Title: Modernizing the Trusted Workforce for the 21st Century Act of 2018
Policy area: Armed Forces and National Security

Summary:
Modernizing the Trusted Workforce for the 21st Century Act of 2018
This bill directs the Security, Suitability, and Credentialing Performance Accountability Council to prepare various reports and strategies related to improving the framework for vetting individuals for security clearances. The council shall also revise the security clearance process to improve promptness, specifically so that 90% of determinations on clearances at the secret level are issued within 30 days and clearances at the top secret are issued within 90 days.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3724 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3724

 To improve the processing and oversight by the Federal Government of 
   security clearances and background investigations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2018

  Mr. Warner introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To improve the processing and oversight by the Federal Government of 
   security clearances and background investigations, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Modernizing the 
Trusted Workforce for the 21st Century Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reports and plans relating to security clearances and 
                            background investigations.
Sec. 4. Improving the process for security clearances.
Sec. 5. Goals for promptness of determinations regarding security 
                            clearances.
Sec. 6. Security Executive Agent.
Sec. 7. Report on unified, simplified, Governmentwide standards for 
                            positions of trust and security clearances.
Sec. 8. Report on clearance in person concept.
Sec. 9. Budget request documentation on funding for background 
                            investigations.
Sec. 10. Reports on reciprocity for security clearances inside of 
                            departments and agencies.
Sec. 11. Intelligence community reports on security clearances.
Sec. 12. Periodic report on positions in the intelligence community 
                            that can be conducted without access to 
                            classified information, networks, or 
                            facilities.
Sec. 13. Information sharing program for positions of trust and 
                            security clearances.
Sec. 14. Report on protections for confidentiality of whistleblower-
                            related communications.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives;
                    (F) the Committee on Appropriations of the House of 
                Representatives;
                    (G) the Committee on Homeland Security of the House 
                of Representatives; and
                    (H) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            (2) Appropriate industry partners.--The term ``appropriate 
        industry partner'' means a contractor, licensee, or grantee (as 
        defined in section 101(a) of Executive Order 12829 (50 U.S.C. 
        3161 note; relating to National Industrial Security Program)) 
        that is participating in the National Industrial Security 
        Program established by such Executive Order.
            (3) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' has the meaning given 
        such term in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003).
            (4) Continuous vetting.--The term ``continuous vetting'' 
        has the meaning given such term in Executive Order 13467 (50 
        U.S.C. 3161 note; relating to reforming processes related to 
        suitability for Government employment, fitness for contractor 
        employees, and eligibility for access to classified national 
        security information).
            (5) Council.--The term ``Council'' means the Security, 
        Suitability, and Credentialing Performance Accountability 
        Council established pursuant to such Executive Order, or any 
        successor entity.
            (6) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (7) Suitability and credentialing executive agent.--The 
        term ``Suitability and Credentialing Executive Agent'' means 
        the Director of the Office of Personnel Management acting as 
        the Suitability and Credentialing Executive Agent in accordance 
        with Executive Order 13467 (50 U.S.C. 3161 note; relating to 
        reforming processes related to suitability for Government 
        employment, fitness for contractor employees, and eligibility 
        for access to classified national security information), or any 
        successor entity.

