self-inspection program determination in ac-
cordance with subsection (c), and assess such 
department or agency’s procedures and activi-
ties regarding classification challenges. Specifi-
cally, each third evaluation shall— 
‘‘(i)(I) assess implementation of pro-
cedures by such department or agency to 
encourage authorized holders of classified 
information, including authorized holders 
outside the classifying agency, to challenge 
the classification of information that they 
believe is improperly classified or unclassi-
fied, as required by section 1.8 of Execu-
tive Order 13526 (50 U.S.C. 3161 note) or 
successor order, and the degree to which 
such department or agency makes each au-
thorized holder of classified information 
aware of the procedures and encourages 
such holders to challenge the classification 
of information that they believe is improp-
erly classified or unclassified; and 
‘‘(II) to the extent practicable, review 
data reflecting the disposition of challenges 
received by such department or agency, in-
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cluding how often such challenges resulted 
in a change in classification; 
‘‘(ii) review the degree to which infor-
mation that was declassified was deter-
mined by the agency to be of extraordinary 
public interest that does not undermine the 
national security of the United States, in-
cluding information on the number of na-
tional security positions (pursuant to sec-
tion 732 of title 5, Code of Federal Regu-
lations), by classification level, that are 
designated within the agency during that 
period; and 
‘‘(iii) shall be completed not later than 
September 30, 2019.’’; and 
(3) in paragraph (3)(B)— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding after clause (ii) the following 
new clause: 
‘‘(iii) information relating to the as-
sessment 
required 
under 
paragraph 
(1)(C).’’. 
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SEC. 102. UNIFORMITY IN SAMPLING. 
Section 6 of the Reducing Over-Classification Act (50 
U.S.C. 3161 note; Public Law 111–258) is amended by 
adding at the end the following new subsection: 
‘‘(c) UNIFORMITY
IN SAMPLING.—The President, 
acting through the Director of the Information Security 
Oversight Office, shall issue a standardized sampling tech-
nique for department and agency self-inspection programs 
as required pursuant to Executive Order 13526 (50 
U.S.C. 3161 note) in order to address any vulnerabilities 
in such programs.’’. 
SEC. 103. TEN PERCENT REDUCTION IN HOLDINGS OF 
CLASSIFIED INFORMATION. 
Section 6 of the Reducing Over-Classification Act (50 
U.S.C. 3161 note; Public Law 111–258), as amended by 
section 102 of this Act, is further amended by adding at 
the end the following new subsection: 
‘‘(d) TEN PERCENT REDUCTION IN HOLDING OF 
CLASSIFIED INFORMATION.—The President shall estab-
lish goals for reducing, by the date that is not later than 
five years after the date of the enactment of this sub-
section, classified information, through declassification 
and improved original and derivative classification deci-
sionmaking, by not less than ten percent as compared to 
the amount of such information as of the day before such 
date. For purposes of this subsection, classified informa-
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tion that would otherwise be declassified pursuant to Ex-
ecutive Order 13526 (50 U.S.C. 3161 note) shall not 
count towards such ten percent requirement.’’. 
SEC. 104. STATUS UPDATE ON EFFORTS AT REDUCING 
HOLDINGS OF CLASSIFIED INFORMATION. 
Section 704(d)(1) of the Public Interest Declassifica-
tion Act of 2000 (50 U.S.C. 3161 note; Public Law 106– 
567) is amended by striking the period and inserting ‘‘and 
information on the status of efforts, to the extent prac-
ticable on an agency-by-agency basis, at reducing the hold-
ing of classified information pursuant to section 6(d) of 
the Reducing Over-Classification Act (50 U.S.C. 3161 
note; Public Law 111–258).’’. 
SEC. 105. REPORT. 
Section 6 of the Reducing Over-Classification Act (50 
U.S.C. 3161 note; Public Law 111–258), as amended by 
sections 102 and 103 of this Act, is further amended by 
adding at the end the following new subsection: 
‘‘(e) REPORT.—The Inspector General of each de-
partment or agency of the United States with an officer 
or employee who is authorized to make original and deriv-
ative classification decisions shall submit to the appro-
priate entities (as such term is defined in subsection 
(b)(4)) a report relating to progress accomplished under 
subsections (c) and (d).’’. 
