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50 U.S.C. § 3352f — Information-sharing program for positions of trust and security clearances

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

50 U.S.C. § 3352f — Information-sharing program for positions of trust and security clearances

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Stable record: federal_law:legal_authorities:record_usc_c33c4d1bfea4de3642f260a5
Source file: Laws/federal/codes/united-states-code/title-50/section-3352f-information-sharing-program-for-positions-of-trust-and-security-clearanc--305f44e30e.md
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Source location: Title 50, Chapter 45, § 3352f; chapter-045-miscellaneous-intelligence-community-authorities.md

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**(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) Employment or social references. (6) Military service records. (7) State and local law enforcement checks. (8) Criminal history checks. (9) Financial records or information. (10) Foreign travel, relatives, or associations. (11) Social media checks. (12) Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility. **(e) Implementation plan** (1) **In general** — Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program. (2) **Elements** — The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program. **(f) Plan for pilot program on two-way information sharing** (1) **In general** — Not later than 180 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel. (2) **Elements** — The plan required by paragraph (1) shall include the following: (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes. (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program. **(g) Review** Not later than 1 year after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.

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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. § 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. § 3172 — Procedures

**(a)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum— (1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States; (2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities; (3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter; (4) provide that all employees in the executive branch of Government who require

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

50 U.S.C. § 3352f — Information-sharing program for posi-

Page 832 TITLE 50—WAR AND NATIONAL DEFENSE § 3352d (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 sub- stantially equivalent outcomes as those out- lined in subsections (a) and (b), the Council may use those metrics for purposes of compli- ance 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 rec- ommended interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021. (Pub. L. 116–92, div. E, title LXVI, § 6604, Dec. 20, 2019, 133 Stat. 2213; Pub. L. 117–263, div. F, title LXVIII, § 6824(b)(3), Dec. 23, 2022, 136 Stat. 3615.) Editorial Notes AMENDMENTS 2022—Subsecs. (c)(1), (d). Pub. L. 117–263 substituted ‘‘subsections (a) and (b)’’ for ‘‘subsections (b) and (c)’’. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Council’’, ‘‘reciprocity’’, ‘‘appro- priate congressional committees’’, and ‘‘appropriate in- dustry partners’’, referred to in text, see section 3352 of this title. § 3352d. Reports on reciprocity for security clear- ances inside of departments and agencies (a) Reports to Security Executive Agent The head of each Federal department or age

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