SEC. 3. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND 
              BACKGROUND INVESTIGATIONS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) ensuring the trustworthiness and security of the 
        workforce, facilities, and information of the Federal 
        Government is of the highest priority to national security and 
        public safety;
            (2) the President and Congress should prioritize the 
        modernization of the personnel security framework to improve 
        its efficiency, effectiveness, and accountability;
            (3) the current system for security clearance, suitability 
        and fitness for employment, and credentialing lacks 
        efficiencies and capabilities to meet the current threat 
        environment, recruit and retain a trusted workforce, and 
        capitalize on modern technologies; and
            (4) changes to policies or processes to improve this system 
        should be vetted through the Council to ensure standardization, 
        portability, and reciprocity in security clearances across the 
        Federal Government.
    (b) Accountability Plans and Reports.--
            (1) Plans.--Not later than 90 days after the date of the 
        enactment of this Act, the Council shall submit to the 
        appropriate congressional committees and make available to 
        appropriate industry partners the following:
                    (A) A plan, with milestones, to reduce the 
                background investigation inventory to 200,000, or an 
                otherwise sustainable steady-level, by the end of year 
                2020. Such plan shall include notes of any required 
                changes in investigative and adjudicative standards or 
                resources.
                    (B) A plan to consolidate the conduct of background 
                investigations associated with the processing for 
                security clearances in the most effective and efficient 
                manner between the National Background Investigation 
                Bureau and the Defense Security Service, or a successor 
                organization. Such plan shall address required funding, 
                personnel, contracts, information technology, field 
                office structure, policy, governance, schedule, 
                transition costs, and effects on stakeholders.
            (2) Report on the future of personnel security.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Chairman of the 
                Council, in coordination with the members of the 
                Council, shall submit to the appropriate congressional 
                committees and make available to appropriate industry 
                partners a report on the future of personnel security 
                to reflect changes in threats, the workforce, and 
                technology.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include the following:
                            (i) A risk framework for granting and 
                        renewing access to classified information.
                            (ii) A discussion of the use of 
                        technologies to prevent, detect, and monitor 
                        threats.
                            (iii) A discussion of efforts to address 
                        reciprocity and portability.
                            (iv) A discussion of the characteristics of 
                        effective insider threat programs.
                            (v) An analysis of how to integrate data 
                        from continuous evaluation, insider threat 
                        programs, and human resources data.
                            (vi) Recommendations on interagency 
                        governance.
            (3) Plan for implementation.--Not later than 180 days after 
        the date of the enactment of this Act, the Chairman of the 
        Council, in coordination with the members of the Council, shall 
        submit to the appropriate congressional committees and make 
        available to appropriate industry partners a plan to implement 
        the report's framework and recommendations submitted under 
        paragraph (2)(A).
            (4) Congressional notifications.--Not less frequently than 
        quarterly, the Security Executive Agent shall make available to 
        the public a report regarding the status of the disposition of 
        requests received from departments and agencies of the Federal 
        Government for a change to, or approval under, the Federal 
        investigative standards, the national adjudicative guidelines, 
        continuous evaluation, or other national policy regarding 
        personnel security.

SEC. 4. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.