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SEC. 106. PUBLIC INTEREST DECLASSIFICATION BOARD 
ENHANCEMENTS. 
(a) REVIEWS OF CLASSIFICATION GUIDANCE.—Sub-
sections (a) and (b) of section 704 of the Public Interest 
Declassification Act of 2000 (50 U.S.C. 3161 note; Public 
Law 106–567) are amended to read as follows: 
‘‘(a) AGENCY DECLASSIFICATION PROGRAMS
AND 
CLASSIFICATION GUIDANCE.— 
‘‘(1) DECLASSIFICATION PROGRAMS.— 
‘‘(A) REPORT.—The head of any agency 
with the authority under an Executive order to 
classify information shall annually provide to 
the Board, the Select Committee on Intelligence 
of the Senate, and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives a summary briefing and report on 
the progress and plans of such agency in the 
declassification of national security information. 
‘‘(B) CONTENTS.—Each briefing and re-
port required under subparagraph (A) shall— 
‘‘(i) cover the declassification goals set 
by statute, regulation, or policy, the 
progress of the agency towards completing 
such goals, and the planned goals and pri-
orities of the agency for its declassification 
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activities over the 2 fiscal years following 
the report; 
‘‘(ii) give particular attention to 
progress on the declassification of records 
and materials that are of extraordinary 
public interest to the people of the United 
States; and 
‘‘(iii) include information on the dis-
position of recommendations regarding 
Special Searches for Records of Extraor-
dinary Public Interest submitted pursuant 
to section 704(c). 
‘‘(C) CONSOLIDATED
REPORT.—The an-
nual briefing and report under paragraph (1) 
for agencies within the Department of Defense, 
including the military departments and the ele-
ments of the intelligence community (as defined 
in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4))), shall be provided 
on a consolidated basis. 
‘‘(2) REVIEW OF CLASSIFICATION GUIDANCE.— 
The Board shall, on an ongoing basis, review classi-
fication guidance required pursuant to Executive 
Order 13526 (50 U.S.C. 3161 note) or any suc-
cessor order utilized within each agency to assess— 
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‘‘(A) the validity of the national security 
basis for each instruction in the classification 
guidance; 
‘‘(B) the clarity of each instruction within 
the classification guidance to ensure that only 
the minimum necessary information is classi-
fied; and 
‘‘(C) the feasibility of narrowing or elimi-
nating any classification guidance that is un-
necessary or obsolete. 
‘‘(3) PLAN
FOR
REVIEWING
CLASSIFICATION 
GUIDANCE.—Not later than 90 days after the date 
of the enactment of the Clearance and Over-Classi-
fication Reform and Reduction Act, the Chairperson 
of the Board shall submit a multi-year plan for re-
viewing classification guidance utilized within each 
agency, with benchmarks for when and, to the extent 
practicable, which classification guidance will be re-
viewed and how the findings will be shared with the 
head of each agency and the inspector general of 
each agency. 
‘‘(4) RECOMMENDATIONS
FOR
HARMONIZING 
AND
REDUCING
CLASSIFICATION
GUIDANCE.—Not 
later than one year after the date of the enactment 
of the Clearance and Over-Classification Reform and 
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Reduction Act, the Chairperson of the Board shall 
submit recommendations for harmonizing and reduc-
ing classification guidance across the Federal Gov-
ernment to the President. 
‘‘(b) RECOMMENDATIONS
ON
AGENCY
DECLAS-
SIFICATION
PROGRAMS
AND
CLASSIFICATION
GUID-
ANCE.— 
‘‘(1) IN GENERAL.—Upon reviewing classifica-
tion guidance and discussing declassification plans 
and progress with an agency, the Board shall pro-
vide to the head of that agency, the Director of the 
Office of Management and Budget, and the Assist-
ant to the President for National Security Affairs 
the written recommendations of the Board as to how 
the classification guidance and declassification pro-
gram of the agency could be improved. 
‘‘(2) PUBLIC AVAILABILITY.—Not later than 60 
days after the Board provides written recommenda-
tions to the head of an agency in accordance with 
paragraph (1), the Board shall make such rec-
ommendations public in accordance with subsection 
(k).’’. 
