,,ib ,union ,calendar ,no4 #gji #aaeth ,,congress #b;d ,session ,h4 ,r4 #fcgd ,report ,no4 #aae-iac ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjah ,mr4 ,perry 7for himself and ,mr4 ,mc,caul7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security ,september #d1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,july #ac1 #bjah ,a ,,bill ,to require the ,department of ,homeland ,security to streamline ,federal contractor fitness determinations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fitness ,information ,transparency ,act of #bjah or the ,,fit ,act4 #b4 ,requirement to streamline fitness determinations 7a7 ,consolidation of fitness standards ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall-- 7#a7 coordinate with the heads of components of the ,department to review and consolidate all ,federal contractor fitness standards used by the ,department and its components in order to issue a uniform set of fitness standards that reflect public trust concerns which correspond to each position risk level2 7#b7 require the ,department and the heads of its components to use such uniform fitness standards that correspond to the relevant position risk level as the basis for fitness determinations for a contractor employee2 and 7#c7 publish such uniform fitness standards that correspond to each such position risk level on the public website of the ,department and cause the same to be printed in the ,federal ,register4 7b7 ,deviation from uniform fitness standards ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 may authorize the ,department or a component of the ,department to deviate from the uniform fitness standards issued pursuant to subsection 7a7 on a position-by-position basis if-- 7#a7 the ,secretary publishes in writing on the public website of the ,department and causes the same to be printed in the ,federal ,register a certification that contains-- 7,a7 a determination that such uniform fitness standards are not sufficient to protect information1 systems1 or facilities of the ,department the unauthorized disclosure of which or unauthorized access to which could reasonably be expected to cause substantial damage to the integrity and efficiency of the ,department2 and 7,b7 a description of approved additional fitness standards and a list to which positions such deviation applies2 or 7#b7 exigent circumstances created by a presidential declaration of a major disaster issued pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 require such deviation to mitigate staffing shortages for the duration of such declaration4 7c7 ,reciprocity 7#a7 ,in general ,the ,chief ,security ,officer of the ,department of ,homeland ,security shall implement a process to ensure fitness determinations made by the ,department are uniformly accepted throughout the ,department and its components4 7#b7 ,sufficiency ,the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 may1 as appropriate1 deem a favorably adjudicated personnel security investigation sufficient to satisfy a requirement to complete a contractor fitness determination under this section4 7d7 ,fitness adjudication status updates ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security and in coordination with heads of the components of the ,department1 shall implement a uniform process to-- 7#a7 provide1 not less frequently than monthly1 contractor representatives certified pursuant to subsection 7e77#a7 access to information regarding the status of fitness determinations for ,department contractor employees relevant to such contractor representatives2 and 7#b7 collect each fiscal quarter data to allow the ,department and its components and contractor representatives to assess average fitness investigation1 adjudication1 and determination processing times for each component of the ,department1 including information regarding the parameters used to calculate each such average4 7e7 ,certification ,before the implementation of the uniform process described in subsection 7d71 the ,secretary of ,homeland ,security1 acting through the ,chief ,security ,officer of the ,department of ,homeland ,security1 shall-- 7#a7 certify that each contractor representative receiving information from such process has received information regarding practices relating to the adequate protection of personally identifiable information and has acknowledged in writing to adhere to such practices2 and 7#b7 consult with the ,director of the ,office of ,personnel ,management to ensure that such process is consistent with current best practices across the ,federal ,government4 7f7 ,applicability of section #ddicf of title #di1 ,united ,states ,code ,no authority or policy created by or issued pursuant to this section shall apply to employees or contractors of an air carrier1 foreign air carrier1 or airport operator subject to employment investigations pursuant to section #ddicf of title #di1 ,united ,states ,code4 7g7 ,reports to ,congress ,not later than #ahj days after the publication of uniform fitness standards described in subsection 7a7 and annually thereafter for four years1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report containing-- 7#a7 the number of deviation requests under subsection 7b7 made to the ,chief ,security ,officer of the ,department of ,homeland ,security1 including-- 7,a7 the number of deviation requests approved and the corresponding justification for each such deviation from such fitness standards2 and 7,b7 the number of deviation requests denied and the corresponding justification for each such denial2 7#b7 information regarding the number and average duration of ,federal contractor fitness determinations for each component of the ,department2 7#c7 information regarding the use of programs or policies that allow contractors to begin work prior to the completion of a fitness determination2 7#d7 to the