,,ii #aacth ,,congress #b;d ,session ,s4 #bfhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjad,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to reform classification and security clearance processes throughout the ,federal ,government and1 within the ,department of ,homeland ,security1 to establish an effective and transparent process for the designation1 investigation1 adjudication1 denial1 suspension1 and revocation of security clearances1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short title ,this ,act may be cited as the ,clearance and ,over-,classification ,reform and ,reduction ,act or the ,,correct ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short titles2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,reforms to ,classification and ,clearance ,processes ,subtitle ,a--,reducing ,over-,classification ,sec4 #aja4 ,trend information on classified information and third evaluations4 ,sec4 #ajb4 ,uniformity in sampling4 ,sec4 #ajc4 ,ten percent reduction in holdings of classified information4 ,sec4 #ajd4 ,status update on efforts at reducing holdings of classified information4 ,sec4 #aje4 ,report4 ,sec4 #ajf4 ,public ,interest ,declassification ,board enhancements4 ,sec4 #ajg4 ,classification designation training4 ,sec4 #ajh4 ,reducing over-classification guidance4 ,subtitle ,b--,governmentwide ,reforms ,sec4 #aaa4 ,sense of ,congress4 ,sec4 #aab4 ,report on certain designations4 ,sec4 #aac4 ,transparency and accountability in personnel security investigations4 ,sec4 #aad4 ,continuous evaluation programs and insider threat programs4 ,sec4 #aae4 ,mitigating factors in the context of a continuous evaluation program or insider threat program4 ,sec4 #aaf4 ,appeal to the ,merit ,systems ,protection ,board4 ,sec4 #aag4 ,automated or nongovernmental adjudication prohibited4 ,sec4 #aah4 ,report on media contacts policy for intelligence personnel4 ,,title ,,ii--,department of ,homeland ,security ,clearance ,process ,reforms ,subtitle ,a--,designation ,sec4 #bja4 ,designation of national security sensitive and public trust positions4 ,sec4 #bjb4 ,audits4 ,sec4 #bjc4 ,review of position designations4 ,subtitle ,b--,investigation ,sec4 #baa4 ,investigation services provider performance4 ,sec4 #bab4 ,metrics4 ,subtitle ,c--,adjudication ,sec4 #bba4 ,uniform adjudication standards4 ,subtitle ,d--,denial1 ,suspension1 ,revocation1 and ,appeal ,sec4 #bca4 ,uniform revocation criteria and procedures4 ,sec4 #bcb4 ,annual reporting4 ,sec4 #bcc4 ,final appeals panel4 ,subtitle ,e--,miscellaneous ,provisions ,sec4 #bda4 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd review and security clearance reciprocity4 ,sec4 #bdb4 ,office of ,inspector ,general report4 ,sec4 #bdc4 ,penalties for falsification relating to an investigation file4 #b4 ,definitions ,in this ,act3 7#a7 ,in general ,the terms agency1 authorized investigative agency1 authorized adjudicative agency1 current investigation file1 periodic reinvestigations1 and personnel security investigation have the meanings given those terms in section #cjja7;a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;a774 7#b7 ,other terms 7,a7 ,chief ,security ,officer of the ,department of ,homeland ,security ,the term ,chief ,security ,officer of the ,department of ,homeland ,security means the ,classified ,information ,advisory ,officer of the ,department of ,homeland ,security identified and designated pursuant to section #baj;,f of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdm74 7,b7 ,investigation service provider ,the term investigation service provider means the ,office of ,personnel ,management and any other entity that undertakes investigative services1 including criminal record checks1 financial record checks1 field interviews1 employment review1 and education verifications1 for an investigation file for a national security position4 7,c7 ,national security position ,the term national security position has the meaning given that term in section #gcb4ajb of title #e1 ,code of ,federal ,regulations or similar successor regulation4 ,i ,reforms to ,classification and ,clearance ,processes ,a ,reducing ,over-,classification #aja4 ,trend information on classified information and third evaluations ,subsection 7b7 of section #f of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #aaa-beh7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking #bjaf1 and inserting #bjai12 and 7ii7 by striking no less than two and inserting not fewer than three2 7,b7 in subparagraph 7,a71 by striking and at the end2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding after subparagraph 7,b7 the following new subparagraph3 7,c7 beginning with the second evaluation under paragraph 7#b77;,b71 to assess1 with respect to subparagraph 7,a7 of this paragraph1 the degree to which the incentives for accurate classification decisions referred to in subsection 7a7 have been utilized1 and the extent to which the use of such incentives1 including cash incentives or other alternative1 non-cash awards1 has improved the accuracy of original classification decisions or derivative classification decisions and a reduction in classified information4 2 7#b7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,c7 ,third evaluations ,each third evaluation required by paragraph 7#a7 shall review progress made since the second evaluation and the adequacy of the records to support each self-inspection program determination in accordance with subsection 7c71 and assess such department or agency's procedures and activities regarding classification challenges4 ,specifically1 each third evaluation shall-- 7i7 7,i7 assess implementation of procedures by such department or agency to encourage authorized holders of classified information1 including authorized holders outside the classifying agency1 to challenge the classification of information that they believe is improperly classified or unclassified1 as required by section #a4h of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or successor order1 and the degree to