(b) STAFF AND DETAILEES.—Subsection (f) of sec-
tion 703 of such Act is amended to read as follows: 
‘‘(f) DIRECTOR AND STAFF.— 
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‘‘(1) DIRECTOR.—The Chairperson of the 
Board, in accordance with rules agreed upon by the 
Board, shall appoint and fix the compensation of a 
Director, except that no rate of pay fixed under this 
paragraph may exceed the equivalent of that payable 
for a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
‘‘(2) STAFF.—The Chairperson of the Board, in 
accordance with rules agreed upon by the Board, 
may appoint and fix the pay of personnel as may be 
necessary to enable the Board to carry out its func-
tions. 
‘‘(3) APPLICABILITY OF CERTAIN CIVIL SERV-
ICE
LAWS.—The Director and staff may be ap-
pointed without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and may be paid without regard 
to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification 
and General Schedule pay rates. 
‘‘(4) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Board with the 
agreement of, and without reimbursement to, the de-
tailing agency, and such detail shall be without 
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interruption or loss of civil, military, or foreign serv-
ice status or privilege.’’. 
(c) COMPENSATION AND TRAVEL EXPENSES.—Sub-
section (h) of section 703 of such Act is amended to read 
as follows: 
‘‘(h) COMPENSATION AND TRAVEL EXPENSES.— 
‘‘(1) COMPENSATION.— 
‘‘(A) CHAIRPERSON.—The Chairperson of 
the Board shall be compensated at the rate of 
pay payable for a position at level III of the Ex-
ecutive Schedule under section 5314 of title 5, 
United States Code. 
‘‘(B) MEMBERS.—Each member of the 
Board shall be compensated at a rate of pay 
payable for a position at level IV of the Execu-
tive Schedule under section 5315 of such title, 
for each day during which that member is en-
gaged in the actual performance of the duties 
of the Board. 
‘‘(2) TRAVEL
EXPENSES.—Members of the 
Board shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code.’’. 
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(d) PUBLIC MEETINGS.—Section 704(c) of such Act 
is amended by adding at the end the following new para-
graph: 
‘‘(3) In carrying out this subsection, the Board shall 
conduct public meetings on at least a semiannual basis 
and publish in the Federal Register notice of such meet-
ings.’’. 
(e) EXTENSION OF SUNSET.—Subsection (b) of sec-
tion 710 of such Act is amended by striking ‘‘2018’’ and 
inserting ‘‘2024’’. 
SEC. 107. CLASSIFICATION DESIGNATION TRAINING. 
Section 7 of the Reducing Over-Classification Act (50 
U.S.C. 3344; Public Law 111–258) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1)— 
(A) in the first sentence, by inserting ‘‘, in-
cluding computer-based training,’’ after ‘‘an-
nual training’’; and 
(B) in the second sentence, by inserting 
‘‘such’’ before ‘‘training’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) RECORDKEEPING.—The head of each Executive 
agency shall maintain records and make such records 
available to the inspector general of each such agency of 
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the extent to which training required under this section 
is completed by each employee subject to such training.’’. 
SEC. 108. REDUCING OVER-CLASSIFICATION GUIDANCE. 
The Secretary of Homeland Security shall develop 
and disseminate to components of the Department of 
Homeland Security and make available to other agencies 
guidance on best practices and strategies to implement the 
Reducing Over-Classification Act (Public Law 111–258), 
as amended by this Act. Such guidance shall include infor-
mation on the following: 
(1) Administrative approaches, including the es-
tablishment of internal quarterly meetings and work-
ing groups to carry out the requirements of the Re-
ducing Over-Classification Act (Public Law 111– 
258). 
(2) Consolidation of information security poli-
cies throughout an agency. 
(3) Provision of training, including in-person 
initial training and computer-based recurrent train-
ing, in accordance with section 7 of the Reducing 
Over-Classification Act, as amended by section 105 
of this Act. 
(4) Adoption of uniform formats for the prepa-
ration, production, or publication of classified infor-
mation. 
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(5) Ways to encourage an authorized holder of 
classified information to challenge the classification 
of information that such holder believes is improp-
erly classified or unclassified, as required by section 
1.8 of Executive Order 13526 (50 U.S.C. 3161 
note) or successor order. 
Subtitle B—Governmentwide 
Reforms 
SEC. 111. SENSE OF CONGRESS. 
