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50 U.S.C. § 3352c — Goals for promptness of determinations regarding security clearances

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

50 U.S.C. § 3352c — Goals for promptness of determinations regarding security clearances

**(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

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Source location: Title 50, Chapter 45, § 3352c; chapter-045-miscellaneous-intelligence-community-authorities.md

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**(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 interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021.

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

50 U.S.C. § 3352 — Definitions

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

50 U.S.C. § 3352c — Goals for promptness of determinations

Page 831 TITLE 50—WAR AND NATIONAL DEFENSE § 3352c (b) Policy, strategy, and implementation Not later than 180 days after December 20, 2019, the Security Executive Agent shall, in co- ordination with the members of the Council, es- tablish the following: (1) A policy and implementation plan for the issuance of interim security clearances. (2) A policy and implementation plan to en- sure contractors are treated consistently in the security clearance process across agencies and departments of the United States as com- pared to employees of such agencies and de- partments. Such policy shall address— (A) prioritization of processing security clearances based on the mission the contrac- tors will be performing; (B) standardization in the forms that agen- cies issue to initiate the process for a secu- rity clearance; (C) digitization of background investiga- tion-related forms; (D) use of the polygraph; (E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the ‘‘National Secu- rity Adjudicative Guidelines’’); (F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of peri- odic reinvestigation; (G) tracking of clearance files as individ- uals move from employment with an agency or department of the United States to em- ployment in the private sector; (H) collection of timelines for movement of contractors across agencies and depart- ments; (I) reporting on security incidents and job performance, consistent with section 552a of title 5 (commonly known as the ‘‘Privacy Act of 1974’’), that may affect the ability to hold a security clearance; (J) any recommended changes to the Fed- eral Acquisition Regulations (FAR) nec- essary to ensure that

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