steps the Director shall take to re-
duce 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 informa-
tion and data security. 
SEC. 3. REPORT ON SECURITY CLEARANCE INVESTIGA-
TIONS 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 adju-
dicating security clearance investigations for personnel of 
the Executive Office of the President, including White 
House personnel. 
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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 Suit-
ability 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 imple-
mentation 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 RECI-
PROCITY. 
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 eval-
uation Governmentwide, including— 
(A) the number of agencies with continuous 
evaluation programs and how many of those 
programs are currently meeting the investigative 
standards; 
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(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, regu-
lation, Executive Order, or other administrative 
requirement; and 
(D) plans, including timelines, for imple-
menting continuous evaluation Governmentwide 
and phasing out periodic reinvestigations; 
(2) a detailed explanation of efforts by agencies 
to meet requirements for reciprocal recognition to ac-
cess classified information, including— 
(A) the range of the length of time for agen-
cies to grant reciprocal recognition to access clas-
sified information; 
(B) additional requirements for reinvestiga-
tions or readjudications, by agency; and 
(C) any other barriers to the timely grant-
ing of reciprocity, by agency, including any re-
quirement under a statute, regulation, Executive 
Order, or other administrative requirement; 
(3) recommendations, including timelines, to im-
prove the background investigation process to— 
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(A) simplify the Questionnaire for National 
Security Positions (Standard Form 86) and in-
crease customer support for applicants com-
pleting 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 proc-
ess; and 
(D) build the capacity of the background in-
vestigation labor sector; and 
(4) a review of whether the schedule for proc-
essing 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 commit-
tees’’ means— 
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(A) the Committee on Homeland Security 
and Governmental Affairs and the Select Com-
mittee on Intelligence of the Senate; and 
(B) the Committee on Oversight and Gov-
ernment Reform and the Permanent Select Com-
mittee on Intelligence of the House of Represent-
atives; 
(3) the term ‘‘background investigation’’ means 
any investigation required for the purpose of deter-
mining the— 
(A) eligibility of a covered individual for 
logical and physical access to Federally con-
trolled facilities or information systems; 
(B) suitability or fitness of a covered indi-
vidual for Federal employment; 
(C) eligibility of a covered individual for 
access to classified information or to hold a na-
tional security sensitive position; or 
(D) fitness of a covered individual to per-
form work for or on behalf of the United States 
Government as a contractor employee; and 
(4) the term ‘‘covered individual’’ means an in-
dividual who— 
(A) performs work for or on behalf of an 
agency; or 
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(B) seeks to perform work for or on behalf 
of an agency. 
(b) REVIEW AND UPDATING.— 
(1) INITIAL
REVIEW
AND
UPDATE
OF
GUID-
ANCE.—Not later than 180 days after the date of en-
actment 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 investiga-
tion to initiate for each position designation. 
(2) REVIEWS AND REVISIONS OF POSITION DES-
IGNATIONS.—Not less frequently than every 4 years, 
the President, acting through relevant agencies (as de-
termined 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 Presi-
dent shall submit to the appropriate congressional commit-
tees a report on— 
(1) any issues identified in the review; and 
(2) the number of position designations revised 
as a result of the review. 
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(d) NO CHANGE IN AUTHORITY.—Nothing in this sec-
tion limits or expands the authority of any agency to des-
ignate a position as sensitive or as requiring its occupant 
to have access to classified information. 
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Calendar No. 264 
115TH CONGRESS 
1ST SESSION 
H. R. 3210 
[Report No. 115–185] 
AN ACT 
To require the Director of the National Back-
ground Investigations Bureau to submit a report 
on the backlog of personnel security clearance in-
vestigations, and for other purposes. 
NOVEMBER 27, 2017 
Reported with an amendment 
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