which such department or agency makes each authorized holder of classified information aware of the procedures and encourages such holders to challenge the classification of information that they believe is improperly classified or unclassified2 and 7,,ii7 to the extent practicable1 review data reflecting the disposition of challenges received by such department or agency1 including how often such challenges resulted in a change in classification2 7ii7 review the degree to which information that was declassified was determined by the agency to be of extraordinary public interest that does not undermine the national security of the ,united ,states1 including information on the number of national security positions 7pursuant to part #gcb of title #e1 ,code of ,federal ,regulations1 or similar successor regulation71 by classification level1 that are designated within the agency during that period2 and 7iii7 shall be completed not later than ,september #cj1 #bjai4 2 and 7#c7 in paragraph 7#c77;,b7-- 7,a7 in clause 7i71 by striking and at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding after clause 7ii7 the following new clause3 7iii7 information relating to the assessment required under paragraph 7#a77;,c74 4 #ajb4 ,uniformity in sampling ,section #f of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #aaa-beh7 is amended by adding at the end the following new subsection3 7c7 ,uniformity in sampling ,the ,president1 acting through the ,director of the ,information ,security ,oversight ,office1 shall issue a standardized sampling technique for department and agency self-inspection programs as required pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or successor order in order to address any vulnerabilities in such programs4 4 #ajc4 ,ten percent reduction in holdings of classified information ,section #f of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #aaa-beh71 as amended by section #ajb of this ,act1 is further amended by adding at the end the following new subsection3 7d7 ,ten percent reduction in holding of classified information ,the ,president shall establish goals for reducing1 by the date that is not later than five years after the date of the enactment of this subsection1 classified information1 through declassification and improved original and derivative classification decisionmaking1 by not less than ten percent as compared to the amount of such information as of the day before such date4 ,for purposes of this subsection1 classified information that would otherwise be declassified pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or successor order shall not count towards such ten percent requirement4 4 #ajd4 ,status update on efforts at reducing holdings of classified information ,section #gjd7;d77#a7 of the ,public ,interest ,declassification ,act of #bjjj 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #ajf-efg7 is amended by striking the period and inserting and information on the status of efforts1 to the extent practicable on an agency-by-agency basis1 at reducing the holding of classified information pursuant to section #f7;d7 of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #aaa-beh744 #aje4 ,report ,section #f of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #aaa-beh71 as amended by sections #ajb and #ajc of this ,act1 is further amended by adding at the end the following new subsection3 7e7 ,report ,the ,inspector ,general of each department or agency of the ,united ,states with an officer or employee who is authorized to make original and derivative classification decisions shall submit to the appropriate entities 7as such term is defined in subsection 7b77#d77 a report relating to progress accomplished under subsections 7c7 and 7d74 4 #ajf4 ,public ,interest ,declassification ,board enhancements 7a7 ,reviews of classification guidance ,subsections 7a7 and 7b7 of section #gjd of the ,public ,interest ,declassification ,act of #bjjj 7#ej ,u4,s4,c4 #cafa note2 ,public ,law #ajf-efg7 are amended to read as follows3 7a7 ,agency declassification programs and classification guidance 7#a7 ,declassification programs 7,a7 ,report ,the head of any agency with the authority under an ,executive order to classify information shall annually provide to the ,board1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a summary briefing and report on the progress and plans of such agency in the declassification of national security information4 7,b7 ,contents ,each briefing and report required under subparagraph 7,a7 shall-- 7i7 cover the declassification goals set by statute1 regulation1 or policy1 the progress of the agency towards completing such goals1 and the planned goals and priorities of the agency for its declassification activities over the #b fiscal years following the report2 7ii7 give particular attention to progress on the declassification of records and materials that are of extraordinary public interest to the people of the ,united ,states2 and 7iii7 include information on the disposition of recommendations regarding special searches for records of extraordinary public interest submitted pursuant to subsection 7c74 7,c7 ,consolidated report ,the annual briefing and report under subparagraph 7,a7 for agencies within the ,department of ,defense1 including the military departments and the elements of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d7771 shall be provided on a consolidated basis4 7#b7 ,review of classification guidance ,the ,board shall1 on an ongoing basis1 review classification guidance required pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or successor order utilized within each agency to assess-- 7,a7 the validity of the national security basis for each instruction in the classification guidance2 7,b7 the clarity of each instruction within the classification guidance to ensure that only the minimum necessary information is classified2 and 7,c7 the feasibility of narrowing or eliminating any classification guidance that is unnecessary or obsolete4 7#c7 ,plan for reviewing