,,ii #aafth ,,congress #ast ,session ,s4 #cad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjai,mr4 ,warner introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to improve the processing and oversight by the ,federal ,government of security clearances and background investigations1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,modernizing the ,trusted ,workforce for the #bast ,century ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,reports and plans relating to security clearances and background investigations4,sec4 #d4 ,improving the process for security clearances4,sec4 #e4 ,goals for promptness of determinations regarding security clearances4,sec4 #f4 ,security ,executive ,agent4,sec4 #g4 ,report on unified1 simplified1 ,governmentwide standards for positions of trust and security clearances4,sec4 #h4 ,report on clearance in person concept4,sec4 #i4 ,budget request documentation on funding for background investigations4,sec4 #aj4 ,reports on reciprocity for security clearances inside of departments and agencies4,sec4 #aa4 ,intelligence community reports on security clearances4,sec4 #ab4 ,periodic report on positions in the intelligence community that can be conducted without access to classified information1 networks1 or facilities4,sec4 #ac4 ,information sharing program for positions of trust and security clearances4,sec4 #ad4 ,report on protections for confidentiality of whistleblower-related communications4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the congressional intelligence committees2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,f7 the ,committee on ,appropriations of the ,house of ,representatives2 7,g7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,h7 the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7#b7 ,appropriate industry partners ,the term appropriate industry partner means a contractor1 licensee1 or grantee 7as defined in section #aja7;a7 of ,executive ,order #abhbi 7#ej ,u4,s4,c4 #cafa note2 relating to ,national ,industrial ,security ,program77 that is participating in the ,national ,industrial ,security ,program established by such ,executive ,order4 7#c7 ,congressional intelligence committees ,the term congressional intelligence committees has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#d7 ,continuous vetting ,the term continuous vetting has the meaning given such term in ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note2 relating to reforming processes related to suitability for ,government employment1 fitness for contractor employees1 and eligibility for access to classified national security information74 7#e7 ,council ,the term ,council means the ,security1 ,suitability1 and ,credentialing ,performance ,accountability ,council established pursuant to such ,executive ,order1 or any successor entity4 7#f7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#g7 ,suitability and ,credentialing ,executive ,agent ,the term ,suitability and ,credentialing ,executive ,agent means the ,director of the ,office of ,personnel ,management acting as the ,suitability and ,credentialing ,executive ,agent in accordance with ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note2 relating to reforming processes related to suitability for ,government employment1 fitness for contractor employees1 and eligibility for access to classified national security information71 or any successor entity4 #c4 ,reports and plans relating to security clearances and background investigations 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ensuring the trustworthiness and security of the workforce1 facilities1 and information of the ,federal ,government is of the highest priority to national security and public safety2 7#b7 the ,president and ,congress should prioritize the modernization of the personnel security framework to improve its efficiency1 effectiveness1 and accountability2 7#c7 the current system for security clearance1 suitability and fitness for employment1 and credentialing lacks efficiencies and capabilities to meet the current threat environment1 recruit and retain a trusted workforce1 and capitalize on modern technologies2 and 7#d7 changes to policies or processes to improve this system should be vetted through the ,council to ensure standardization1 portability1 and reciprocity in security clearances across the ,federal ,government4 7b7 ,accountability plans and reports 7#a7 ,plans ,not later than #ij days after the date of the enactment of this ,act1 the ,council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following3 7,a7 ,a plan1 with milestones1 to reduce the background investigation inventory to #bjj1jjj1 or an otherwise sustainable steady-level1 by the end of year #bjbj4 ,such plan shall include notes of any required changes in investigative and adjudicative standards or resources4 7,b7 ,a plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner between the ,national ,background ,investigation ,bureau and the ,defense ,security ,service1 or a successor organization4 ,such plan shall address required funding1 personnel1 contracts1 information technology1 field office structure1 policy1 governance1 schedule1 transition costs1 and effects on stakeholders4 7#b7 ,report on the future of personnel security 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,chairman of the ,council1 in coordination with the members of the ,council1 shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats1 the workforce1 and technology4 7,b7 ,contents ,the report submitted under subparagraph 7,a7 shall include the following3 7i7 ,a risk framework for granting and renewing access to classified information4 7ii7 ,a discussion of the use of technologies to prevent1 detect1 and monitor threats4 7iii7 ,a discussion of efforts to address reciprocity and portability4 7iv7 ,a discussion of the characteristics of effective