In the Senate of the United States, 
March 15, 2018. 
Resolved, That the bill from the House of Representa-
tives (H.R. 3210) entitled ‘‘An Act to require the Director of 
the National Background Investigations Bureau to submit a 
report on the backlog of personnel security clearance inves-
tigations, and for other purposes.’’, do pass with the following 
AMENDMENT: 
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 Back-
ground Investigations Bureau of the Office;
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(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 Per-
sonnel 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 sub-
mit 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 grant-
ed; 
(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;
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(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 Bu-
reau; and 
(I) the number of employees of contractors 
of the Bureau conducting background investiga-
tions for the Bureau; 
(2) the average length of time, for each sensi-
tivity level, for the Bureau to carry out an initial in-
vestigation 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; 
(4) a backlog mitigation plan, which shall in-
clude— 
(A) the identification of the cause of, and 
recommendations to remedy, the backlog at the 
Bureau;
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the other members of the Suitability and Security Clearance 
Performance Accountability Council established under Ex-
ecutive Order 13467 (73 Fed. Reg. 38103) and the Under 
Secretary of Defense for Intelligence, shall submit to Con-
gress a report on the cost of maintaining comprehensive 
background investigations capability within the Office 
under the control or direction of the Bureau and a back-
ground investigations capability for Department of Defense 
personnel under the control or direction of the Department 
of Defense for implementation of the plan referenced in sec-
tion 925 of the National Defense Authorization Act for Fis-
cal Year 2018 (Public Law 115–91), as compared to the 
cost of sustaining a single Government-wide background in-
vestigations enterprise. 
SEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECI-
PROCITY, 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 eval-
uation Government-wide, including— 
(A) the number of agencies with continuous 
evaluation programs and how many of those 
programs are currently conducting automated
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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, regu-
lation, Executive Order, or other administrative 
requirement; 
(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; and 
(3) 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.
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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 commit-
tees’’ means— 
(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
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(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’’— 
(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 ac-
cess to classified information or eligibility to 
hold a sensitive position, including, but not lim-
ited to, contractors, subcontractors, licensees, cer-
tificate 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
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Code, or an annual legislative branch ap-
propriations Act (except to the extent other-
wise directed by the Vice President). 
(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 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 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
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(2) the number of position designations revised 
as a result of the review. 
(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. 
Attest: 
Secretary.