classification guidance ,not later than #ij days after the date of the enactment of the ,clearance and ,over-,classification ,reform and ,reduction ,act1 the ,chairperson of the ,board shall submit a multi-year plan for reviewing classification guidance utilized within each agency1 with benchmarks for when and1 to the extent practicable1 which classification guidance will be reviewed and how the findings will be shared with the head of each agency and the inspector general of each agency4 7#d7 ,recommendations for harmonizing and reducing classification guidance ,not later than one year after the date of the enactment of the ,clearance and ,over-,classification ,reform and ,reduction ,act1 the ,chairperson of the ,board shall submit recommendations for harmonizing and reducing classification guidance across the ,federal ,government to the ,president4 7b7 ,recommendations on agency declassification programs and classification guidance 7#a7 ,in general ,upon reviewing classification guidance and discussing declassification plans and progress with an agency1 the ,board shall provide to the head of that agency1 the ,director of the ,office of ,management and ,budget1 and the ,assistant to the ,president for ,national ,security ,affairs the written recommendations of the ,board as to how the classification guidance and declassification program of the agency could be improved4 7#b7 ,public availability ,not later than #fj days after the ,board provides written recommendations to the head of an agency in accordance with paragraph 7#a71 the ,board shall make such recommendations public in accordance with section #gjc7k74 4 7b7 ,staff and detailees ,subsection 7f7 of section #gjc of such ,act is amended to read as follows3 7f7 ,director and ,staff 7#a7 ,director ,the ,chairperson of the ,board1 in accordance with rules agreed upon by the ,board1 shall appoint and fix the compensation of a ,director1 except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#b7 ,staff ,the ,chairperson of the ,board1 in accordance with rules agreed upon by the ,board1 may appoint and fix the pay of personnel as may be necessary to enable the ,board to carry out its functions4 7#c7 ,applicability of certain civil service laws ,the ,director and staff may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates4 7#d7 ,detailees ,any employee of the ,federal ,government may be detailed to the ,board with the agreement of1 and without reimbursement to1 the detailing agency1 and such detail shall be without interruption or loss of civil1 military1 or foreign service status or privilege4 4 7c7 ,compensation and travel expenses ,subsection 7h7 of section #gjc of such ,act is amended to read as follows3 7h7 ,compensation and travel expenses 7#a7 ,compensation 7,a7 ,chairperson ,the ,chairperson of the ,board shall be compensated at the rate of pay payable for a position at level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code4 7,b7 ,members ,each member of the ,board shall be compensated at a rate of pay payable for a position at level ,,iv of the ,executive ,schedule under section #ecae of such title1 for each day during which that member is engaged in the actual performance of the duties of the ,board4 7#b7 ,travel expenses ,members of the ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 4 7d7 ,public meetings ,section #gjd7;c7 of such ,act is amended by adding at the end the following new paragraph3 7#c7 ,in carrying out this subsection1 the ,board shall conduct public meetings on at least a semiannual basis and publish in the ,federal ,register notice of such meetings4 4 7e7 ,extension of sunset ,subsection 7b7 of section #gaj of such ,act is amended by striking #bjah4 and inserting #bjbd44 #ajg4 ,classification designation training ,section #g of the ,reducing ,over-,classification ,act 7#ej ,u4,s4,c4 #ccdd7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 in the first sentence1 by inserting 1 including computer-based training1 after annual training2 and 7,b7 in the second sentence1 by inserting such before training2 and 7#b7 by adding at the end the following new subsection3 7c7 ,recordkeeping ,the head of each ,executive agency shall maintain records and make such records available to the inspector general of each such agency of the extent to which training required under this section is completed by each employee subject to such training4 4 #ajh4 ,reducing over-classification guidance ,the ,secretary of ,homeland ,security shall develop and disseminate to components of the ,department of ,homeland ,security and make available to other agencies guidance on best practices and strategies to implement the ,reducing ,over-,classification ,act 7,public ,law #aaa-beh2 #abd ,stat4 #bfdh71 as amended by this ,act4 ,such guidance shall include information on the following3 7#a7 ,administrative approaches1 including the establishment of internal quarterly meetings and working groups to carry out the requirements of the ,reducing ,over-,classification ,act4 7#b7 ,consolidation of information security policies throughout an agency4 7#c7 ,provision of training1 including in-person initial training and computer-based recurrent training1 in accordance with section #g of the ,reducing ,over-,classification ,act1 as amended by section #ajg of this ,act4 7#d7 ,adoption of uniform formats for the preparation1 production1 or publication of classified information4 7#e7 ,ways to encourage an authorized holder of classified information to challenge the classification of information that such holder believes is improperly classified or unclassified1 as required by section #a4h of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note7 or successor order4 ,b ,governmentwide ,reforms #aaa4 ,sense of ,congress ,it is the sense of ,congress that a position shall only be designated as a national security position if access to classified information is required or if that position-- 7#a7 presents a risk of a material adverse effect on the national security 7as described in section #gcb4bja of title #e1 ,code of ,federal ,regulations1 or similar successor regulation72 and 7#b7 is determined to be a public trust position 7as described in section #gca4ajf of title #e1 ,code of ,federal ,regulations1 or similar successor regulation74 #aab4 ,report on certain designations 7a7 ,report ,not later than #f months after the date of the enactment of this ,act and biannually thereafter1 the head of each agency with the authority to designate a national security position shall submit to ,congress a report that provides information regarding any national security position for which access to classified materials is not required and the position is not determined to be a public trust position 7as described in section #gca4ajf of title #e1 ,code of ,federal ,regulations1 or similar successor regulation74 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 a description for the position1 including specific information on duties and day-to-day operations2 7#b7 the history of the position's national security position designation1 including whether the position is newly created or was transferred from another department1 division1 or program2 7#c7 an explanation of the position's national security position designation and whether responsibilities have been added to the position to explain the designation2 7#d7 an explanation of the national security implications of the position2 7#e7 the advertising and recruitment mechanisms used to fill the position2 7#f7 information on the individual who holds the position1 including as appropriate1 information on periods when the individual had previously held a national security position2 and 7#g7 demographic information on the individual who holds the position1 including age1 gender1 race1 ethnicity1 employment status1 and geographic location4 7c7 ,public report ,the report required under subsection 7a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 #aac4 ,transparency and accountability in personnel security investigations 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence and the ,director of the ,office of ,personnel ,management shall establish requirements for a uniform markings process to identify the investigation service provider that originated each piece of information in a current investigation file4 7b7 ,utilization 7#a7 ,in general ,not later than #ij days after the establishment of the uniform markings process pursuant to subsection 7a71 investigation service providers shall utilize such uniform markings process and make available1 upon request by the authorized adjudicative agency1 all documents in a current investigation file4 7#b7 ,exception ,this subsection shall not apply to a personnel security investigation that an agency conducts using its own personnel1 under delegated or statutory authority4 #aad4 ,continuous evaluation programs and insider threat programs 7a7 ,findings ,congress finds the following3 7#a7 ,the term continuous evaluation1 as defined in ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note71 means reviewing the background of an individual who has been determined to be eligible for access to classified information at any time during the period of eligibility4 7#b7 ,since #aiih1 at least #aj continuous evaluation pilot studies have been carried out by ,federal agencies to monitor the individuals with security clearances on an ongoing basis4 7#c7 ,the ,department of ,defense has conducted multiple continuous evaluation pilots since early #bjjb and has more than one pilot that is ongoing as of ,july #a1 #bjad4 ,by ,october #bjad1 the ,department anticipates #ajj1jjj people to be subject to continuous evaluation with the population steadily rising to #a1jjj1jjj by #bjag4 7#d7 ,the ,office of the ,director of ,national ,intelligence plans for all individuals with ,top ,secret clearances or higher to be subject to continuous evaluation by #bjaf4 7#e7 ,since #bjaj1 applicants submitting an application for a security clearance1 the ,standard ,form #hf1 are required to consent to being monitored through continuous evaluation4 7#f7 ,in ,february #bjad1 the ,office of ,management and ,budget issued a #abj-;day review of ,federal employee suitability and contractor fitness determinations as well as security clearance procedures and recommended an accelerated timetable for an integrated solution or continuous evaluation program across all ,federal agencies and security levels4 7#g7 ,in addition to continuous evaluation1 some ,federal agencies are establishing insider threat programs pursuant to ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note71 which authorized the establishment of insider threat programs to1 among other things1 identify any ,government or contracted employee that may have compromised national security through such employee's work capacity4 7#h7 ,continuous evaluation and insider threat programs are proliferating throughout the ,federal government without requirements for protections to ensure that such programs be designed and implemented in a manner that not only protects national security but also promotes fairness1 transparency1 and employee protections1 including whistleblower protections4 7b7 ,requirements ,not later than #ahj days after the date of the enactment of this ,act1 the ,privacy and ,civil ,liberties ,oversight ,board1 established under section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 shall publish in the ,federal ,register standards for the protection of national security and promotion of fairness1 transparency1 and employee protections1 including safeguards to preserve the rights and confidentiality of whistleblowers with respect to the operation of a continuous evaluation program and the operation of an insider threat program by a ,federal agency4 7c7 ,certification 7#a7 ,in general ,not later than #ij days after the date of publication of the standards under subsection 7b71 the head of any agency that is operating a continuous evaluation program or insider threat program as of the date of the enactment of this ,act shall-- 7,a7 certify whether