Securely Expediting Clearances Through Reporting Transparency Act of 2018

Bill: 115-hr-3210
Sponsor: full_name: Rep. Knight, Stephen [R-CA-25]
Introduced: 2017-07-12
Policy area: Government Operations and Politics
Subjects: Congressional oversight

Executive Office of the President

Executive agency funding and structure

Government employee pay, benefits, personnel management

Government studies and investigations

Intelligence activities, surveillance, classified information

Office of Personnel Management (OPM)

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2018-05-22
text: Became Public Law No: 115-173.

Summaries:
action_date: 2017-07-12
action_desc: Introduced in House
text: <p><b>Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017</b></p> <p>This bill requires the Office of Personnel Management's National Background Investigations Bureau to report on the backlog of security clearance investigations. </p>

action_date: 2017-07-25
action_desc: Reported to House with amendment(s)
text: <p><b>Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017</b></p> <p>(Sec. 2) This bill requires the Office of Personnel Management's National Background Investigations Bureau (NBIB) to report on the backlog of security clearance investigations. </p> <p>(Sec. 3) Additionally, the NBIB must report on the process for conducting and adjudicating security clearance investigations for personnel in the Executive Office of the President.</p> <p>(Sec. 4) Finally, the NBIB must report on the duplicative costs of implementing a plan for the Defense Security Service to conduct, after October 1, 2017, security investigations for Department of Defense (DOD) personnel whose investigations are adjudicated by DOD's Consolidated Adjudication Facility. </p>

action_date: 2017-07-26
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on July 25, 2017. The summary of that version is repeated here.)</p> <p><b>Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017</b></p> <p>(Sec. 2) This bill requires the Office of Personnel Management's National Background Investigations Bureau (NBIB) to report on the backlog of security clearance investigations. </p> <p>(Sec. 3) Additionally, the NBIB must report on the process for conducting and adjudicating security clearance investigations for personnel in the Executive Office of the President.</p> <p>(Sec. 4) Finally, the NBIB must report on the duplicative costs of implementing a plan for the Defense Security Service to conduct, after October 1, 2017, security investigations for Department of Defense (DOD) personnel whose investigations are adjudicated by DOD's Consolidated Adjudication Facility. </p>

action_date: 2017-11-27
action_desc: Reported to Senate with amendment(s)
text: <p><b>Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017</b></p> <p>(Sec. 2) This bill requires the Office of Personnel Management's National Background Investigations Bureau (NBIB) to report on the backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog.</p> <p>(Sec. 3) The Executive Office of the President&nbsp;must report on the process for conducting and adjudicating security clearance investigations for&nbsp;the President's staff.</p> <p>(Sec. 4)&nbsp;The Office of Management and Budget must report on the costs of&nbsp;duplicating NBIB resources to&nbsp;implement a&nbsp;specified plan for the Department of Defense (DOD)&nbsp;to conduct security investigations for DOD&nbsp;personnel. </p> <p>(Sec. 5) The NBIB must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, (3) recommendations to improve background investigations, and (4) whether the schedule for processing security clearances should be modified.</p> <p>(Sec. 6) The President must review and, if appropriate, update the guidance issued to assist agencies in determining: (1)&nbsp;position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.</p>

action_date: 2018-03-15
action_desc: Passed Senate amended
text: <b><br />Securely Expediting Clearances Through Reporting Transparency Act of </b><b>2018</b><b> or the SECRET Act of </b><b>2018</b> <p class="MsoNormal" style="LINE-HEIGHT: normal">(Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its&nbsp;backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog.</p> <p class="MsoNormal" style="LINE-HEIGHT: normal">(Sec. 4) The Executive Office of the President&nbsp;must report on the process for conducting and adjudicating security clearance investigations for&nbsp;the President's staff.</p> <p class="MsoNormal" style="LINE-HEIGHT: normal">(Sec. 5)&nbsp;The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. </p> <p class="MsoNormal" style="LINE-HEIGHT: normal">(Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified.</p> <p class="MsoNormal" style="LINE-HEIGHT: normal">(Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1)&nbsp;position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.</p>