insider threat programs4 7v7 ,an analysis of how to integrate data from continuous evaluation1 insider threat programs1 and human resources data4 7vi7 ,recommendations on interagency governance4 7#c7 ,plan for implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,chairman of the ,council1 in coordination with the members of the ,council1 shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report's framework and recommendations submitted under paragraph 7#b77;,a74 7#d7 ,congressional notifications ,not less frequently than quarterly1 the ,security ,executive ,agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the ,federal ,government for a change to1 or approval under1 the ,federal investigative standards1 the national adjudicative guidelines1 continuous evaluation1 or other national policy regarding personnel security4 #d4 ,improving the process for security clearances 7a7 ,reviews ,not later than #ahj days after the date of the enactment of this ,act1 the ,security ,executive ,agent1 in coordination with the members of the ,council1 shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following3 7#a7 ,a review of whether the information requested on the ,questionnaire for ,national ,security ,positions 7,standard ,form #hf7 and by the ,federal ,investigative ,standards prescribed by the ,office of ,personnel ,management and the ,office of the ,director of ,national ,intelligence appropriately supports the adjudicative guidelines under ,security ,executive ,agent ,directive #d 7known as the ,national ,security ,adjudicative ,guidelines74 ,such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines4 7#b7 ,an assessment of whether such ,questionnaire1 ,standards1 and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat4 7#c7 ,recommendations to improve the background investigation process by-- 7,a7 simplifying the ,questionnaire for ,national ,security ,positions 7,standard ,form #hf7 and increasing customer support to applicants completing such ,questionnaire2 7,b7 using remote techniques and centralized locations to support or replace field investigation work2 7,c7 using secure and reliable digitization of information obtained during the clearance process2 7,d7 building the capacity of the background investigation labor sector2 and 7,e7 replacing periodic reinvestigations with continuous evaluation techniques in all appropriate circumstances4 7b7 ,policy1 strategy1 and implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,security ,executive ,agent shall1 in coordination with the members of the ,council1 establish the following3 7#a7 ,a policy and implementation plan for the issuance of interim security clearances4 7#b7 ,a policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the ,united ,states as compared to employees of such agencies and departments4 ,such policy shall address-- 7,a7 prioritization of processing security clearances based on the mission the contractors will be performing2 7,b7 standardization in the forms that agencies issue to initiate the process for a security clearance2 7,c7 digitization of background investigation-related forms2 7,d7 use of the polygraph2 7,e7 the application of the adjudicative guidelines under ,security ,executive ,agent ,directive #d 7known as the ,national ,security ,adjudicative ,guidelines72 7,f7 reciprocal recognition of clearances across agencies and departments of the ,united ,states1 regardless of status of periodic reinvestigation2 7,g7 tracking of clearance files as individuals move from employment with an agency or department of the ,united ,states to employment in the private sector2 7,h7 collection of timelines for movement of contractors across agencies and departments2 7,i7 reporting on security incidents and job performance1 consistent with section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd71 that may affect the ability to hold a security clearance2 7,j7 any recommended changes to the ,federal ,acquisition ,regulations 7,,far7 necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors2 and 7,k7 portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance4 7#c7 ,a strategy and implementation plan that-- 7,a7 provides for periodic reinvestigations as part of a security clearance determination only on an as-needed1 risk-based basis2 7,b7 includes actions to assess the extent to which automated records checks and other continuous evaluation methods may be used to expedite or focus reinvestigations2 and 7,c7 provides an exception for certain populations if the ,security ,executive ,agent-- 7i7 determines such populations require reinvestigations at regular intervals2 and 7ii7 provides written justification to the appropriate congressional committees for any such determination4 7#d7 ,a policy and implementation plan for agencies and departments of the ,united ,states1 as a part of the security clearance process1 to accept automated records checks generated pursuant to a security clearance applicant's employment with a prior employer4 7#e7 ,a policy for the use of certain background materials on individuals collected by the private sector for background investigation purposes4 7#f7 ,uniform standards for agency continuous evaluation programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information4 #e4 ,goals for promptness of determinations regarding security clearances 7a7 ,reciprocity defined ,in this section1 the term reciprocity means reciprocal recognition by ,federal departments and agencies of eligibility for access to classified information4 7b7 ,in general ,the ,council shall reform the security clearance process with the objective that1 by ,december #ca1 #bjba1 #ij percent of all determinations1 other than determinations regarding populations identified under section #d7;b77#c77;,c71 regarding-- 7#a7 security clearances-- 7,a7 at the secret level are issued in #cj days or fewer2 and 