S.Amdt. 2036Senate114th Congress (2015-2017)2nd degree
S.Amdt. 2036
Sponsored by
Sen. Jon Tester (D-MT)
Submitted June 15, 2015
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Senate amendment submitted
June 15, 2015
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Senate amendment submitted
June 15, 2015
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Senate amendment submitted
June 15, 2015
Text
Submitted
SA 2036. Mr. TESTER (for himself and Mr. Kaine) submitted an amendment intended to be proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1085. REFORM AND IMPROVEMENT OF PERSONNEL SECURITY, INSIDER THREAT DETECTION AND PREVENTION, AND PHYSICAL SECURITY. (a) Personnel Security and Insider Threat Protection in Department of Defense.-- (1) Plans and schedules.--Consistent with the Memorandum of the Secretary of Defense [[Page S4165]] dated March 18, 2014, regarding the recommendations of the reviews of the Washington Navy Yard shooting, the Secretary of Defense shall develop plans and schedules-- (A) to implement a continuous evaluation capability for the national security population for which clearance adjudications are conducted by the Department of Defense Central Adjudication Facility, in coordination with the Suitability Executive Agent, the Security Executive Agent, and the Director of the Office of Management and Budget; (B) to produce a Department-wide insider threat strategy and implementation plan, which includes-- (i) resourcing for the Defense Insider Threat Management and Analysis Center (DITMAC) and component insider threat programs, and (ii) alignment of insider threat protection programs with continuous evaluation capabilities and processes for personnel security; (C) to centralize the authority, accountability, and programmatic integration responsibilities, including fiscal control, for personnel security and insider threat protection under the Under Secretary of Defense for Intelligence; (D) to align the Department's consolidated Central Adjudication Facility under the Under Secretary of Defense for Intelligence; (E) to develop a defense security enterprise reform investment strategy to ensure a consistent, long-term focus on funding to strengthen all of the Department's security and insider threat programs, policies, functions, and information technology capabilities, including detecting threat behaviors conveyed in the cyber domain, in a manner that keeps pace with evolving threats and risks; (F) to resource and expedite deployment of the Identity Management Enterprise Services Architecture (IMESA); and (G) to implement the recommendations contained in the study conducted by the Director of Cost Analysis and Program Evaluation required by section 907 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1564 note), including, specifically, the recommendations to centrally manage and regulate Department of Defense requests for personnel security background investigations. (2) Reporting requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report describing the plans and schedules required under paragraph (1). (b) Physical and Logical Access.--Not later than 270 days after the date of the enactment of this Act-- (1) the Secretary of Defense shall define physical and logical access standards, capabilities, and processes applicable to all personnel with access to Department of Defense installations and information technology systems, including-- (A) periodic or regularized background or records checks appropriate to the type of physical or logical access involved, the security level, the category of individuals authorized, and the level of access to be granted; (B) standards and methods for verifying the identity of individuals seeking access; and (C) electronic attribute-based access controls that are appropriate for the type of access and facility or information technology system involved; (2) the Director of the Office of Management and Budget and the Chair of the Performance Accountability Council, in coordination with the Secretary of Defense and the Administrator of General Services, and in consultation with representatives from stakeholder organizations, shall design a capability to share and apply electronic identity information across the Government to enable real-time, risk- managed physical and logical access decisions; and (3) the Director of the Office of Management and Budget, in conjunction with the Director of the Office of Personnel Management and in consultation with representatives from stakeholder organizations, shall establish investigative and adjudicative standards for the periodic or regularized reevaluation of the eligibility of an individual to retain credentials issued pursuant to Homeland Security Presidential Directive 12 (dated August 27, 2004), as appropriate, but not less frequently than the authorization period of the issued credentials. (c) Security Enterprise Management.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) formalize the Security, Suitability, and Credentialing Line of Business; (2) submit a report to the appropriate congressional committee that describes plans-- (A) for oversight by the Office of Management and Budget of activities of the executive branch of the Government for personnel security, suitability, and credentialing; (B) to designate enterprise shared services to optimize investments; (C) to define and implement data standards to support common electronic access to critical Government records; and (D) to reduce the burden placed on Government data providers by centralizing requests for records access and ensuring proper sharing of the data with appropriate investigative and adjudicative elements. (d) Reciprocity Management.--Not later than 2 years after the date of enactment of this Act, the Chair of the Performance Accountability Council shall ensure that-- (1) a centralized system is available to serve as the reciprocity management system for the Federal Government; and (2) the centralized system described in paragraph (1) is aligned with, and incorporates results from, continuous evaluation and other enterprise reform initiatives. (e) Reporting Requirements Implementation.--Not later than 180 days after the date of enactment of this Act, the Chair of the Performance Accountability Council, in coordination with the Security Executive Agent, the Suitability Executive Agent, and the Secretary of Defense, shall jointly develop a plan to-- (1) implement the Security Executive Agent Directive on common, standardized employee and contractor security reporting requirements; (2) establish and implement uniform reporting requirements for employees and Federal contractors, according to risk, relative to the safety of the workforce and protection of the most sensitive information of the Government; and (3) ensure that reported information is shared appropriately. (f) Definitions.--In this section-- (1) the term ``appropriate committees of Congress'' means-- (A) the congressional defense committees; (B) the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Permanent Select Committee on Intelligence, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives; (2) the term ``Performance Accountability Council'' means the Suitability and Security Clearance Performance Accountability Council established under Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto; and (3) the terms ``Security Executive Agent'' and ``Suitability Executive Agent'' mean the Security Executive Agent and the Suitability Executive Agent, respectively, established under Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto. ______