action_date: 2018-05-07
action_desc: House agreed to Senate amendment without amendment
text: <p><b>Securely Expediting Clearances Through Reporting Transparency Act of </b><b>2018</b><b> or the SECRET Act of </b><b>2018</b> </p> <p class="MsoNormal" style="line-height: normal;">(Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its&nbsp;backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 4) The Executive Office of the President&nbsp;must report on the process for conducting and adjudicating security clearance investigations for&nbsp;the President's staff.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 5)&nbsp;The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. </p> <p class="MsoNormal" style="line-height: normal;">(Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1)&nbsp;position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.</p>

action_date: 2018-05-22
action_desc: Public Law
text: <b><br />Securely Expediting Clearances Through Reporting Transparency Act of </b><b>2018</b><b> or the SECRET Act of </b><b>2018</b> <p class="MsoNormal" style="line-height: normal;">(Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its&nbsp;backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 4) The Executive Office of the President&nbsp;must report on the process for conducting and adjudicating security clearance investigations for&nbsp;the President's staff.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 5)&nbsp;The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise. </p> <p class="MsoNormal" style="line-height: normal;">(Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified.</p> <p class="MsoNormal" style="line-height: normal;">(Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1)&nbsp;position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.</p>

tv_txt: IB 115th CONGRESS 1st Session H. R. 3210 IN THE HOUSE OF REPRESENTATIVES AN ACT To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes— (1) the size of the personnel security clearance investigation process backlog; and (2) the average length of time, for each sensitivity level, to carry out an initial investigation and a periodic investigation. 3. Report on Security Clearance Investigations 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including White House personnel. 4. Report on duplicative costs Not later than 120 days after the date of enactment of this Act, the Director of the National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the cost of duplicating resources under the control or direction of the National Background Investigations Bureau for implementation 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).

Passed the House of Representatives July 26, 2017. Karen L. Haas, Clerk.

tv_txt: I 115th CONGRESS 1st Session H. R. 3210 IN THE HOUSE OF REPRESENTATIVES July 12, 2017 Mr. Knight (for himself and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes— (1) the size of the personnel security clearance investigation process backlog; and (2) the average length of time, for each sensitivity level, to carry out an initial investigation and a periodic investigation.

tv_txt: IIB 115th CONGRESS 1st Session H. R. 3210 IN THE SENATE OF THE UNITED STATES July 27, 2017 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes— (1) the size of the personnel security clearance investigation process backlog; and (2) the average length of time, for each sensitivity level, to carry out an initial investigation and a periodic investigation. 3. Report on Security Clearance Investigations 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including White House personnel. 4. Report on duplicative costs Not later than 120 days after the date of enactment of this Act, the Director of the National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the cost of duplicating resources under the control or direction of the National Background Investigations Bureau for implementation 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).

Passed the House of Representatives July 26, 2017. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 188 115th CONGRESS 1st Session H. R. 3210 [Report No. 115–258] IN THE HOUSE OF REPRESENTATIVES July 12, 2017 Mr. Knight (for himself and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform July 25, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on July 12, 2017 A BILL To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes— (1) the size of the personnel security clearance investigation process backlog; and (2) the average length of time, for each sensitivity level, to carry out an initial investigation and a periodic investigation. 3. Report on Security Clearance Investigations 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including White House personnel. 4. Report on duplicative costs Not later than 120 days after the date of enactment of this Act, the Director of the National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the cost of duplicating resources under the control or direction of the National Background Investigations Bureau for implementation 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).

July 25, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: II Calendar No. 264 115th CONGRESS 1st Session H. R. 3210 [Report No. 115–185] IN THE SENATE OF THE UNITED STATES July 27, 2017 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs November 27, 2017 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes— (1) the size of the personnel security clearance investigation process backlog; and (2) the average length of time, for each sensitivity level, to carry out an initial investigation and a periodic investigation. 3. Report on Security Clearance Investigations 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including White House personnel. 4. Report on duplicative costs Not later than 120 days after the date of enactment of this Act, the Director of the National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the cost of duplicating resources under the control or direction of the National Background Investigations Bureau for implementation 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).