such program is in compliance with the standards established under subsection 7b72 and 7,b7 publish such certification in the ,federal ,register4 7#b7 ,suspension or program ,any such head who certifies that a continuous evaluation program or insider threat program does not meet such standards or who fails to publish a certification of compliance pursuant to paragraph 7#a7 shall suspend the program until such program is compliant and certification of compliance is published in the ,federal ,register4 7d7 ,report ,the head of any agency that is operating a continuous evaluation program or insider threat program as of the date of the enactment of this ,act shall annually submit to ,congress a report that includes the following information3 7#a7 ,the number of individuals in the agency subject to the continuous evaluation program or insider threat program4 7#b7 ,the number of individuals in the agency whose eligibility for access to classified information was suspended or revoked as a result of information acquired through the continuous evaluation program or insider threat program4 7#c7 ,the total number of individuals in the agency who are eligible to access classified information4 7#d7 ,demographic information on each individual whose eligibility for access to classified information was changed as a result of information collected through the continuous evaluation program or insider threat program1 including age1 race1 gender1 and ethnicity4 7#e7 ,a description of the mechanisms used to conduct the evaluations1 including how individuals were selected1 whether the evaluations were randomized1 and if so1 the nature of the randomization1 including the degree to which it was temporally randomized and the degree to which the selection of individuals subject to the program was randomized4 7#f7 ,a description of the types of information that were captured through the continuous evaluation program or insider threat program and were the basis for further investigation4 7#g7 ,the frequency that information captured through the continuous evaluation program or insider threat program was the basis for further investigation4 7#h7 ,information on any individual whose eligibility for access to classified information was changed as a result of information collected through the continuous evaluation program or insider threat program1 including the clearance level of each impacted individual and what position1 if any1 the individual holds within the agency1 number of years the individual has been eligible to access classified information at the level held at the time that the individual was subject to the continuous evaluation program or insider threat program and1 if available1 the frequency that classified information was accessed by each such individual4 7#i7 ,identification of each database that was accessed4 7#aj7 ,protocols for resolution of information captured through the continuous evaluation program or insider threat program that was the basis for further investigation1 including the provision of notification to the impacted individual's supervisor and the impacted individual4 7#aa7 ,information on any specific instance in which the continuous evaluation program or insider threat program resulted in the protection of classified information and national security4 7#ab7 ,information on the annual and life-cycle costs of the continuous investigation or insider threat program and1 in the event that the head of the agency intends to expand the program1 information on the anticipated costs of expansion4 7e7 ,pilot program ,the head of any agency that establishes a continuous evaluation program after the date of the enactment of this ,act shall be subject to the following requirements3 7#a7 ,before initiating a continuous evaluation program or insider threat program1 such head shall conduct a pilot continuous evaluation program or pilot insider threat program that is not shorter than #abj days in duration and uses a representative sample of individuals eligible for access to classified information1 including individuals employed by contractors4 ,participants in the program shall receive notification and1 in the event that derogatory information is identified through the program that results in changes to such participant's eligibility for access to classified information1 shall be provided access to the redress process described under section #aaf4 7#b7 ,before conducting a pilot continuous evaluation program or pilot insider threat program under paragraph 7#a71 such head shall publish1 in the ,federal ,register1 a notice of the program that provides information on the provisions of the program1 metrics for evaluating its efficacy1 and a privacy impact assessment4 7#c7 ,not later than #ij days after the initiation of a pilot continuous evaluation program or pilot insider threat program pursuant to paragraph 7#a71 such head shall submit to ,congress a preliminary report that includes-- 7,a7 the number of individuals evaluated under the program2 7,b7 the total number of individuals in the agency who are eligible to access classified information2 7,c7 demographics of the individuals evaluated under the program1 including age1 race1 gender1 ethnicity1 employer1 clearance level1 and the number of years the individual has been eligible to access classified information2 7,d7 a position description for each individual evaluated under the program2 7,e7 a description of the mechanisms used to conduct the evaluations1 including how individuals were selected1 whether the evaluations were randomized1 and if so1 the nature of the randomization1 including the degree to which it was temporally randomized and the degree to which the selection of individuals subject to the program was randomized2 7,f7 a description of the types of information that were captured through the program and were the basis for further investigation2 7,g7 the frequency that information captured through the program was the basis for further investigation2 and 7,h7 information on the number of individuals whose eligibility