7,b7 at the top secret level are issued in #ij days or fewer2 and 7#b7 reciprocity of security clearances at the same level are recognized in #b weeks or fewer4 7c7 ,certain reinvestigations ,the ,council shall reform the security clearance process with the goal that by ,december #ca1 #bjba1 reinvestigation on a set periodicity is not required for more than #aj percent of the population that holds a security clearance4 7d7 ,equivalent metrics 7#a7 ,in general ,if the ,council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections 7b7 and 7c71 the ,council may use those metrics for purposes of compliance within this provision4 7#b7 ,notice ,if the ,council uses the authority provided by paragraph 7#a7 to use metrics as described in such paragraph1 the ,council shall1 not later than #cj days after communicating such metrics to departments and agencies1 notify the appropriate congressional committees that it is using such authority4 7e7 ,plan ,not later than #ahj days after the date of the enactment of this ,act1 the ,council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section4 ,such plan shall include recommended interim milestones for the goals set forth in subsections 7b7 and 7c7 for #bjai1 #bjbj1 and #bjba4 #f4 ,security ,executive ,agent 7a7 ,in general ,title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq47 is amended-- 7#a7 by redesignating sections #hjc and #hjd as sections #hjd and #hje1 respectively2 and 7#b7 by inserting after section #hjb the following3 #hjc4 ,security ,executive ,agent 7a7 ,in general ,the ,director of ,national ,intelligence1 or such other officer of the ,united ,states as the ,president may designate1 shall serve as the ,security ,executive ,agent for all departments and agencies of the ,united ,states4 7b7 ,duties ,the duties of the ,security ,executive ,agent are as follows3 7#a7 ,to direct the oversight of investigations1 reinvestigations1 adjudications1 and1 as applicable1 polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any ,federal agency4 7#b7 ,to review the national security background investigation and adjudication programs of ,federal agencies to determine whether such programs are being implemented in accordance with this section4 7#c7 ,to develop and issue uniform and consistent policies and procedures to ensure the effective1 efficient1 timely1 and secure completion of investigations1 polygraphs1 and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position4 7#d7 ,unless otherwise designated by law1 to serve as the final authority to designate a ,federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position1 as applicable4 7#e7 ,unless otherwise designated by law1 to serve as the final authority to designate a ,federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note2 relating to access to classified information74 7#f7 ,to ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among ,federal agencies1 including acting as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility4 7#g7 ,to execute all other duties assigned to the ,security ,executive ,agent by law4 7c7 ,authorities ,the ,security ,executive ,agent shall-- 7#a7 issue guidelines and instructions to the heads of ,federal agencies to ensure appropriate uniformity1 centralization1 efficiency1 effectiveness1 timeliness1 and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position1 including such matters as investigations1 polygraphs1 adjudications1 and reciprocity2 7#b7 have the authority to grant exceptions to1 or waivers of1 national security investigative requirements1 including issuing implementing or clarifying guidance1 as necessary2 7#c7 have the authority to assign1 in whole or in part1 to the head of any ,federal agency 7solely or jointly7 any of the duties of the ,security ,executive ,agent described in subsection 7b7 or the authorities described in paragraphs 7#a7 and 7#b71 provided that the exercise of such assigned duties or authorities is subject to the oversight of the ,security ,executive ,agent1 including such terms and conditions 7including approval by the ,security ,executive ,agent7 as the ,security ,executive ,agent determines appropriate2 and 7#d7 define and set standards for continuous evaluation for continued access to classified information and for eligibility to hold a sensitive position4 4 7b7 ,report on recommendations for revising authorities ,not later than #cj days after the date on which the ,chairman of the ,council submits to the appropriate congressional committees the report required by section #c7;b77#b77;,a71 the ,chairman shall submit to the appropriate congressional committees such recommendations as the ,chairman may have for revising the authorities of the ,security ,executive ,agent4 7c7 ,conforming amendment ,section #ajc;,h7j77#d77;,a7 of such ,act 7#ej ,u4,s4,c4 #cjcc7;j77#d77;,a77 is amended by striking in section #hjd and inserting in section #hje4 7d7 ,clerical amendment ,the table of contents in the matter preceding section #b of such ,act 7#ej ,u4,s4,c4 #cjjb7 is amended by striking the items relating to sections #hjc and #hjd and inserting the following3 ,sec4 #hjc4 ,security ,executive ,agent4,sec4 #hjd4 ,exceptions4,sec4 #hje4 ,definitions4 4 #g4 ,report on unified1 simplified1 ,governmentwide standards for positions of trust and security clearances ,not later than #ij days after the date of the enactment of this ,act1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent1 in coordination with the other members of the ,council1 shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks1 benefits1 and costs to the ,government and to industry of consolidating to not more than #c tiers for positions of trust and security clearances4 #h4 ,report on clearance in person concept 7a7 ,sense of congress ,it is the sense of ,congress that to reflect the greater mobility of the modern workforce1 alternative