    (a) Reviews.--Not later than 180 days after the date of the 
enactment of this Act, the Security Executive Agent, in coordination 
with the members of the Council, shall submit to the appropriate 
congressional committees and make available to appropriate industry 
partners a report that includes the following:
            (1) A review of whether the information requested on the 
        Questionnaire for National Security Positions (Standard Form 
        86) and by the Federal Investigative Standards prescribed by 
        the Office of Personnel Management and the Office of the 
        Director of National Intelligence appropriately supports the 
        adjudicative guidelines under Security Executive Agent 
        Directive 4 (known as the ``National Security Adjudicative 
        Guidelines''). Such review shall include identification of 
        whether any such information currently collected is unnecessary 
        to support the adjudicative guidelines.
            (2) An assessment of whether such Questionnaire, Standards, 
        and guidelines should be revised to account for the prospect of 
        a holder of a security clearance becoming an insider threat.
            (3) Recommendations to improve the background investigation 
        process by--
                    (A) simplifying the Questionnaire for National 
                Security Positions (Standard Form 86) and increasing 
                customer support to applicants completing such 
                Questionnaire;
                    (B) using remote techniques and centralized 
                locations to support or replace field investigation 
                work;
                    (C) using secure and reliable digitization of 
                information obtained during the clearance process;
                    (D) building the capacity of the background 
                investigation labor sector; and
                    (E) replacing periodic reinvestigations with 
                continuous evaluation techniques in all appropriate 
                circumstances.
    (b) Policy, Strategy, and Implementation.--Not later than 180 days 
after the date of the enactment of this Act, the Security Executive 
Agent shall, in coordination with the members of the Council, establish 
the following:
            (1) A policy and implementation plan for the issuance of 
        interim security clearances.
            (2) A policy and implementation plan to ensure contractors 
        are treated consistently in the security clearance process 
        across agencies and departments of the United States as 
        compared to employees of such agencies and departments. Such 
        policy shall address--
                    (A) prioritization of processing security 
                clearances based on the mission the contractors will be 
                performing;
                    (B) standardization in the forms that agencies 
                issue to initiate the process for a security clearance;
                    (C) digitization of background investigation-
                related forms;
                    (D) use of the polygraph;
                    (E) the application of the adjudicative guidelines 
                under Security Executive Agent Directive 4 (known as 
                the ``National Security Adjudicative Guidelines'');
                    (F) reciprocal recognition of clearances across 
                agencies and departments of the United States, 
                regardless of status of periodic reinvestigation;
                    (G) tracking of clearance files as individuals move 
                from employment with an agency or department of the 
                United States to employment in the private sector;
                    (H) collection of timelines for movement of 
                contractors across agencies and departments;
                    (I) reporting on security incidents and job 
                performance, consistent with section 552a of title 5, 
                United States Code (commonly known as the ``Privacy Act 
                of 1974''), that may affect the ability to hold a 
                security clearance;
                    (J) any recommended changes to the Federal 
                Acquisition Regulations (FAR) necessary to ensure that 
                information affecting contractor clearances or 
                suitability is appropriately and expeditiously shared 
                between and among agencies and contractors; and
                    (K) portability of contractor security clearances 
                between or among contracts at the same agency and 
                between or among contracts at different agencies that 
                require the same level of clearance.
            (3) A strategy and implementation plan that--
                    (A) provides for periodic reinvestigations as part 
                of a security clearance determination only on an as-
                needed, risk-based basis;
                    (B) includes actions to assess the extent to which 
                automated records checks and other continuous 
                evaluation methods may be used to expedite or focus 
                reinvestigations; and
                    (C) provides an exception for certain populations 
                if the Security Executive Agent--
                            (i) determines such populations require 
                        reinvestigations at regular intervals; and
                            (ii) provides written justification to the 
                        appropriate congressional committees for any 
                        such determination.
            (4) A policy and implementation plan for agencies and 
        departments of the United States, as a part of the security 
        clearance process, to accept automated records checks generated 
        pursuant to a security clearance applicant's employment with a 
        prior employer.
            (5) A policy for the use of certain background materials on 
        individuals collected by the private sector for background 
        investigation purposes.
            (6) Uniform standards for agency continuous evaluation 
        programs to ensure quality and reciprocity in accepting 
        enrollment in a continuous vetting program as a substitute for 
        a periodic investigation for continued access to classified 
        information.

SEC. 5. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY 
              CLEARANCES.

    (a) Reciprocity Defined.--In this section, the term ``reciprocity'' 
means reciprocal recognition by Federal departments and agencies of 
eligibility for access to classified information.
    (b) In General.--The Council shall reform the security clearance 
process with the objective that, by December 31, 2021, 90 percent of 
all determinations, other than determinations regarding populations 
identified under section 4(b)(3)(C), regarding--
            (1) security clearances--
                    (A) at the secret level are issued in 30 days or 
                fewer; and
                    (B) at the top secret level are issued in 90 days 
                or fewer; and
            (2) reciprocity of security clearances at the same level 
        are recognized in 2 weeks or fewer.
    (c) Certain Reinvestigations.--The Council shall reform the 
security clearance process with the goal that by December 31, 2021, 
reinvestigation on a set periodicity is not required for more than 10 
percent of the population that holds a security clearance.
    (d) Equivalent Metrics.--
            (1) In general.--If the Council develops a set of 
        performance metrics that it certifies to the appropriate 
        congressional committees should achieve substantially 
        equivalent outcomes as those outlined in subsections (b) and 
        (c), the Council may use those metrics for purposes of 
        compliance within this provision.
            (2) Notice.--If the Council uses the authority provided by 
        paragraph (1) to use metrics as described in such paragraph, 
        the Council shall, not later than 30 days after communicating 
        such metrics to departments and agencies, notify the 
        appropriate congressional committees that it is using such 
        authority.
    (e) Plan.--Not later than 180 days after the date of the enactment 
of this Act, the Council shall submit to the appropriate congressional 
committees and make available to appropriate industry partners a plan 
to carry out this section. Such plan shall include recommended interim 
milestones for the goals set forth in subsections (b) and (c) for 2019, 
2020, and 2021.