It is the sense of Congress that a position shall only 
be designated as a national security position if access to 
classified information is required or if that position— 
(1) presents a risk of a material adverse effect 
on the national security (as described in section 
732.201 of title 5, Code of Federal Regulations); 
and 
(2) is determined to be a public trust position 
(as described in section 731.106 of title 5, Code of 
Federal Regulations). 
SEC. 112. REPORT ON CERTAIN DESIGNATIONS. 
(a) REPORT.—Not later than 6 months after the date 
of enactment of this Act and biannually thereafter, the 
head of each agency with the authority to designate a na-
tional security position shall submit to Congress a report 
that provides information regarding any national security 
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position for which access to classified materials is not re-
quired and the position is not determined to be a public 
trust position (as described in section 731.106 of title 5, 
Code of Federal Regulations). 
(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) a description for the position, including spe-
cific information on duties and day-to-day oper-
ations; 
(2) the history of the position’s national secu-
rity position designation, including whether the posi-
tion is newly created or was transferred from an-
other department, division, or program; 
(3) an explanation of the position’s national se-
curity position designation and whether responsibil-
ities have been added to the position to explain the 
designation; 
(4) an explanation of the national security im-
plications of the position; 
(5) the advertising and recruitment mechanisms 
used to fill the position; 
(6) information on the individual who holds the 
position, including as appropriate, information on 
periods when the individual had previously held a 
national security position; and 
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(7) demographic information on the individual 
who holds the position, including age, gender, race, 
ethnicity, employment status, and geographic loca-
tion. 
(c) PUBLIC REPORT.—The report required under 
subsection (a) shall be submitted in unclassified form and 
be made publicly available, but may include a classified 
annex for any sensitive or classified information if nec-
essary. 
SEC. 113. TRANSPARENCY AND ACCOUNTABILITY IN PER-
SONNEL SECURITY INVESTIGATIONS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Director of National 
Intelligence and the Director of the Office of Personnel 
Management shall establish requirements for a uniform 
markings process to identify the investigation service pro-
vider that originated each piece of information in a current 
investigation file. 
(b) UTILIZATION.— 
(1) IN GENERAL.—Not later than 90 days after 
the establishment of the uniform markings process 
pursuant to subsection (a), investigation service pro-
viders shall utilize such uniform markings process 
and make available, upon request by the authorized 
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adjudicative agency, all documents in a current in-
vestigation file. 
(2) EXCEPTION.—This subsection shall not 
apply to a personnel security investigation that an 
agency conducts using its own personnel, under dele-
gated or statutory authority. 
SEC. 114. CONTINUOUS EVALUATION PROGRAMS AND IN-
SIDER THREAT PROGRAMS. 
(a) FINDINGS.—Congress finds the following: 
(1) The term ‘‘continuous evaluation’’ as de-
fined in Executive Order 13467, means reviewing 
the background of an individual who has been deter-
mined to be eligible for access to classified informa-
tion at any time during the period of eligibility. 
(2) Since 1998, at least 10 continuous evalua-
tion pilot studies have been carried out by Federal 
agencies to monitor the individuals with security 
clearances on an ongoing basis. 
(3) The Department of Defense has conducted 
multiple continuous evaluation pilots since early 
2002 and has more than one pilot that is ongoing 
as of July 1, 2014. By October 2014, the Depart-
ment anticipates 100,000 people to be subject to 
continuous evaluation with the population steadily 
rising to 1 million by 2017. 
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(4) The Office of the Director of National Intel-
ligence plans for all individuals with Top Secret 
clearances or higher to be subject to continuous eval-
uation by 2016. 
(5) Since 2010, applicants submitting an appli-
cation for a security clearance, the Standard Form 
86, are required to consent to being monitored 
through continuous evaluation. 
(6) In February 2014, the Office of Manage-
ment and Budget issued a 120-day review of Federal 
employee suitability and contractor fitness deter-
minations as well as security clearance procedures 
and recommended an accelerated timetable for an 
integrated solution or continuous evaluation program 
across all Federal agencies and security levels. 
(7) In addition to continuous evaluation, some 
Federal agencies are establishing insider threat pro-
grams pursuant to Executive Order 13587 (50 
U.S.C. 3161 note), which authorized the establish-
ment of insider threat programs to, among other 
things, identify any Government or contracted em-
ployee that may have compromised national security 
through such employee’s work capacity. 