methodologies merit analysis to allow greater flexibility for individuals moving in and out of positions that require access to classified information1 while still preserving security4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,security ,executive ,agent shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that describes the requirements1 feasibility1 and advisability of implementing a clearance in person concept described in subsection 7c74 7c7 ,clearance in person concept ,the clearance in person concept-- 7#a7 permits an individual who once held a security clearance to maintain his or her eligibility for access to classified information1 networks1 and facilities for up to #c years after the individual's eligibility for access to classified information would otherwise lapse2 and 7#b7 recognizes1 unless otherwise directed by the ,security ,executive ,agent1 an individual's security clearance and background investigation as current1 regardless of employment status1 contingent on enrollment in a continuous vetting program4 7d7 ,contents ,the report required under subsection 7b7 shall address-- 7#a7 requirements for an individual to voluntarily remain in a continuous evaluation program validated by the ,security ,executive ,agent even if the individual is not in a position requiring access to classified information2 7#b7 appropriate safeguards for privacy2 7#c7 advantages to ,government and industry2 7#d7 the costs and savings associated with implementation2 7#e7 the risks of such implementation1 including security and counterintelligence risks2 7#f7 an appropriate funding model2 and 7#g7 fairness to small companies and independent contractors4 #i4 ,budget request documentation on funding for background investigations 7a7 ,in general ,as part of the fiscal year #bjbj budget request submitted to ,congress pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,president shall include exhibits that identify the resources expended by each agency during the prior fiscal year for processing background investigations and continuous evaluation programs1 disaggregated by tier and whether the individual was a ,government employee or contractor4 7b7 ,contents ,each exhibit submitted under subsection 7a7 shall include details on-- 7#a7 the costs of background investigations or reinvestigations2 7#b7 the costs associated with background investigations for ,government or contract personnel2 7#c7 costs associated with continuous evaluation initiatives monitoring for each person for whom a background investigation or reinvestigation was conducted1 other than costs associated with adjudication2 7#d7 the average per person cost for each type of background investigation2 and 7#e7 a summary of transfers and reprogrammings that were executed in the previous year to support the processing of security clearances4 #aj4 ,reports on reciprocity for security clearances inside of departments and agencies 7a7 ,reciprocally recognized defined ,in this section1 the term reciprocally recognized means reciprocal recognition by ,federal departments and agencies of eligibility for access to classified information4 7b7 ,reports to ,security ,executive ,agent ,the head of each ,federal department or agency shall submit an annual report to the ,security ,executive ,agent that-- 7#a7 identifies the number of individuals whose security clearances take more than #b weeks to be reciprocally recognized after such individuals move to another part of such department or agency2 and 7#b7 breaks out the information described in paragraph 7#a7 by type of clearance and the reasons for any delays4 7c7 ,annual report ,not less frequently than once each year1 the ,security ,executive ,agent shall submit to the appropriate congressional committees and make available to industry partners an annual report that summarizes the information received pursuant to subsection 7b7 during the period covered by such report4 #aa4 ,intelligence community reports on security clearances ,section #ejf;,h of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cajd7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a77ii71 by adding and at the end2 7,b7 in subparagraph 7,b77ii71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,c72 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,intelligence community reports 7#a7 7,a7 ,not later than ,march #a of each year1 the ,director of ,national ,intelligence shall submit a report to the congressional intelligence committees1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year4 7,b7 ,the ,director shall submit to the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives such portions of the report submitted under subparagraph 7,a7 as the ,director determines address elements of the intelligence community that are within the ,department of ,defense4 7,c7 ,each report submitted under this paragraph shall separately identify security clearances processed for ,federal employees and contractor employees sponsored by each such element4 7#b7 ,each report submitted under paragraph 7#a77;,a7 shall include1 for each element of the intelligence community for the fiscal year covered by the report1 the following3 7,a7 ,the total number of initial security clearance background investigations sponsored for new applicants4 7,b7 ,the total number of security clearance periodic reinvestigations sponsored for existing employees4 7,c7 ,the total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant1 including-- 7i7 the total number of such adjudications that were adjudicated favorably and granted access to classified information2 and 7ii7 the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance4 7,d7 ,the total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee1 including-- 7i7 the total number of such adjudications that were adjudicated favorably2 and 7ii7 the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance4 