for access to classified information was changed as a result of information collected through the program4 7#d7 ,not later than #ahj days after the conclusion of a pilot continuous evaluation program or pilot insider threat program pursuant to paragraph 7#a7 or expansion of a pilot continuous evaluation program or pilot insider threat program1 such head shall submit to ,congress a final report that updates the information required in the preliminary report under paragraph 7#c74 ,the report shall include-- 7,a7 an identification of each database that was accessed2 7,b7 protocols for resolution of information captured through the program that was the basis for further investigation1 including the provision of notification to the impacted individual's supervisor and the impacted individual2 7,c7 information on any specific instance in which continuous evaluation resulted in the protection of classified information and national security2 and 7,d7 information regarding the annual and life-cycle costs of the program and1 in the event that such head intends to expand the program or initiate a continuous evaluation program or insider threat program1 information on the anticipated costs of an expansion or initiation4 7#e7 ,prior to expanding a pilot continuous evaluation program or insider threat program or initiating a continuous evaluation program or insider threat program1 such head shall secure a privacy impact assessment from the top privacy and civil liberties officials at such agency4 7f7 ,unclassified reports ,all reports required under this section shall be submitted in unclassified form and be made publicly available1 but may include a classified annex if necessary4 7g7 ,limitation on data collection ,not later than #ahj days after the date of the enactment of this ,act1 the head of an agency that operates a continuous evaluation program shall ensure that data collection under the program is limited to databases and other sources of information accessed for a periodic reinvestigation as of the date of the enactment of this ,act4 7h7 ,definitions ,in this section3 7#a7 ,continuous evaluation program ,the term continuous evaluation program means any program continually reviewing the background of an individual who has been determined to be eligible for access to classified information pursuant to ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note7 7as amended by ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note77 or any other similar authority4 7#b7 ,insider threat program ,the term insider threat program means any program monitoring the activity of an individual who has been determined to be eligible for access to classified information to improve insider threat detection and prevention pursuant to ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note7 or successor order4 #aae4 ,mitigating factors in the context of a continuous evaluation program or insider threat program 7a7 ,continuous evaluation ,not later than #abj days after the date of the enactment of this ,act1 for each adjudicative guideline for individuals with access to classified information 7as described in part #adg of title #cb1 ,code of ,federal ,regulations1 or similar successor regulation7 the ,president shall update and tailor the conditions that mitigate security concerns to address continuous evaluation of such individuals performed pursuant to ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note7 7as amended by ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note77 or any other authority1 including the implications of recency on the availability of mitigation4 7b7 ,insider threat program ,not later than #bdj days after the date of the enactment of this ,act1 the ,president shall establish adjudicative guidelines1 including conditions that mitigate security concerns that consider the implications of recency on the availability of mitigation1 for an individual who is subject to an adverse decision based on an insider threat program established pursuant to ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note7 or successor order4 #aaf4 ,appeal to the ,merit ,systems ,protection ,board ,an employee for whom a final determination of ineligibility for a national security position has been made is entitled to appeal to the ,merit ,systems ,protection ,board under section #ggja of title #e1 ,united ,states ,code4 #aag4 ,automated or nongovernmental adjudication prohibited 7a7 ,in general ,an adjudication by an agency that an individual may not have access to classified information may only be made by a ,federal employee and may not be rendered by an automated1 electronic1 or computer system4 7b7 ,federal employee defined ,in this section1 the term ,federal employee has the meaning given the term employee in section #baje of title #e1 ,united ,states ,code1 and includes any member of the uniformed services4 #aah4 ,report on media contacts policy for intelligence personnel ,not later than #ij days after the date of the enactment of this ,act1 the head of each element of the intelligence community 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777 shall submit to ,congress a report on each such element's implementation of policy directives regarding contacts with news media by intelligence community personnel4 ,such report shall describe how each such element's implementation of such directives protects the free speech rights of intelligence community personnel1 including intelligence community personnel who choose to discuss unclassified public policy issues with friends or family members who may use new media technologies4 ,,ii ,department of ,homeland ,security ,clearance ,process ,reforms ,a ,designation #bja4 ,designation of national security sensitive and public trust positions 7a7 ,in general ,the ,secretary of ,homeland ,security shall require the ,department of ,homeland ,security1 including all components of the ,department1 to designate the sensitivity level of national security positions 7pursuant to part #gcb of title #e1 ,code of ,federal ,regulations1 