(8) Continuous evaluation and insider threat 
programs are proliferating throughout the Federal 
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government without requirements for protections to 
ensure that such programs be designed and imple-
mented in a manner that not only protects national 
security but also promotes fairness, transparency, 
and employee protections, including whistleblower 
protections. 
(b) REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this Act, the Privacy and Civil 
Liberties Oversight Board, established under section 1061 
of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (42 U.S.C. 2000ee), shall publish in the Federal 
Register standards for the protection of national security 
and promotion of fairness, transparency, and employee 
protections, including safeguards to preserve the rights 
and confidentiality of whistleblowers with respect to the 
operation of a continuous evaluation program and the op-
eration of an insider threat program by a Federal agency. 
(c) CERTIFICATION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of publication of the standards under sub-
section (b), the head of any agency that is operating 
a continuous evaluation program or insider threat 
program as of the date of the enactment of this Act 
shall— 
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(A) certify whether such program is in 
compliance with the standards established 
under subsection (b); and 
(B) publish such certification in the Fed-
eral Register. 
(2) SUSPENSION OR PROGRAM.—Any such head 
who certifies that a continuous evaluation program 
or insider threat program does not meet such stand-
ards or who fails to publish a certification of compli-
ance pursuant to paragraph (1) shall suspend the 
program until such program is compliant and certifi-
cation of compliance is published in the Federal 
Register. 
(d) REPORT.—The head of any agency that is oper-
ating a continuous evaluation program or insider threat 
program as of the date of enactment of this Act shall an-
nually submit to Congress a report that includes the fol-
lowing information: 
(1) The number of individuals in the agency 
subject to the continuous evaluation program or in-
sider threat program. 
(2) The number of individuals in the agency 
whose eligibility for access to classified information 
was suspended or revoked as a result of information 
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acquired through the continuous evaluation program 
or insider threat program. 
(3) The total number of individuals in the agen-
cy who are eligible to access classified information. 
(4) Demographic information on each individual 
whose eligibility for access to classified information 
was changed as a result of information collected 
through the continuous evaluation program or in-
sider threat program, including age, race, gender, 
and ethnicity. 
(5) A description of the mechanisms used to 
conduct the evaluations, including how individuals 
were selected, whether the evaluations were random-
ized, and if so, the nature of the randomization, in-
cluding the degree to which it was temporally ran-
domized and the degree to which the selection of in-
dividuals subject to the program was randomized. 
(6) A description of the types of information 
that were captured through the continuous evalua-
tion program or insider threat program and were the 
basis for further investigation. 
(7) The frequency that information captured 
through the continuous evaluation program or in-
sider threat program was the basis for further inves-
tigation. 
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(8) Information on any individual whose eligi-
bility for access to classified information was 
changed as a result of information collected through 
the continuous evaluation program or insider threat 
program, including the clearance level of each im-
pacted individual and what position, if any, the indi-
vidual holds within the agency, number of years the 
individual has been eligible to access classified infor-
mation at the level held at the time that the indi-
vidual was subject to the continuous evaluation pro-
gram or insider threat program and, if available, the 
frequency that classified information was accessed 
by each such individual. 
(9) Identification of each database that was 
accessed. 
(10) Protocols for resolution of information 
captured through the continuous evaluation program 
or insider threat program that was the basis for fur-
ther investigation, including the provision of notifica-
tion to the impacted individual’s supervisor and the 
impacted individual. 
(11) Information on any specific instance in 
which the continuous evaluation program or insider 
threat program resulted in the protection of classi-
fied information and national security. 
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(12) Information on the annual and life-cycle 
costs of the continuous investigation or insider 
threat program and, in the event that the head of 
the agency intends to expand the program, informa-
tion on the anticipated costs of expansion. 
(e) PILOT PROGRAM.—The head of any agency that 
establishes a continuous evaluation program after the date 
of the enactment of this Act shall be subject to the fol-
lowing requirements: 
(1) Before initiating a continuous evaluation 
program or insider threat program, such head shall 
conduct a pilot continuous evaluation program or 
pilot insider threat program that is not shorter than 
120 days in duration and uses a representative sam-
ple of individuals eligible for access to classified in-
formation, including individuals employed by con-
tractors. Participants in the program shall receive 
notification and, in the event that derogatory infor-
mation is identified through the program that re-
sults in changes to such participant’s eligibility for 
access to classified information, shall be provided ac-
cess to the redress process described under section 
116. 
