Sec. 938. Background and security investigations for Department of Defense personnel

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The Secretary of Defense has the authority to conduct security, suitability, and credentialing background investigations. In carrying out such authority, the Secretary may use such authority, or may delegate such authority to another entity. As part of providing for the conduct of background investigations initiated by the Department of Defense through the Defense Security Service by not later than the deadline specified in subsection (b), the Secretary shall, in consultation with the Director of the Office of Personnel Management, provide for a phased transition from the conduct of such investigations by the National Background Investigations Bureau

(NBIB)of the Office of Personnel Management to the conduct of such investigations by the Defense Security Service by that deadline. The phased transition required by paragraph

(1)shall— provide for the transition of the conduct of investigations to the Defense Security Service using a risk management approach; and be consistent with the transition from legacy information technology operated by the Office of Personnel Management to the new information technology, including the National Background Investigations System, as described in subsection (f). Not later than October 1, 2020, the Secretary of Defense shall commence carrying out the implementation plan developed pursuant to section 951(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2371). For purposes of meeting the requirements in subsections

(a)and (b), the Secretary of Defense shall transfer the functions, personnel, and associated resources of the organizations specified in paragraph

(2)to the Defense Security Service. The organizations specified in this paragraph are the following: The Consolidated Adjudications Facility. The Personnel Security Assurance Division of the Defense Manpower Data Center. Other organizations identified by the Secretary for purposes of this subsection. In addition to the organizations identified pursuant to (2), the following organizations shall prioritize resources to directly support the execution of requirements in subsections

(a)and (b): The Office of Cost Analysis and Program Evaluation. The Defense Digital Services. Other organizations designated by the Secretary for purposes of this paragraph. The Secretary— may carry out the transfer required by paragraph

(1)at any time before the date specified in subsection

(b)that the Secretary considers appropriate for purposes of this section; and shall carry out the transfer in a manner designed to minimize disruptions to the conduct of background investigations for personnel of the Department of Defense. For purposes of meeting the requirements in subsections

(a)and (b), the Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, provide for the transfer of the functions described in paragraph (2), and any associated personnel and resources, to the Department of Defense. The functions described in this paragraph are the following: Any personnel security investigations functions transferred by the Secretary to the Director pursuant to section 906 of the National Defense Authorization Act for Fiscal Year 2004 ( 5 U.S.C. 1101 note). Any other functions of the Office of Personnel Management in connection with background investigations initiated by the Department of Defense that the Secretary and the Director jointly consider appropriate. Any functions transferred to the Department pursuant to this subsection shall be located within the Defense Security Service. For purposes of the conduct of background investigations following the commencement of the carrying out of the implementation plan referred to in subsection (b), the Secretary of Defense shall provide for the following: A single capability for the centralized funding, submissions, and processing of all background investigations, from within the Defense Security Service. The discharge by the Consolidated Adjudications Facility, from within the Defense Security Service pursuant to transfer under subsection (c), of adjudications in connection with the following: Background investigations. Continuous evaluation and vetting checks. The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, conduct a review of the information technology capabilities of the National Background Investigations System

(NBIS)in order to determine whether enhancements to such capabilities are required for the following: Support for background investigations pursuant to this section and section 951 of the National Defense Authorization Act for Fiscal Year 2017. Support of the National Background Investigations Bureau. Execution of the conduct of background investigations initiated by the Department of Defense pursuant to this section, including submissions and adjudications. In providing for the transition and operation of the System as described in paragraph (1)(C), the Secretary shall, in consultation with the Director, develop a common component of the System usable for background investigations by both the Defense Security Service and the National Background Investigations Bureau. If the review pursuant to paragraph

(1)determines that enhancements described in that paragraph are required, the Secretary shall, in consultation with the Director, carry out such enhancements. In carrying out background and security investigations pursuant to this section and section 951 of the National Defense Authorization Act for Fiscal Year 2017, the Secretary of Defense may use background materials collected on individuals by the private sector, in accordance with national policies and standards, that are applicable to such investigations, including materials as follows: Financial information, including credit scores and credit status. Criminal records. Drug screenings. Verifications of information on resumes and employment applications (such as previous employers, educational achievement, and educational institutions attended). Other publicly available electronic information. The Secretary of Defense shall review the requirements of the Department of Defense relating to position sensitivity designations for contractor personnel in order to determine whether such requirements may be reassessed or modified to reduce the number and range of contractor personnel who are issued security clearances in connection with work under contracts with the Department. The Secretary shall issue guidance to program managers, contracting officers, and security personnel of the Department specifying requirements for the review of contractor position sensitivity designations and the number of contractor personnel of the Department who are issued security clearances for the purposes of determining whether the number of such personnel who are issued security clearances should and can be reduced. The Secretary of Defense shall authorize the Director of the Defense Security Service to promptly increase personnel for the purpose of beginning the establishment and expansion of investigative capacity to support the phased transfer of investigative functions from the Office of Personnel Management to the Department of Defense under this section. The Director of Cost Analysis and Program Assessment shall advise the Secretary on the size of the initial investigative workforce and the rate of growth of that workforce. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Director of National Intelligence and the Director of the Office of Personnel Management, submit to Congress a report that includes the following: An assessment of the feasibility and advisability of periodic reinvestigations of backgrounds of Government and contractor personnel with security clearances. A plan to provide the Government with an enhanced risk management model which reduces the gaps in coverage perpetuated by the current time-based periodic reinvestigations model, particularly in light of the increasing use of continuous background evaluations of such personnel. A plan for expanding continuous background vetting capabilities such as the Installation Matching Engine for Security and Analysis to the broader population, including those at the lowest Tiers and levels of access, which plan shall include details to ensure that all individuals credentialed for physical access to Department of Defense facilities and installations are vetted to the same level of fitness determinations and subject to appropriate continuous vetting. A plan to fully integrate and incorporate insider threat data, tools, and capabilities into the new end-to-end vetting processes and supporting information technology established by the Defense Security Service to ensure a holistic and transformational approach to detecting, deterring, and mitigating threats posed by trusted insiders. Not later than the end of each calendar year quarter after the date of the enactment of this Act, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the Secretary in carrying out the requirements of this section during such calendar year quarter. Until the backlog of security clearance applications at the National Background Investigations Bureau is eliminated, each quarterly briefing shall also include the current status of the backlog and the resulting mission and resource impact to the Department of Defense and the defense industrial base. Not later than the end of each calendar year after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress referred to in paragraph

(2)a report on the following for the calendar year in which such report is to be submitted: The status of the Secretary in meeting the requirements in subsections (a), (b), and

(c)as of the end of such calendar year. The status as of the end of such calendar year of any transfers to be carried out pursuant to subsection (d). An assessment of the personnel security capabilities of the Department of Defense as of the end of such calendar year. No briefing or report is required pursuant to paragraph

(2)or

(3)after December 31, 2020.

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