1. Short title This Act may be cited as the Securely Expediting Clearances Through Reporting Transparency Act of 2017 or the SECRET Act of 2017 . 2. 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 National Background Investigations Bureau of the Office of Personnel Management shall submit to Congress a report on the backlog of security clearance investigations that includes, for the most recent full calendar quarter— (1) the size of the personnel security clearance investigation process backlog, including, for each sensitivity level— (A) the number of interim clearances granted; (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 conducting background investigations; and (I) the number of employees of Federal contractors conducting background investigations; (2) the average length of time, for each sensitivity 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 investigation and a periodic reinvestigation; (4) a backlog mitigation plan, which shall include— (A) the identification of the cause of, and recommendations to remedy, the backlog; (B) the steps the Director shall take to reduce 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 information and data security. 3. Report on security clearance investigations 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 adjudicating security clearance investigations for personnel of the Executive Office of the President, including White House personnel. 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 Suitability 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 implementation 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). 5. Report on continuous evaluation and reciprocity 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 evaluation Governmentwide, including— (A) the number of agencies with continuous evaluation programs and how many of those programs are currently meeting the investigative standards; (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, regulation, Executive Order, or other administrative requirement; and (D) plans, including timelines, for implementing continuous evaluation Governmentwide and phasing out periodic reinvestigations; (2) a detailed explanation of efforts by agencies to meet requirements for reciprocal recognition to access classified information, including— (A) the range of the length of time for agencies to grant reciprocal recognition to access classified information; (B) additional requirements for reinvestigations or readjudications, by agency; and (C) any other barriers to the timely granting of reciprocity, by agency, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; (3) recommendations, including timelines, to improve the background investigation process to— (A) simplify the Questionnaire for National Security Positions (Standard Form 86) and increase customer support for applicants completing 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 process; and (D) build the capacity of the background investigation labor sector; and (4) a review of whether the schedule for processing security clearances under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) should be modified. 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 committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (3) the term background investigation means any investigation required for the purpose of determining the— (A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; and (4) the term covered individual means an individual who— (A) performs work for or on behalf of an agency; or (B) seeks to perform work for or on behalf of an agency. (b) Review and updating (1) Initial review and update of guidance Not later than 180 days after the date of enactment 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 investigation to initiate for each position designation. (2) Reviews and revisions of position designations Not less frequently than every 4 years, the President, acting through relevant agencies (as determined 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 President shall submit to the appropriate congressional committees a report on— (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (d) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information.

November 27, 2017 Reported with an amendment

tv_txt: 115th CONGRESS 2d Session H.R. 3210 In the Senate of the United States, March 15, 2018. Amendment:

That the bill from the House of Representatives (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 investigations, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 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 . 2. Definitions In this Act— (1) the term Bureau means the National Background Investigations Bureau of the Office; (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 Personnel Management acting as the Suitability and Credentialing Executive Agent. 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 submit 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 granted; (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 employees of the Bureau conducting background investigations for the Bureau; and (I) the number of employees of contractors of the Bureau conducting background investigations for the Bureau; (2) the average length of time, for each sensitivity level, for the Bureau 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 investigation and a periodic reinvestigation; (4) a backlog mitigation plan, which shall include— (A) the identification of the cause of, and recommendations to remedy, the backlog at the Bureau; (B) the steps the Director of the Bureau shall take to reduce the backlog; (C) process reforms to improve efficiencies in, and the quality of, background investigations by the Bureau; and (D) a projection of when the backlog at the Bureau will be sufficiently reduced to meet required timeliness standards; and (5) a description of improvements in the information and data security of the Bureau. 4. Report on security clearance investigations 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, in coordination with the Director and the Director of the Office, shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including personnel of the White House Office. 5. Report on costs associated with bifurcated background investigation systems Not later than 120 days after the date of enactment of this Act, the Director of the Office, in consultation with the other members of the Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103) and the Under Secretary of Defense for Intelligence, shall submit to Congress a report on the cost of maintaining comprehensive background investigations capability within the Office under the control or direction of the Bureau and a background investigations capability for Department of Defense personnel under the control or direction of the Department of Defense for implementation of the plan referenced in section 925 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ), as compared to the cost of sustaining a single Government-wide background investigations enterprise. 6. Reports on continuous evaluation, reciprocity, 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 evaluation Government-wide, including— (A) the number of agencies with continuous evaluation programs and how many of those programs are currently conducting automated 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, regulation, Executive Order, or other administrative requirement; (2) a detailed explanation of efforts by agencies to meet requirements for reciprocal recognition to access classified information, including— (A) the range of the length of time for agencies to grant reciprocal recognition to access classified information; (B) additional requirements for reinvestigations or readjudications, by agency; and (C) any other barriers to the timely granting of reciprocity, by agency, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; and (3) a review of whether the schedule for processing security clearances under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) should be modified. 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 committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (3) the term background investigation means any investigation required for the purpose of determining the— (A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform 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 access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate 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 Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). (b) Review and updating (1) Initial review and update of guidance Not later than 180 days after the date of enactment 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 investigation to initiate for each position designation. (2) Reviews and revisions of position designations Not less frequently than every 4 years, the President, acting through relevant agencies (as determined 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 President shall submit to the appropriate congressional committees a report on— (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (d) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information.

Secretary

tv_txt: IB One Hundred Fifteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen H. R. 3210 AN ACT To require the Director of the National Background Investigations Bureau to submit a report on the backlog of personnel security clearance investigations, and for other purposes.

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 . 2. Definitions In this Act— (1) the term Bureau means the National Background Investigations Bureau of the Office; (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 Personnel Management acting as the Suitability and Credentialing Executive Agent. 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 submit 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 granted; (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 employees of the Bureau conducting background investigations for the Bureau; and (I) the number of employees of contractors of the Bureau conducting background investigations for the Bureau; (2) the average length of time, for each sensitivity level, for the Bureau 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 investigation and a periodic reinvestigation; (4) a backlog mitigation plan, which shall include— (A) the identification of the cause of, and recommendations to remedy, the backlog at the Bureau; (B) the steps the Director of the Bureau shall take to reduce the backlog; (C) process reforms to improve efficiencies in, and the quality of, background investigations by the Bureau; and (D) a projection of when the backlog at the Bureau will be sufficiently reduced to meet required timeliness standards; and (5) a description of improvements in the information and data security of the Bureau. 4. Report on security clearance investigations 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, in coordination with the Director and the Director of the Office, shall submit to Congress a report that explains the process for conducting and adjudicating security clearance investigations for personnel of the Executive Office of the President, including personnel of the White House Office. 5. Report on costs associated with bifurcated background investigation systems Not later than 120 days after the date of enactment of this Act, the Director of the Office, in consultation with the other members of the Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103) and the Under Secretary of Defense for Intelligence, shall submit to Congress a report on the cost of maintaining comprehensive background investigations capability within the Office under the control or direction of the Bureau and a background investigations capability for Department of Defense personnel under the control or direction of the Department of Defense for implementation of the plan referenced in section 925 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ), as compared to the cost of sustaining a single Government-wide background investigations enterprise. 6. Reports on continuous evaluation, reciprocity, 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 evaluation Government-wide, including— (A) the number of agencies with continuous evaluation programs and how many of those programs are currently conducting automated 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, regulation, Executive Order, or other administrative requirement; (2) a detailed explanation of efforts by agencies to meet requirements for reciprocal recognition to access classified information, including— (A) the range of the length of time for agencies to grant reciprocal recognition to access classified information; (B) additional requirements for reinvestigations or readjudications, by agency; and (C) any other barriers to the timely granting of reciprocity, by agency, including any requirement under a statute, regulation, Executive Order, or other administrative requirement; and (3) a review of whether the schedule for processing security clearances under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) should be modified. 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 committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; (3) the term background investigation means any investigation required for the purpose of determining the— (A) eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; (B) suitability or fitness of a covered individual for Federal employment; (C) eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or (D) fitness of a covered individual to perform 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 access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate 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 Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). (b) Review and updating (1) Initial review and update of guidance Not later than 180 days after the date of enactment 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 investigation to initiate for each position designation. (2) Reviews and revisions of position designations Not less frequently than every 4 years, the President, acting through relevant agencies (as determined 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 President shall submit to the appropriate congressional committees a report on— (1) any issues identified in the review; and (2) the number of position designations revised as a result of the review. (d) No change in authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.