JON TESTER ee as United States Senate - January 28, 2016 ‘The Honorable Barack Obama President of the United States 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 Dear President Obama: I write regarding the recently completed review of the federal security clearance process carried out by the Suitability and Security Clearance Performance Accountability Council (PAC). The current process is inadequate and I remain committed to working with your administration to bring about much-needed reforms. ‘The costly failures to properly vet Edward Snowden and Navy Yard Shooter Aaron Alexis endangered our security interests and led to tragic and deadly results. Further, the massive cyber breach at the OPM compromised the personal information of more than 20 million individuals and will have an impact on our national security personnel for years to come. As you take additional actions to respond to these incidents, it is my hope that your administration's reforms are well-suited to both carry out initial investigations and reinvestigations of cleared personnel and secure the sensitive information of eligible employees. As part of the proposed reforms, the PAC is creating a new entity, the National Background Investigations Bureau (NBIB), to conduct and coordinate background investigations on behalf of the federal government. I believe that the NBIB must prioritize our national security above all else. With that mission in mind, I have long sought to make the quality of investigations the primary driver behind any planned reform efforts, It is encouraging that the funetions and processes of the NBIB will be stood up by the Department of Defense and that policy direction and guidance at NBIB from the Office of the Director of National Intelligence, the Department of Homeland Security and the Federal Bureau of Investigation. By leveraging the national security mission of NBIB with the intelligence, defense, and law enforcement capacities at these agencies, itis my hope that we see robust policies in place to ensure that every candidate eligible to receive a security clearance meets our government's strictest standards, NBIB also must be a leader in creating and maintaining a technological edge over our adversaries. In the wake of the OPM cyber breaches last year, I wrote to the OPM Inspector General, expressing my concern about potential vulnerabilities in the IT infrastructure at OPM’s Federal Investigative Services (OPM-FIS). To prevent future breaches, we must ensure that the new policies and procedures under NBIB remain focused not only on our national security, but also on safe use and management of critical personal data. While NBIB is being established, we must take all precautions to ensure that personnel data remains secure and that the transfer of function does not interrupt investigations already underway. We must also ensure that NIB. Bozenan eure Gusnorve rear Fass Hevea Kausre (406) 566-4450 06) 723-3277 (406) 265-2291 146) 452-9685 406) 489" 5401 (08) 257-3360 1408} 252-0550 (406) 725-2008‘The Honorable Barack Obama January 28, 2016 Page 2 makes smart, targeted investments in its IT infrastructure, and I expect that your budget request will reflect this national security priority, The PAC’s establishment of an interagency cybersecurity advisory group is a good start, but NBIB must also remain flexible in its al respond to eyber threats by attracting the best staff and making the right investments. y to Finally, it is critical that the PAC stay actively engaged with Congress regarding its planned timelines and infrastructure investments. The transfer of investigative functions from the OPM-FIS to NBIB will require significant changes to existing government structures and a reformation of investigation practices and policies. Further, in order to prevent another case of contractors failing to do the work they have been selected to provide, it is imperative that NBIB oversee the proper management and size of the contract background investigation workforce. Its employees must be thoroughly trained and its management practices must be top-notch. I urge you to reflect the importance of this part of the federal workforce in your forthcoming budget proposal. Itis critically important that we strengthen our security clearance process. I appreciate your proposed reforms thus far, and I look forward to working with you further on this issue of critical importance to our national security. Te Jon Tester United States Senator