SEC. 6. SECURITY EXECUTIVE AGENT.

    (a) In General.--Title VIII of the National Security Act of 1947 
(50 U.S.C. 3161 et seq.) is amended--
            (1) by redesignating sections 803 and 804 as sections 804 
        and 805, respectively; and
            (2) by inserting after section 802 the following:

``SEC. 803. SECURITY EXECUTIVE AGENT.

    ``(a) In General.--The Director of National Intelligence, or such 
other officer of the United States as the President may designate, 
shall serve as the Security Executive Agent for all departments and 
agencies of the United States.
    ``(b) Duties.--The duties of the Security Executive Agent are as 
follows:
            ``(1) To direct the oversight of investigations, 
        reinvestigations, adjudications, and, as applicable, polygraphs 
        for eligibility for access to classified information or 
        eligibility to hold a sensitive position made by any Federal 
        agency.
            ``(2) To review the national security background 
        investigation and adjudication programs of Federal agencies to 
        determine whether such programs are being implemented in 
        accordance with this section.
            ``(3) To develop and issue uniform and consistent policies 
        and procedures to ensure the effective, efficient, timely, and 
        secure completion of investigations, polygraphs, and 
        adjudications relating to determinations of eligibility for 
        access to classified information or eligibility to hold a 
        sensitive position.
            ``(4) Unless otherwise designated by law, to serve as the 
        final authority to designate a Federal agency or agencies to 
        conduct investigations of persons who are proposed for access 
        to classified information or for eligibility to hold a 
        sensitive position to ascertain whether such persons satisfy 
        the criteria for obtaining and retaining access to classified 
        information or eligibility to hold a sensitive position, as 
        applicable.
            ``(5) Unless otherwise designated by law, to serve as the 
        final authority to designate a Federal agency or agencies to 
        determine eligibility for access to classified information or 
        eligibility to hold a sensitive position in accordance with 
        Executive Order 12968 (50 U.S.C. 3161 note; relating to access 
        to classified information).
            ``(6) To ensure reciprocal recognition of eligibility for 
        access to classified information or eligibility to hold a 
        sensitive position among Federal agencies, including acting as 
        the final authority to arbitrate and resolve disputes among 
        such agencies involving the reciprocity of investigations and 
        adjudications of eligibility.
            ``(7) To execute all other duties assigned to the Security 
        Executive Agent by law.
    ``(c) Authorities.--The Security Executive Agent shall--
            ``(1) issue guidelines and instructions to the heads of 
        Federal agencies to ensure appropriate uniformity, 
        centralization, efficiency, effectiveness, timeliness, and 
        security in processes relating to determinations by such 
        agencies of eligibility for access to classified information or 
        eligibility to hold a sensitive position, including such 
        matters as investigations, polygraphs, adjudications, and 
        reciprocity;
            ``(2) have the authority to grant exceptions to, or waivers 
        of, national security investigative requirements, including 
        issuing implementing or clarifying guidance, as necessary;
            ``(3) have the authority to assign, in whole or in part, to 
        the head of any Federal agency (solely or jointly) any of the 
        duties of the Security Executive Agent described in subsection 
        (b) or the authorities described in paragraphs (1) and (2), 
        provided that the exercise of such assigned duties or 
        authorities is subject to the oversight of the Security 
        Executive Agent, including such terms and conditions (including 
        approval by the Security Executive Agent) as the Security 
        Executive Agent determines appropriate; and
            ``(4) define and set standards for continuous evaluation 
        for continued access to classified information and for 
        eligibility to hold a sensitive position.''.
    (b) Report on Recommendations for Revising Authorities.--Not later 
than 30 days after the date on which the Chairman of the Council 
submits to the appropriate congressional committees the report required 
by section 3(b)(2)(A), the Chairman shall submit to the appropriate 
congressional committees such recommendations as the Chairman may have 
for revising the authorities of the Security Executive Agent.
    (c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50 
U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and 
inserting ``in section 805''.
    (d) Clerical Amendment.--The table of contents in the matter 
preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking 
the items relating to sections 803 and 804 and inserting the following:

``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.