7,e7 ,the total number of pending security clearance background investigations1 including initial applicant investigations and periodic reinvestigations1 that were not adjudicated as of the last day of such year and that remained pending1 categorized as follows3 7i7 ,for #ahj days or shorter4 7ii7 ,for longer than #ahj days1 but shorter than #ab months4 7iii7 ,for #ab months or longer1 but shorter than #ah months4 7iv7 ,for #ah months or longer1 but shorter than #bd months4 7v7 ,for #bd months or longer4 7,f7 ,for any security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than #ab months to complete-- 7i7 an explanation of the causes for the delays incurred during the period covered by the report2 and 7ii7 the number of such delays involving a polygraph requirement4 7,g7 ,the percentage of security clearance investigations1 including initial and periodic reinvestigations1 that resulted in a denial or revocation of a security clearance4 7,h7 ,the percentage of security clearance investigations that resulted in incomplete information4 7,i7 ,the percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information4 7#c7 ,the report required under this subsection shall be submitted in unclassified form1 but may include a classified annex4 2 and 7#d7 in subsection 7c71 as redesignated1 by striking subsection 7a77#a7 and inserting subsections 7a77#a7 and 7b74 #ab4 ,periodic report on positions in the intelligence community that can be conducted without access to classified information1 networks1 or facilities ,not later than #ahj days after the date of the enactment of this ,act and not less frequently than once every #e years thereafter1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information1 networks1 or facilities1 or may only require a security clearance at the secret level4 #ac4 ,information sharing program for positions of trust and security clearances 7a7 ,program required 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall establish and implement a program to share between and among agencies of the ,federal ,government and industry partners of the ,federal ,government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust1 in order to ensure the ,federal ,government maintains a trusted workforce4 7#b7 ,designation ,the program established under paragraph 7#a7 shall be known as the ,trusted ,information ,provider ,program 7in this section referred to as the ,program74 7b7 ,privacy safeguards ,the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall ensure that the ,program includes such safeguards for privacy as the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent consider appropriate4 7c7 ,provision of information to the ,federal ,government ,the ,program shall include requirements that enable investigative service providers and agencies of the ,federal ,government to leverage certain pre-employment information gathered during the employment or military recruiting process1 and other relevant security or human resources information obtained during employment with or for the ,federal ,government1 that satisfy ,federal investigative standards1 while safeguarding personnel privacy4 7d7 ,information and records ,the information and records considered under the ,program shall include the following3 7#a7 ,date and place of birth4 7#b7 ,citizenship or immigration and naturalization information4 7#c7 ,education records4 7#d7 ,employment records4 7#e7 ,employment or social references4 7#f7 ,military service records4 7#g7 ,state and local law enforcement checks4 7#h7 ,criminal history checks4 7#i7 ,financial records or information4 7#aj7 ,foreign travel1 relatives1 or associations4 7#aa7 ,social media checks4 7#ab7 ,such other information or records as may be relevant to obtaining or maintaining national security1 suitability1 fitness1 or credentialing eligibility4 7e7 ,implementation plan 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the ,program4 7#b7 ,elements ,the plan required by paragraph 7#a7 shall include the following3 7,a7 ,mechanisms that address privacy1 national security1 suitability or fitness1 credentialing1 and human resources or military recruitment processes4 7,b7 ,such recommendations for legislative or administrative action as the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent consider appropriate to carry out or improve the ,program4 7f7 ,plan for pilot program on two-,way information sharing 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the ,program to include the sharing of information held by the ,federal ,government related to contract personnel with the security office of the employer of those contractor personnel4 7#b7 ,elements ,the plan required by paragraph 7#a7 shall include the following3 7,a7 ,mechanisms that address privacy1 national security1 suitability or fitness1 credentialing1 and human resources or military recruitment processes4 7,b7 ,such recommendations for legislative or administrative action as the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent consider appropriate to carry out or improve the pilot program4 7g7 ,review ,not later than #a year after the date of the enactment of this ,act1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections 7e77#a7 and 7f77#a7 and utility and effectiveness of the programs described in such plans4 #ad4 ,report on protections for confidentiality of whistleblower-related communications ,not later than #ahj days after the date of the enactment of this ,act1 the ,security ,executive ,agent shall1 in coordination with the ,inspector ,general of the ,intelligence ,community1 submit to the appropriate congressional committees a report detailing the controls employed by the intelligence community to ensure that continuous vetting programs1 including those involving user activity monitoring1 protect the confidentiality of whistleblower-related communications4