Sec. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE PERSONNEL AND INNOVATION INITIATIVES
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## SEC. 951 ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE PERSONNEL AND INNOVATION INITIATIVES **[**[10 U.S.C. 1564 note](/us/usc/t10/s1564)**]** ###
(a)Enhancement of Security Programs Generally ####
(1)Personnel background and security plan required The Secretary of Defense shall develop an implementation plan for the Defense Security Service to conduct, after October 1, 2017, background investigations for personnel of the Department of Defense whose investigations are adjudicated by the Consolidated Adjudication Facility of the Department. The Secretary shall submit the implementation plan to the congressional defense committees by not later than August 1, 2017. ####
(2)Plan for potential transfer of investigative personnel to department of defense Not later than October 1, 2017, the Secretary and the Director of the Office of Personnel Management shall develop a plan to transfer Government investigative personnel and contracted resources to the Department in proportion to the background and security investigative workload that would be assumed by the Department if the plan required by paragraph
(1)were implemented. ####
(3)Report Not later than August 1, 2017, the Secretary shall submit to the congressional defense committees a report on the number of full-time equivalent employees of the management headquarters of the Department that would be required by the Defense Security Service to carry out the plan developed under paragraph (1). ####
(4)Collection, storage, and retention of information by insider threat programs In order to enable detection and mitigation of potential insider threats, the Secretary shall ensure that insider threat programs of the Department collect, store, and retain information from the following: #####
(A)Personnel security. #####
(B)Physical security. #####
(C)Information security. #####
(D)Law enforcement. #####
(E)Counterintelligence. #####
(F)User activity monitoring. #####
(G)Information assurance. #####
(H)Such other data sources as the Secretary considers necessary and appropriate. ###
(b)Elements of System ####
(1)In general In developing a system for the performance of background investigations for personnel in carrying out subsection (a), the Secretary shall— #####
(A)conduct a review of security clearance business processes and, to the extent practicable, modify such processes to maximize compatibility with the security clearance information technology architecture to minimize the need for customization of the system; #####
(B)conduct business process mapping of the business processes described in subparagraph (A); #####
(C)use spiral development and incremental acquisition practices to rapidly deploy the system, including through the use of prototyping and open architecture principles; #####
(D)establish a process to identify and limit interfaces with legacy systems and to limit customization of any commercial information technology tools used; #####
(E)establish automated processes for measuring the performance goals of the system; #####
(F)incorporate capabilities for the continuous monitoring of network security and the mitigation of insider threats to the system; #####
(G)institute a program to collect and maintain data and metrics on the background investigation process; and #####
(H)establish a council (to be known as the “Department of Defense Background Investigations Rate Council”) to advise and advocate for rate efficiencies for background clearance investigation rates, and to negotiate rates for background investigation services provided to outsides entities and agencies when requested. ####
(2)Completion date The Secretary shall complete the development and implementation of the system described in paragraph
(1)by not later than September 30, 2019. ###
(c)Establishment of Enhanced Security Program to Support Department of Defense Innovation Initiative ####
(1)In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a personnel security program, and take such other actions as the Secretary considers appropriate, to support the Innovation Initiative of the Department to better leverage commercial technology. ####
(2)Policies and procedures In establishing the program required by paragraph (1), the Secretary shall develop policies and procedures to rapidly and inexpensively investigate and adjudicate security clearances for personnel from commercial companies with innovative technologies and solutions to enable such companies to receive relevant threat reporting and to propose solutions for a broader set of Department requirements. ####
(3)Access to classified information The Secretary shall ensure that access to classified information under the program required by paragraph
(1)is not contingent on a company already being under contract with the Department. ####
(4)Award of security clearances The Secretary may award secret clearances under the program required by paragraph
(1)for limited purposes and periods relating to the acquisition or modification of capabilities and services. ###
(d)Updated Guidance and Review of Policies ####
(1)Review of applicable laws The Secretary shall review laws, regulations, and executive orders relating to the maintenance of personnel security clearance information by the Federal Government, including the investigation timeline metrics established in the Intelligence Reform and Prevention of Terrorism Act of 2004 (Public Law 108-458). The review should also identify recommendations to eliminate duplicative or outdated authorities in current executive orders, regulations and guidance. Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes— #####
(A)the results of the review; and #####
(B)recommendations, if any, for consolidating and clarifying laws, regulations, and executive orders relating to the maintenance of personnel security clearance information by the Federal Government. ####
(2)Reciprocity directive Not later than 180 days after the date of the enactment of this Act, the Secretary shall coordinate with the Security Executive Agent, in consultation with the Suitability Executive Agent, to issue an updated reciprocity directive that accounts for security policy changes associated with new position designation regulations under section 1400 of title 5, Code of Federal Regulations, new continuous evaluation policies, and new Federal investigative standards. ####
(3)Implementation directives The Secretary, working with the Security Executive Agent and the Suitability Executive Agent, shall jointly develop and issue directives on— #####
(A)completing the implementation of the National Security Sensitive Position designations required by section 1400 of title 5, Code of Federal Regulations; and #####
(B)aligning to the maximum practical extent the investigative and adjudicative standards and criteria for positions requiring access to classified information and national security sensitive positions not requiring access to classified information to ensure effective and efficient reciprocity and consistent designation of like-positions across the Federal Government. ###
(e)Waiver of Certain Deadlines For each of fiscal years 2017 through 2019, the Secretary may waive any background investigation timeline specified in the Intelligence Reform and Prevention of Terrorism Act of 2004 if the Secretary submits to the appropriate committees of Congress a written notification on the waiver not later than 30 days before the beginning of the fiscal year concerned. ###
(f)Definitions In this section: ####
(1)The term “appropriate committees of Congress” has the meaning given that term in section 3001(a)(8) of the Intelligence Reform and Prevention of Terrorism Act of 2004 (50 U.S.C. 3341(a)(8)). ####
(2)The term “business process mapping” has the meaning given that term in section 2222(i) of title 10, United States Code. ####
(3)The term “insider threat” means, with respect to the Department, a threat presented by a person who— #####
(A)has, or once had, authorized access to information, a facility, a network, a person, or a resource of the Department; and #####
(B)wittingly, or unwittingly, commits— ######
(i)an act in contravention of law or policy that resulted in, or might result in, harm through the loss or degradation of government or company information, resources, or capabilities; or ######
(ii)a destructive act, which may include physical harm to another in the workplace.
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- Pub. L. 108-458
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Sec. 951
ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE PERSONNEL AND INNOVATION INITIATIVES
Pub. L.Pub. L. 108-458
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