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
PL 115-173 (H.R.3210), enacted 05/22/2018

132 STAT. 1291 
PUBLIC LAW 115–173—MAY 22, 2018 
Public Law 115–173 
115th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securely Expediting Clearances 
Through Reporting Transparency Act of 2018’’ or the ‘‘SECRET 
Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Bureau’’ means the National 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 Manage-
ment acting as the Suitability and Credentialing Executive 
Agent. 
SEC. 3. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE 
INVESTIGATIONS. 
Not later than 90 days after the date of enactment of this 
Act, and quarterly thereafter for 5 years, the Director of the Bureau, 
in coordination with the Director, shall 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; 
Time period. 
Coordination. 
Securely 
Expediting 
Clearances 
Through 
Reporting 
Transparency 
Act of 2018. 
5 USC 11001 
note. 
May 22, 2018 
[H.R. 3210] 
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132 STAT. 1292 
PUBLIC LAW 115–173—MAY 22, 2018 
(G) the number of periodic reinvestigations for 
employees of and employees of contractors of the Depart-
ment 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 recommenda-
tions 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. 
SEC. 4. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PER-
SONNEL 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 clear-
ance investigations for personnel of the Executive Office of the 
President, including personnel of the White House Office. 
SEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACK-
GROUND 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 mem-
bers of the Suitability and Security Clearance Performance Account-
ability 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 com-
prehensive 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. 
SEC. 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— 
Consultation. 
Coordination. 
Recommenda- 
tions. 
Plan. 
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132 STAT. 1293 
PUBLIC LAW 115–173—MAY 22, 2018 
(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 imple-
ment 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 re-
adjudications, by agency; and 
(C) any other barriers to the timely granting of reci-
procity, by agency, including any requirement under a 
statute, regulation, Executive Order, or other administra-
tive 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. 
SEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘agency’’ has the meaning given the term 
in Executive Order 13467 (73 Fed. Reg. 38103), or any successor 
thereto; 
(2) the term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committee on Homeland Security and Govern-
mental 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 Intel-
ligence of the House of Representatives; 
(3) the term ‘‘background investigation’’ means any inves-
tigation required for the purpose of determining the— 
(A) eligibility of a covered individual for logical and 
physical access to Federally controlled facilities or informa-
tion systems; 
(B) suitability or fitness of a covered individual for 
Federal employment; 
(C) eligibility of a covered individual for access to classi-
fied 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; 
Review. 
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132 STAT. 1294 
PUBLIC LAW 115–173—MAY 22, 2018 
(C) includes all persons, not excluded under subpara-
graph (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 legisla-
tive 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 designa-
tion of positions within agencies. 
(c) REPORTS TO CONGRESS.—Not later than 30 days after com-
pleting 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. 
President. 
Time period. 
President. 
Deadline. 
Recommenda- 
tions. 
Determinations. 
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132 STAT. 1295 
PUBLIC LAW 115–173—MAY 22, 2018 
LEGISLATIVE HISTORY—H.R. 3210: 
HOUSE REPORTS: No. 115–258 (Comm. on Oversight and Government Reform). 
SENATE REPORTS: No. 115–185 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): July 26, considered and passed House. 
Vol. 164 (2018): Mar. 15, considered and passed Senate, amended. 
May 7, House concurred in Senate amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
May 22, Presidential statement. 
(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. 
Approved May 22, 2018. 
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