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50 U.S.C. § 3352 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this title:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of Representatives;
(F) the Committee on Appropriations of the House of Representatives;
(G) the Committee on Homeland Security of the House of Representatives; and
(H) the Committee on Oversight and Reform of the House of Representatives.
(2) **Appropriate industry partner** — The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order No. 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive order.
(3) **Continuous vetting** — The term “continuous vetting” has the meaning given such term in Executive Order No. 13467 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to reforming processes for determining suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
(4) **Council** — The term “Council” means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.
(5) **Reciprocity** — The term “reciprocit
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Source file: Laws/federal/codes/united-states-code/title-50/section-3352-definitions--f78ab71a50.md
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Source location: Title 50, Chapter 45, § 3352; chapter-045-miscellaneous-intelligence-community-authorities.md
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In this title:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of Representatives;
(F) the Committee on Appropriations of the House of Representatives;
(G) the Committee on Homeland Security of the House of Representatives; and
(H) the Committee on Oversight and Reform of the House of Representatives.
(2) **Appropriate industry partner** — The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order No. 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive order.
(3) **Continuous vetting** — The term “continuous vetting” has the meaning given such term in Executive Order No. 13467 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to reforming processes for determining suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
(4) **Council** — The term “Council” means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.
(5) **Reciprocity** — The term “reciprocity” means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
(6) **Security Executive Agent** — The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to [section 3162a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162a&num=0&edition=prelim).
(7) **Suitability and Credentialing Executive Agent** — The term “Suitability and Credentialing Executive Agent” means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order No. 13467 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption of certain operational files from search, review, publication, or disclosure**
(1) The Director of the National Reconnaissance Office, with the coordination of the Director of National Intelligence, may exempt operational files of the National Reconnaissance Office from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) which require publication, disclosure, search, or review in connection therewith.
(2)
(A) Subject to subparagraph (B), for the purposes of this section, the term “operational files” means files of the National Reconnaissance Office (hereafter in this section referred to as “NRO”) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(B) Files which are the sole repository of disseminated intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning—
(A) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5;
(B) any special activity the existence of which is not exempt from disclosure under the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim); or
(C) the specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
(i) The Permanent Select Committee on Intelligence of the House of Repres
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3162a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that—
(1) ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety;
(2) the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability;
(3) the current system for background investigations for security clearances, suitability and fitness for employment, and credentialing lacks efficiencies and capabilities to meet the current threat environment, recruit and retain a trusted workforce, and capitalize on modern technologies; and
(4) changes to policies or processes to improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government.
**(b) Accountability plans and reports**
(1) **Plans** — Not later than 90 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following:
(A) A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources.
(B) A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner in the Defense Counterintelligence and Security Agency. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, tra
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3352a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reviews** Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:
(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.
(3) Recommendations to improve the background investigation process by—
(A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to support or replace field investigation work;
(C) using secure and reliable digitization of information obtained during the clearance process;
(D) building the capacity of the background investigation workforce; and
(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
**(b) Policy, strategy, and implementation** Not later than 180 days after December 20, 2019, the Security Executive Agent sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3352b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under [section 3352b(b)(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3352b/b/3/C&num=0&edition=prelim), regarding—
(1) security clearances—
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer; and
(2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
**(b) Certain reinvestigations** The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance.
**(c) Equivalent metrics**
(1) **In general** — If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (a) and (b), the Council may use those metrics for purposes of compliance within this provision.
(2) **Notice** — If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority.
**(d) Plan** Not later than 180 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3352c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports to Security Executive Agent** The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that, with respect to the period covered by the report—
(1) identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such department or agency; and
(2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays.
**(b) Annual report** Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3352d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program required**
(1) **In general** — Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
(2) **Designation** — The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
**(b) Privacy safeguards** The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
**(c) Provision of information to the Federal Government** The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered through private-sector means during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
**(d) Information and records** The information and records considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization information.
(3) Education records.
(4) Employment records.
(5)
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3352f
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Federal law — U.S. Code and appendices · legal_authorities
Page 705
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3161
provisions of section 552 of title 5 (commonly
referred to as the Freedom of Information
Act), and such order shall be the exclusive
remedy for failure to comply with this section.
(F) If at any time following the filing of a
complaint pursuant to this paragraph the Of-
fice agrees to search each appropriate exempt-
ed file for the requested records, the court
shall dismiss the claim based upon such com-
plaint.
(g) Definitions
In this section:
(1) The term ‘‘exempted operational file’’
means a file of an element of the intelligence
community that, in accordance with this sub-
chapter, is exempted from the provisions of
section 552 of title 5 that require search, re-
view, publication, or disclosure of such file.
(2) Except as otherwise specifically provided,
the term ‘‘Office’’ means the Office of the Di-
rector of National Intelligence.
(July 26, 1947, ch. 343, title VII, § 706, as added
Pub. L. 111–259, title IV, § 408(a), Oct. 7, 2010, 124
Stat. 2722.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (f)(2)(D), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
CODIFICATION
Section was formerly classified to section 432d of this
title prior to editorial reclassification and renumbering
as this section.
SUBCHAPTER VI—ACCESS TO CLASSIFIED
INFORMATION
§ 3161. Procedures
(a) Not later than 180 days after October 14,
1994, the President shall, by Executive order or
regulation, establish procedures to govern ac-
cess to classified information which shall be
binding upon all departments, agencies, and of-
fices of the executive branch of Government.
Such procedures shall, at a minimum—
(1) provide that, except as may be pe
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
Page 829
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3352a
tional Intelligence, the classification decision
shall be made by the Principal Deputy Direc-
tor of National Intelligence.
(c) Reports
Whenever the Director or the Principal Dep-
uty Director makes a decision under subsection
(b), the Director or the Principal Deputy Direc-
tor, as the case may be, shall submit to the con-
gressional intelligence committees a report de-
tailing the reasons for the decision.
(Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20,
2019, 133 Stat. 2190.)
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definitions of ‘‘intelligence community’’ and
‘‘congressional intelligence committees’’ as used in
this section, see section 5003 of div. E of Pub. L. 116–92,
set out as a note under section 3003 of this title.
§ 3352. Definitions
In this title:
(1) Appropriate congressional committees
The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the congressional intelligence commit-
tees;
(B) the Committee on Armed Services of
the Senate;
(C) the Committee on Appropriations of
the Senate;
(D) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(E) the Committee on Armed Services of
the House of Representatives;
(F) the Committee on Appropriations of
the House of Representatives;
(G) the Committee on Homeland Security
of the House of Representatives; and
(H) the Committee on Oversight and Re-
form of the House of Representatives.
(2) Appropriate industry partner
The term ‘‘appropriate industry partner’’
means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order
No. 12829 (50 U.S.C. 3161 note; relating to Na-
tional Industrial Security Program)) that is
participating in the National Industrial S
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3352
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