SEC. 7. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR 
              POSITIONS OF TRUST AND SECURITY CLEARANCES.

    Not later than 90 days after the date of the enactment of this Act, 
the Security Executive Agent and the Suitability and Credentialing 
Executive Agent, in coordination with the other members of the Council, 
shall jointly submit to the appropriate congressional committees and 
make available to appropriate industry partners a report regarding the 
advisability and the risks, benefits, and costs to the Government and 
to industry of consolidating to not more than 3 tiers for positions of 
trust and security clearances.

SEC. 8. REPORT ON CLEARANCE IN PERSON CONCEPT.

    (a) Sense of Congress.--It is the sense of Congress that to reflect 
the greater mobility of the modern workforce, alternative methodologies 
merit analysis to allow greater flexibility for individuals moving in 
and out of positions that require access to classified information, 
while still preserving security.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Security Executive Agent shall submit to the 
appropriate congressional committees and make available to appropriate 
industry partners a report that describes the requirements, 
feasibility, and advisability of implementing a clearance in person 
concept described in subsection (c).
    (c) Clearance in Person Concept.--The clearance in person concept--
            (1) permits an individual who once held a security 
        clearance to maintain his or her eligibility for access to 
        classified information, networks, and facilities for up to 3 
        years after the individual's eligibility for access to 
        classified information would otherwise lapse; and
            (2) recognizes, unless otherwise directed by the Security 
        Executive Agent, an individual's security clearance and 
        background investigation as current, regardless of employment 
        status, contingent on enrollment in a continuous vetting 
        program.
    (d) Contents.--The report required under subsection (b) shall 
address--
            (1) requirements for an individual to voluntarily remain in 
        a continuous evaluation program validated by the Security 
        Executive Agent even if the individual is not in a position 
        requiring access to classified information;
            (2) appropriate safeguards for privacy;
            (3) advantages to Government and industry;
            (4) the costs and savings associated with implementation;
            (5) the risks of such implementation, including security 
        and counterintelligence risks;
            (6) an appropriate funding model; and
            (7) fairness to small companies and independent 
        contractors.

SEC. 9. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND 
              INVESTIGATIONS.

    (a) In General.--As part of the fiscal year 2020 budget request 
submitted to Congress pursuant to section 1105(a) of title 31, United 
States Code, the President shall include exhibits that identify the 
resources expended by each agency during the prior fiscal year for 
processing background investigations and continuous evaluation 
programs, disaggregated by tier and whether the individual was a 
Government employee or contractor.
    (b) Contents.--Each exhibit submitted under subsection (a) shall 
include details on--
            (1) the costs of background investigations or 
        reinvestigations;
            (2) the costs associated with background investigations for 
        Government or contract personnel;
            (3) costs associated with continuous evaluation initiatives 
        monitoring for each person for whom a background investigation 
        or reinvestigation was conducted, other than costs associated 
        with adjudication;
            (4) the average per person cost for each type of background 
        investigation; and
            (5) a summary of transfers and reprogrammings that were 
        executed in the previous year to support the processing of 
        security clearances.

SEC. 10. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF 
              DEPARTMENTS AND AGENCIES.

    (a) Reciprocally Recognized Defined.--In this section, the term 
``reciprocally recognized'' means reciprocal recognition by Federal 
departments and agencies of eligibility for access to classified 
information.
    (b) Reports to Security Executive Agent.--The head of each Federal 
department or agency shall submit an annual report to the Security 
Executive Agent that--
            (1) identifies the number of individuals whose security 
        clearances take more than 2 weeks to be reciprocally recognized 
        after such individuals move to another part of such department 
        or agency; and
            (2) breaks out the information described in paragraph (1) 
        by type of clearance and the reasons for any delays.
    (c) Annual Report.--Not less frequently than once each year, the 
Security Executive Agent shall submit to the appropriate congressional 
committees and make available to industry partners an annual report 
that summarizes the information received pursuant to subsection (b) 
during the period covered by such report.