(2) Before conducting a pilot continuous eval-
uation program or pilot insider threat program 
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under paragraph (1), such head shall publish, in the 
Federal Register, a notice of the program that pro-
vides information on the provisions of the program, 
metrics for evaluating its efficacy, and a privacy im-
pact assessment. 
(3) Not later than 90 days after the initiation 
of a pilot continuous evaluation program or pilot in-
sider threat program pursuant to paragraph (1), 
such head shall submit to Congress a preliminary re-
port that includes— 
(A) the number of individuals evaluated 
under the program; 
(B) the total number of individuals in the 
agency who are eligible to access classified in-
formation; 
(C) demographics of the individuals evalu-
ated under the program, including age, race, 
gender, ethnicity, employer, clearance level, and 
the number of years the individual has been eli-
gible to access classified information; 
(D) a position description for each indi-
vidual evaluated under the program; 
(E) a description of the mechanisms used 
to conduct the evaluations, including how indi-
viduals were selected, whether the evaluations 
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were randomized, and if so, the nature of the 
randomization, including the degree to which it 
was temporally randomized and the degree to 
which the selection of individuals subject to the 
program was randomized; 
(F) a description of the types of informa-
tion that were captured through the program 
and were the basis for further investigation; 
(G) the frequency that information cap-
tured through the program was the basis for 
further investigation; and 
(H) information on the number of individ-
uals whose eligibility for access to classified in-
formation was changed as a result of informa-
tion collected through the program. 
(4) Not later than 180 days after the conclu-
sion of a pilot continuous evaluation program or 
pilot insider threat program pursuant to paragraph 
(1) or expansion of a pilot continuous evaluation 
program or pilot insider threat program, such head 
shall submit to Congress a final report that updates 
the information required in the preliminary report 
under paragraph (3). The report shall include— 
(A) an identification of each database that 
was accessed; 
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(B) protocols for resolution of information 
captured through the program that was the 
basis for further investigation, including the 
provision of notification to the impacted individ-
ual’s supervisor and the impacted individual; 
(C) information on any specific instance in 
which continuous evaluation resulted in the pro-
tection of classified information and national se-
curity; and 
(D) information regarding the annual and 
life-cycle costs of the program and, in the event 
that such head intends to expand the program 
or initiate a continuous evaluation program or 
insider threat program, information on the an-
ticipated costs of an expansion or initiation. 
(5) Prior to expanding a pilot continuous eval-
uation program or insider threat program or initi-
ating a continuous evaluation program or insider 
threat program, such head shall secure a privacy im-
pact assessment from the top privacy and civil lib-
erties officials at such agency. 
(f) UNCLASSIFIED REPORTS.—All reports required 
under this section shall be submitted in unclassified form 
and be made publicly available, but may include a classi-
fied annex if necessary. 
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(g) LIMITATION ON DATA COLLECTION.—Not later 
than 180 days after the date of enactment of this Act, 
the head of an agency that operates a continuous evalua-
tion program shall ensure that data collection under the 
program is limited to databases and other sources of infor-
mation accessed for a periodic reinvestigation as of the 
date of enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) CONTINUOUS EVALUATION PROGRAM.—The 
term ‘‘continuous evaluation program’’ means any 
program continually reviewing the background of an 
individual who has been determined to be eligible for 
access to classified information pursuant to Execu-
tive Order 12968 (50 U.S.C. 3161 note) or any 
other similar authority. 
(2) INSIDER THREAT PROGRAM.—The term ‘‘in-
sider threat program’’ means any program moni-
toring the activity of an individual who has been de-
termined to be eligible for access to classified infor-
mation to improve insider threat detection and pre-
vention pursuant to Executive Order 13587 (50 
U.S.C. 3161 note), or successor order. 
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SEC. 115. MITIGATING FACTORS IN THE CONTEXT OF A 
CONTINUOUS EVALUATION PROGRAM OR IN-
SIDER THREAT PROGRAM. 