or similar successor regulation7 in an accurate and consistent manner within the ,department1 including all such components4 7b7 ,implementation ,in carrying out subsection 7a71 the ,secretary of ,homeland ,security shall require the utilization of uniform designation tools throughout the ,department of ,homeland ,security1 including all components of the ,department1 and provide training to appropriate staff of the ,department1 including staff of all such components1 on such utilization4 ,such training shall include guidance on factors for determining eligibility for access to classified information and facilities with classified information4 #bjb4 ,audits ,not later than #ahj days after the ,director of ,national ,intelligence and ,director of the ,office of ,personnel ,management issue a rule for designation of national security positions 7pursuant to part #gcb of title #e1 ,code of ,federal ,regulations1 or similar successor regulation71 the ,inspector ,general of the ,department of ,homeland ,security shall conduct regular audits of compliance of the ,department with such rule4 #bjc4 ,review of position designations 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall biennially conduct a review of all sensitivity level designations of national security positions 7pursuant to part #gcb of title #e1 ,code of ,federal ,regulations1 or similar successor regulation7 at the ,department4 7b7 ,determination ,if during the course of a review required under subsection 7a7 the ,secretary of ,homeland ,security determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted1 such access shall be administratively adjusted or periodic reinvestigation completed1 as necessary4 7c7 ,report 7#a7 ,in general ,upon completion of each review required under subsection 7a71 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on the number of positions by classification level and by component of the ,department of ,homeland ,security that are to be redesignated in accordance with subsection 7b7 to-- 7,a7 require access to classified information2 7,b7 no longer require access to classified information2 or 7,c7 otherwise require a different level of access to classified information4 7#b7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 ,b ,investigation #baa4 ,investigation services provider performance 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall annually survey the head of each component or office of the ,department with the authority to adjudicate a current investigation file for a national security position to help determine whether-- 7#a7 investigation service providers are adhering to ,federal requirements1 including requirements under the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #aah ,stat4 #cfbh7 and requirements promulgated by the ,office of ,personnel ,management2 and 7#b7 records provided are adequate to conduct adjudications4 7b7 ,contents ,each survey under subsection 7a7 shall consider the following3 7#a7 ,punctuality of completed personnel security investigations1 including adherence to timelines required under section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda74 7#b7 ,frequency that the adjudicator must seek clarifying or additional information from the investigation service provider4 7#c7 ,frequency that the adjudicator orders a full or partial reinvestigation4 7#d7 ,frequency that the adjudicator finds adverse information after the completed background investigation is submitted by the investigation service provider4 7#e7 ,frequency that the complete investigation file1 including investigative notes1 is provided4 7#f7 ,overall performance of the investigation service provider4 7#g7 ,satisfaction with the overall performance of the investigation service provider4 7c7 ,corrective action ,if information provided under subsection 7a7 identifies a pattern of performance problems with a particular investigation service provider1 the ,chief ,security ,officer of the ,department of ,homeland ,security shall make a recommendation to the ,secretary of ,homeland ,security and1 where appropriate1 to the head of each component or office of the ,department that uses the particular investigation service provider regarding corrective action1 including suspension or cancellation of services4 7d7 ,availability ,the ,secretary of ,homeland ,security shall publish the results of each survey under subsection 7a7 and make each such publication publicly available on the website of the ,department of ,homeland ,security4 #bab4 ,metrics ,the ,secretary of ,homeland ,security shall utilize metrics1 including1 to the extent practicable1 any metrics in use by the ,office of ,personnel ,management as of the date of the enactment of this ,act1 to assess the timeliness1 completeness1 and overall quality of the provision of investigative services by investigation service providers4 ,c ,adjudication #bba4 ,uniform adjudication standards 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall issue uniform adjudication standards1 consistent with part #adg of title #cb1 ,code of ,federal ,regulations1 or similar successor regulation to be utilized by ,department adjudicators with respect to adjudicating the eligibility of an individual for access to classified information4 7b7 ,certification ,not later than one year after the issuance of the uniform adjudication standards under subsection 7a71 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall require the head of each component and office of the ,department with the authority to adjudicate access to classified information of an individual to certify compliance with the uniform adjudication standards under subsection 7a74 7c7 ,audit ,not later than two years after the last head of a component of the ,department of ,homeland ,security certifies compliance under subsection 7b7 with the uniform adjudication standards under subsection 7a71 the ,inspector ,general of the ,department shall audit all such components to verify such compliance4 ,d ,denial1 ,suspension1 ,revocation1 and ,appeal #bca4 ,uniform