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50 U.S.C. § 3352h — Timeliness standard for rendering determinations of trust for personnel vetting

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3352h — Timeliness standard for rendering determinations of trust for personnel vetting

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Source file: Laws/federal/codes/united-states-code/title-50/section-3352h-timeliness-standard-for-rendering-determinations-of-trust-for-personnel--1bd4cc3035.md
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Source location: Title 50, Chapter 45, § 3352h; chapter-045-miscellaneous-intelligence-community-authorities.md

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**(a) Timeliness standard** (1) **In general** — The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) **Quinquennial reviews** — Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) **Omitted** **(b) Quarterly reports on implementation** (1) **In general** — Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) with the standards established pursuant to subsection (a). (2) **Disaggregation** — Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel. **(c) Complementary standards for intelligence community** The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 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) establish for the intelligence community standards complementary to those established pursuant to subsection (a). **(d) Data with respect to timeliness of polygraph examinations** (1) **In general** — With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable anonymized raw data with respect to the timeliness of polygraph examinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data. (2) **Form and classification justification** — The data provided to the congressional intelligence committees under paragraph (1) may be modified to remove any personally identifying information, shall be submitted in unclassified form to the greatest extent possible, and shall contain a justification for the classification of any such data provided.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3161 — Operational files of the Central Intelligence Agency

**(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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3341 — Security clearances

**(a) Definitions** In this section: (1) The term “agency” means— (A) an executive agency (as that term is defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)); (B) a military department (as that term is defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)); or (C) an element of the intelligence community. (2) The term “authorized investigative agency” means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. (3) The term “authorized adjudicative agency” means an agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968. (4) The term “highly sensitive program” means— (A) a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or (B) a government program that applies restrictions required for— (i) restricted data (as that term is defined in [section 2014(y) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/y&num=0&edition=prelim)); or (ii) other information commonly referred to as “sensitive compartmented information”. (5) The term “current investigation file” means, with respect to a security clearance, a file on an investigat

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3161 — Procedures

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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3352h — Timeliness standard for rendering deter-

Page 836 TITLE 50—WAR AND NATIONAL DEFENSE § 3352h or granted pursuant to the program estab- lished under subsection (c) in excess of the limitations under subsection (d) applicable to such entity. (2) Prohibition on bearing costs No head of an element of the intelligence community may bear any cost associated with granting or maintaining a security clearance the application for which is submitted pursu- ant to subsection (c)(1). (f) Rule of construction Nothing in this section may be construed as requiring the head of an element of the intel- ligence community to grant any covered person access to classified information if a favorable determination of eligibility to access such clas- sified information is not made with respect to such person. (Pub. L. 118–31, div. G, title V, § 7505, Dec. 22, 2023, 137 Stat. 1084.) Editorial Notes REFERENCES IN TEXT Executive Order 12968, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, which is set out as a note under section 3161 of this title. Executive Order 10865, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, which is set out as a note under section 3161 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title. § 3352h. Timeliness standard for rendering deter- minations of trust for personnel vetting (a) Timeliness standard (1) In general The President shall, acting through the Se- curity Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the Pre

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