(a) CONTINUOUS EVALUATION.—Not later than 120 
days after the date of enactment of this Act, for each adju-
dicative guideline for individuals with access to classified 
information (as described in part 147 of title 32, Code 
of Federal Regulations or similar successor regulation) the 
President shall update and tailor the conditions that miti-
gate security concerns to address continuous evaluation of 
such individuals performed pursuant to Executive Order 
12968 (50 U.S.C. 3161 note) or any other authority, in-
cluding the implications of recency on the availability of 
mitigation. 
(b) INSIDER THREAT PROGRAM.—Not later than 240 
days after the date of enactment of this Act, the President 
shall establish adjudicative guidelines, including conditions 
that mitigate security concerns that consider the implica-
tions of recency on the availability of mitigation, for an 
individual who is subject to an adverse decision based on 
an insider threat program established pursuant to Execu-
tive Order 13587 (50 U.S.C. 3161 note) or successor 
order. 
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SEC. 116. APPEAL TO THE MERIT SYSTEMS PROTECTION 
BOARD. 
An employee for whom a final determination of ineli-
gibility for a national security position has been made is 
entitled to appeal to the Merit Systems Protection Board 
under section 7701 of title 5, United States Code. 
SEC. 117. AUTOMATED OR NONGOVERNMENTAL ADJUDICA-
TION PROHIBITED. 
(a) IN GENERAL.—An adjudication by an agency 
that an individual may not have access to classified infor-
mation may only be made by a Federal employee and may 
not be rendered by an automated, electronic, or computer 
system. 
(b) FEDERAL EMPLOYEE DEFINED.—In this section, 
the term ‘‘Federal employee’’ has the meaning given the 
term ‘‘employee’’ in section 2105 of title 5, United States 
Code, and includes any member of the uniformed services. 
SEC. 118. REPORT ON MEDIA CONTACTS POLICY FOR IN-
TELLIGENCE PERSONNEL. 
Not later than 90 days after the date of the enact-
ment of this Act, the head of each element of the intel-
ligence community (as such term is defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 3003(4))) 
shall submit to Congress a report on each such element’s 
implementation of policy directives regarding contacts 
with news media by intelligence community personnel. 
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Such report shall describe how each such element’s imple-
mentation of such directives protects the free speech rights 
of intelligence community personnel, including intelligence 
community personnel who choose to discuss unclassified 
public policy issues with friends or family members who 
may use new media technologies. 
TITLE 
II—DEPARTMENT 
OF 
HOMELAND 
SECURITY 
CLEARANCE 
PROCESS 
RE-
FORMS 
Subtitle A—Designation 
SEC. 201. DESIGNATION OF NATIONAL SECURITY SEN-
SITIVE AND PUBLIC TRUST POSITIONS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall require the Department of Homeland Security, 
including all components of the Department, to designate 
the sensitivity level of national security positions (pursu-
ant to part 732 of title 5, Code of Federal Regulations, 
or similar successor regulation) in an accurate and con-
sistent manner within the Department, including all such 
components. 
(b) IMPLEMENTATION.—In carrying out subsection 
(a), the Secretary of Homeland Security shall require the 
utilization of uniform designation tools throughout the De-
partment of Homeland Security, including all components 
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of the Department, and provide training to appropriate 
staff of the Department, including staff of all such compo-
nents, on such utilization. Such training shall include 
guidance on factors for determining eligibility for access 
to classified information and facilities with classified infor-
mation. 
SEC. 202. AUDITS. 
Not later than 180 days after the Director of Na-
tional Intelligence and Director of the Office of Personnel 
Management issue a rule for designation of national secu-
rity positions (pursuant to part 732 of title 5, Code of 
Federal Regulations, or similar successor regulation), the 
Inspector General of the Department of Homeland Secu-
rity shall conduct regular audits of compliance of the De-
partment with such rule. 
SEC. 203. REVIEW OF POSITION DESIGNATIONS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Chief Security Officer of the De-
partment of Homeland Security, shall biennially conduct 
a review of all sensitivity level designations of national se-
curity positions (pursuant to part 732 of title 5, Code of 
Federal Regulations, or similar successor regulation) at 
the Department. 
(b) DETERMINATION.—If during the course of a re-
view required under subsection (a) the Secretary of Home-
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