revocation criteria and procedures 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall issue a ,departmentwide directive that sets forth uniform criteria and procedures1 consistent with any appropriate ,federal ,governmentwide standards1 including notice requirements1 for the suspension1 denial1 and revocation of eligibility for access to classified information of an individual issued by the ,department4 7b7 ,certification ,not later than one year after issuance of the uniform criteria and procedures under subsection 7a71 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall require the head of each component and office of the ,department with the authority to adjudicate eligibility for access to classified information of an individual to certify compliance with such uniform criteria and procedures4 #bcb4 ,annual reporting 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall annually submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on the following3 7#a7 ,the number of denials1 suspensions1 revocations1 and appeals of the eligibility for access to classified information of an individual throughout the ,department4 7#b7 ,the date and status or disposition of each reported action under paragraph 7#a74 7#c7 ,the identification of the originator1 whether by a component or headquarters1 of each adverse action under paragraph 7#a71 and description of the grounds for each such action4 7#d7 ,demographic data1 including data relating to race1 sex1 national origin1 and disability1 of each individual for whom eligibility for access to classified information was denied1 suspended1 revoked1 or appealed1 and the number of years that each such individual was eligible for access to such information4 7#e7 ,in the case of a suspension in excess of #ahj days1 an explanation for the such timeframe4 7b7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 #bcc4 ,final appeals panel 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish an internal appeals #e-person panel for final national security clearance denial and revocation determinations that is comprised of designees who are career1 supervisory employees from departmental components and headquarters4 7b7 ,chair ,the ,chief ,security ,officer of the ,department of ,homeland ,security shall serve as the chair of the panel established pursuant to subsection 7a74 7c7 ,positions ,at least two of the positions on the panel shall be held by non-security related supervisory employees for not more than two consecutive years1 and at least one position shall held by a security related supervisory employee for not more than three consecutive years4 7d7 ,subpanels 7#a7 ,in general ,for each matter before the panel1 a #c-person subpanel shall be convened by the chair1 and may include the chairman4 7#b7 ,prohibition ,the chair may not select a panelist to serve on a #c-person subpanel referred to in paragraph 7#a7 from the same component or office of the ,department of ,homeland ,security as from which the matter before such subpanel originated or who has a prior relationship with any of the individuals involved in such matter4 7e7 ,procedures 7#a7 ,in general ,each individual issued access to classified information by the ,department of ,homeland ,security whose access is denied or revoked after a decision from a first-line deciding authority and a supervisor of such first-line deciding authority may appeal1 in writing1 to the #e-person appeals panel and appear1 with a representative1 before such panel to make a statement4 7#b7 ,rulings ,a simple majority of the appeals panel is required to uphold or overturn a denial or revocation4 7#c7 ,timing ,all determinations of the appeals panel shall be rendered within #ij days of receipt of an appeal under this section4 7#d7 ,finality ,all determinations of the appeals panel shall be final1 and no further administrative review shall be permitted4 ,e ,miscellaneous ,provisions #bda4 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd review and security clearance reciprocity 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on-- 7#a7 the impact of the implementation of section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 on security clearance processes1 including-- 7,a7 with respect to the quality of personnel security investigations and adjudications2 and 7,b7 the extent to which the timelines specified in such section have impacted security clearance backlogs1 and include recommendations for areas for reform2 and 7#b7 the extent to which individuals with eligibility for access to classified information1 adjudicated by the ,secretary of ,homeland ,security or the head of a component or office of the ,department of ,homeland ,security1 are granted reciprocity within the ,department and by other agencies1 in accordance with subsection 7d7 of section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda71 including-- 7,a7 the extent to which the lack of harmonization of suitability standards is a barrier to such reciprocity2 and 7,b7 recommendations on whether such standards should be included in interagency reciprocity agreements4 7b7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 #bdb4 ,office of ,inspector ,general report 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on the implementation of responsibilities and mandates of the ,department under this ,act1 and the amendments made by this ,act4 7b7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form and be made publicly available1 but may include a classified annex for any sensitive or classified information if necessary4 #bdc4 ,penalties for falsification relating to an investigation file ,section #ajja7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting at the end the following3 ,if the offense involves an investigation file for a national security position 7as such term is defined in section #gcb4ajb of title #e1 ,code of ,federal ,regulations1 or similar successor regulation71 then the maximum term of imprisonment otherwise authorized under this section may be increased by one year44