SEC. 11. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.

    Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) 
is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A)(ii), by adding ``and'' at 
                the end;
                    (B) in subparagraph (B)(ii), by striking ``; and'' 
                and inserting a period; and
                    (C) by striking subparagraph (C);
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following:
    ``(b) Intelligence Community Reports.--(1)(A) Not later than March 
1 of each year, the Director of National Intelligence shall submit a 
report to the congressional intelligence committees, the Committee on 
Homeland Security and Governmental Affairs of the Senate, the Committee 
on Homeland Security of the House of Representatives, and the Committee 
on Oversight and Government Reform of the House of Representatives 
regarding the security clearances processed by each element of the 
intelligence community during the preceding fiscal year.
    ``(B) The Director shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives such portions of the report submitted under 
subparagraph (A) as the Director determines address elements of the 
intelligence community that are within the Department of Defense.
    ``(C) Each report submitted under this paragraph shall separately 
identify security clearances processed for Federal employees and 
contractor employees sponsored by each such element.
    ``(2) Each report submitted under paragraph (1)(A) shall include, 
for each element of the intelligence community for the fiscal year 
covered by the report, the following:
            ``(A) The total number of initial security clearance 
        background investigations sponsored for new applicants.
            ``(B) The total number of security clearance periodic 
        reinvestigations sponsored for existing employees.
            ``(C) The total number of initial security clearance 
        background investigations for new applicants that were 
        adjudicated with notice of a determination provided to the 
        prospective applicant, including--
                    ``(i) the total number of such adjudications that 
                were adjudicated favorably and granted access to 
                classified information; and
                    ``(ii) the total number of such adjudications that 
                were adjudicated unfavorably and resulted in a denial 
                or revocation of a security clearance.
            ``(D) The total number of security clearance periodic 
        background investigations that were adjudicated with notice of 
        a determination provided to the existing employee, including--
                    ``(i) the total number of such adjudications that 
                were adjudicated favorably; and
                    ``(ii) the total number of such adjudications that 
                were adjudicated unfavorably and resulted in a denial 
                or revocation of a security clearance.
            ``(E) The total number of pending security clearance 
        background investigations, including initial applicant 
        investigations and periodic reinvestigations, that were not 
        adjudicated as of the last day of such year and that remained 
        pending, categorized as follows:
                    ``(i) For 180 days or shorter.
                    ``(ii) For longer than 180 days, but shorter than 
                12 months.
                    ``(iii) For 12 months or longer, but shorter than 
                18 months.
                    ``(iv) For 18 months or longer, but shorter than 24 
                months.
                    ``(v) For 24 months or longer.
            ``(F) For any security clearance determinations completed 
        or pending during the year preceding the year for which the 
        report is submitted that have taken longer than 12 months to 
        complete--
                    ``(i) an explanation of the causes for the delays 
                incurred during the period covered by the report; and
                    ``(ii) the number of such delays involving a 
                polygraph requirement.
            ``(G) The percentage of security clearance investigations, 
        including initial and periodic reinvestigations, that resulted 
        in a denial or revocation of a security clearance.
            ``(H) The percentage of security clearance investigations 
        that resulted in incomplete information.
            ``(I) The percentage of security clearance investigations 
        that did not result in enough information to make a decision on 
        potentially adverse information.
    ``(3) The report required under this subsection shall be submitted 
in unclassified form, but may include a classified annex.''; and
            (4) in subsection (c), as redesignated, by striking 
        ``subsection (a)(1)'' and inserting ``subsections (a)(1) and 
        (b)''.

SEC. 12. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY 
              THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED 
              INFORMATION, NETWORKS, OR FACILITIES.