extent practicable1 the number of individuals who1 during the preceding calendar year1 received an unfavorable fitness determination from the ,department by reason of an affiliation with or membership in an organization dedicated to terrorism2 7#e7 to the extent practicable1 the number of individuals who1 during the preceding calendar year1 received a favorable fitness determination from the ,department despite an affiliation with or membership in an organization dedicated to terrorism2 7#f7 information regarding the degree to which fitness determinations made by the ,department and its components or other ,federal agencies are recognized on a reciprocal basis by the ,department and its components pursuant to subsection 7c77#a72 7#g7 information regarding the degree to which suitability and fitness determinations for ,federal applicants and appointees made by the ,department and its components or other ,federal agencies are recognized on a reciprocal basis by the ,department and its components2 and 7#h7 information regarding the degree to which the ,secretary1 acting through the ,chief ,security ,officer of the ,department1 uses the authority under subsection 7c77#b74 7h7 ,suitability status updates ,not later than one year after the date of the enactment of this ,act1 the ,chief ,security ,officer of the ,department of ,homeland ,security1 in consultation with the ,chief ,human ,capital ,officer of the ,department1 shall develop a plan to provide ,federal applicants and appointees with suitability and fitness determination status updates similar to updates provided to contractor representatives under subsection 7d74 7i7 ,exigent circumstances fitness determination review ,the ,chief ,security ,officer of the ,department of ,homeland ,security may conduct an immediate review of a contractor employee's fitness determination when a contractor employee has engaged in violent acts against individuals1 property1 or public spaces based on the contractor employee's association with persons or organizations that advocate1 threaten1 or use force or violence1 or any other illegal or unconstitutional means1 in an effort to prevent others from exercising their rights under the ,constitution or laws of the ,united ,states or of any ,state1 based on factors including1 at a minimum1 race1 religion1 national origin1 or disability4 7j7 ,no additional funds authorized ,no additional funds are authorized to be appropriated to carry out this ,act4 ,this ,act shall be carried out using amounts otherwise appropriated4 7k7 ,definitions ,in this section3 7#a7 ,contractor ,the term contractor has the meaning given such term in section #gaja of title #da1 ,united ,states ,code4 7#b7 ,contractor employee ,the term contractor employee means an individual who performs work for or on behalf of any ,federal agency under a contract and who1 in order to perform the work specified under such contract1 will require access to facilities1 information1 information technology systems1 staff1 or other assets of the ,department of ,homeland ,security1 and who could1 by the nature of the access or duties of such individual1 adversely affect the integrity or efficiency of the ,department4 ,such contracts include the following3 7,a7 ,personal services contracts4 7,b7 ,contracts between any non-,federal entity and the ,department4 7,c7 ,sub-contracts between any non-,federal entity and another non-,federal entity to perform work related to the primary contract with the ,department4 7#c7 ,contractor representative ,the term contractor representative means a person employed by a contractor who is designated in writing by an authorized official of a contractor as responsible for managing and communicating with the ,department of ,homeland ,security or its components on behalf of such contractor on matters relating to fitness determinations1 and is certified pursuant to subsection 7e77#a7 regarding the adequate protection of personally identifiable information4 7#d7 ,excepted service ,the term excepted service has the meaning given such term in section #bajc of title #e1 ,united ,states ,code4 7#e7 ,fitness ,the term fitness means the level of character and conduct necessary for an individual to perform work for or on behalf of a ,federal agency in the excepted service1 other than a position subject to a suitability determination or as a nonappropriated fund instrumentality employee4 7#f7 ,fitness determination ,the term fitness determination means a decision by a ,federal agency that an individual does or does not have the required level of character and conduct necessary to perform work for or on behalf of a ,federal agency in the excepted service1 other than a position subject to a suitability determination1 as a contractor employee1 or as a nonappropriated fund instrumentality employee4 7#g7 ,information technology ,the term information technology has the meaning given such term in section #aaaja of title #dj1 ,united ,states ,code4 7#h7 ,nonappropriated fund instrumentality employee ,the term nonappropriated fund instrumentality employee has the meaning given such term in section #aehg7;a77#a7 of title #aj1 ,united ,states ,code4 7#i7 ,personnel security investigation ,the term personnel security investigation has the meaning given such term in subsection 7a7 of section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda74 7#aj7 ,suitability determination ,the term suitability determination has the meaning given such term in section #gca4aja of title #e1 ,code of ,federal ,regulations4 7#aa7 ,terrorism ,the term terrorism means any criminal acts that involve violence or are dangerous to human life and appear to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion1 or to affect the conduct of a government by mass destruction1 assassination1 or kidnapping4 ,september #d1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed