Sec. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION IN PERSONNEL VETTING DETERMINATIONS
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## SEC. 6816 REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION IN PERSONNEL VETTING DETERMINATIONS ###
(a)Definitions of Continuous Vetting, Council, and Security Executive Agent In this section, the terms “continuous vetting”, “Council”, and “Security Executive Agent” have the meanings given those terms in section 6601 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352). ###
(b)Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with other heads of the elements of the intelligence community that the Director determines appropriate, and in consultation with the other principal members of the Council, shall submit to Congress a report regarding the current and planned use of publicly available social media information in the personnel vetting and security clearance processes. ###
(c)Elements The report under subsection
(b)shall include the following: ####
(1)A description of how departments and agencies of the United States Government have implemented Security Executive Agent Directive 5 titled “Collection, Use, and Retention of Publicly Available Social Media Information in Personnel Security Background Investigations and Adjudications”, and relevant agency implementing guidance, including Department of Defense Instruction 1325.06 titled “Handling Protest, Extremist, and Criminal Gang Activities among Members of the Armed Forces”. ####
(2)A description of how the use of publicly available social media in personnel vetting determinations and security clearance investigations and adjudications is, or will be, captured in the National Background Investigation Services system and other information technology systems used in the personnel vetting process. ####
(3)A description of how publicly available social media information is used, and will be used, in continuous vetting and security clearances processes and insider threat programs. ####
(4)A description of any privacy or civil liberties concerns with the use of publicly available social media information in personnel vetting or security clearance determinations, including a discussion of the risks, benefits, and drawbacks of allowing for the voluntary provision of, or voluntary access to, nonpublicly available social media information in the regular course of personnel vetting and security clearance processes. ####
(5)A discussion of the extent to which officials and entities of the United States Government responsible for privacy and civil liberties matters, including the Chief of the Office of Civil Liberties, Privacy, and Transparency of the Office of the Director of National Intelligence and the civil liberties officers of departments and agencies of the United States Government, are involved in the development and operation of programs to use social media information in personnel vetting and security clearance processes. ####
(6)A discussion of any impediments, constraints, risks, or drawbacks relating to the use of publicly available social media information in personnel vetting and security clearance processes, including— #####
(A)challenges associated with implementation of Security Executive Agent Directive 5, Department of Defense Instruction 1325.06, and other relevant guidance; #####
(B)the resources required, including with respect to personnel, funding, and information systems, to gather, assess, and make use of such information; and #####
(C)an analysis of the costs and benefits of the use of publicly available social media information. ####
(7)An implementation plan for the future use of publicly available social media information, based on relevant findings under paragraphs
(1)through (6).
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Sec. 6816
REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION IN PERSONNEL VETTING DETERMINATIONS
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