    Not later than 180 days after the date of the enactment of this Act 
and not less frequently than once every 5 years thereafter, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees a report that reviews the intelligence 
community for which positions can be conducted without access to 
classified information, networks, or facilities, or may only require a 
security clearance at the secret level.

SEC. 13. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND 
              SECURITY CLEARANCES.

    (a) Program Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Security Executive Agent and the 
        Suitability and Credentialing Executive Agent shall establish 
        and implement a program to share between and among agencies of 
        the Federal Government and industry partners of the Federal 
        Government relevant background information regarding 
        individuals applying for and currently occupying national 
        security positions and positions of trust, in order to ensure 
        the Federal Government maintains a trusted workforce.
            (2) Designation.--The program established under paragraph 
        (1) shall be known as the ``Trusted Information Provider 
        Program'' (in this section referred to as the ``Program'').
    (b) Privacy Safeguards.--The Security Executive Agent and the 
Suitability and Credentialing Executive Agent shall ensure that the 
Program includes such safeguards for privacy as the Security Executive 
Agent and the Suitability and Credentialing Executive Agent consider 
appropriate.
    (c) Provision of Information to the Federal Government.--The 
Program shall include requirements that enable investigative service 
providers and agencies of the Federal Government to leverage certain 
pre-employment information gathered during the employment or military 
recruiting process, and other relevant security or human resources 
information obtained during employment with or for the Federal 
Government, that satisfy Federal investigative standards, while 
safeguarding personnel privacy.
    (d) Information and Records.--The information and records 
considered under the Program shall include the following:
            (1) Date and place of birth.
            (2) Citizenship or immigration and naturalization 
        information.
            (3) Education records.
            (4) Employment records.
            (5) Employment or social references.
            (6) Military service records.
            (7) State and local law enforcement checks.
            (8) Criminal history checks.
            (9) Financial records or information.
            (10) Foreign travel, relatives, or associations.
            (11) Social media checks.
            (12) Such other information or records as may be relevant 
        to obtaining or maintaining national security, suitability, 
        fitness, or credentialing eligibility.
    (e) Implementation Plan.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Security Executive Agent and the 
        Suitability and Credentialing Executive Agent shall jointly 
        submit to the appropriate congressional committees and make 
        available to appropriate industry partners a plan for the 
        implementation of the Program.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) Mechanisms that address privacy, national 
                security, suitability or fitness, credentialing, and 
                human resources or military recruitment processes.
                    (B) Such recommendations for legislative or 
                administrative action as the Security Executive Agent 
                and the Suitability and Credentialing Executive Agent 
                consider appropriate to carry out or improve the 
                Program.
    (f) Plan for Pilot Program on Two-Way Information Sharing.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Security Executive Agent and the 
        Suitability and Credentialing Executive Agent shall jointly 
        submit to the appropriate congressional committees and make 
        available to appropriate industry partners a plan for the 
        implementation of a pilot program to assess the feasibility and 
        advisability of expanding the Program to include the sharing of 
        information held by the Federal Government related to contract 
        personnel with the security office of the employer of those 
        contractor personnel.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) Mechanisms that address privacy, national 
                security, suitability or fitness, credentialing, and 
                human resources or military recruitment processes.
                    (B) Such recommendations for legislative or 
                administrative action as the Security Executive Agent 
                and the Suitability and Credentialing Executive Agent 
                consider appropriate to carry out or improve the pilot 
                program.
    (g) Review.--Not later than 1 year after the date of the enactment 
of this Act, the Security Executive Agent and the Suitability and 
Credentialing Executive Agent shall jointly submit to the appropriate 
congressional committees and make available to appropriate industry 
partners a review of the plans submitted under subsections (e)(1) and 
(f)(1) and utility and effectiveness of the programs described in such 
plans.

SEC. 14. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
              RELATED COMMUNICATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Security Executive Agent shall, in coordination with the 
Inspector General of the Intelligence Community, submit to the 
appropriate congressional committees a report detailing the controls 
employed by the intelligence community to ensure that continuous 
vetting programs, including those involving user activity monitoring, 
protect the confidentiality of whistleblower-related communications.
                                 <all>