50 U.S.C. § 3351a — Making certain policies and execution

Page 828 TITLE 50—WAR AND NATIONAL DEFENSE § 3351a access to classified information, eligibility to hold a sensitive position, and for suitability and fitness for other matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to re- forming processes related to suitability for Gov- ernment employment, fitness for contractor em- ployees, and eligibility for access to classified national security information), shall, in con- sultation with the Security, Suitability, and Credentialing Performance Accountability Council established under such executive order, submit to Congress a report on— (1) metrics for assessing the completeness and quality of packages for background inves- tigations submitted by agencies requesting background investigations from the Defense Counterintelligence and Security Agency; (2) rejection rates of background investiga- tion submission packages due to incomplete or erroneous data, by agency; and (3) best practices for ensuring full and com- plete information in background investigation requests. (b) Annual report on performance Not later than 270 days after December 20, 2019, and not less frequently than once each year thereafter, the Security, Suitability, and Credentialing Performance Accountability Council shall submit to Congress a report on performance against the metrics and return rates identified in paragraphs (1) and (2) of sub- section (a). (c) Improvement plans (1) Identification Not later than one year after December 20, 2019, executive agents under Executive Order 13467 (50 U.S.C. 3161 note) shall identify agen- cies in need of improvement with respect to the quality of the information in the back- ground investigation submissions of the agen- cies as reported in subsection (b). (2) Plans Not later than 90 days after an agency is identified under paragraph (1), the head of the agency shall provide the executive agents re- ferred to in such paragraph with a plan to im- prove the performance of the agency with re- spect to the quality of the information in the agency’s background investigation submis- sions. (Pub. L. 116–92, div. A, title XVII, § 1757, Dec. 20, 2019, 133 Stat. 1860.) Editorial Notes REFERENCES IN TEXT Executive Order 13467, referred to in subsecs. (a) and (c)(1), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of this title. § 3351a. Making certain policies and execution plans relating to personnel clearances avail- able to industry partners (a) Definitions In this section: (1) Security executive agent The term ‘‘Security Executive Agent’’ means the officer serving as the Security Ex- ecutive Agent pursuant to section 3162a of this title. (2) Appropriate industry partner The term ‘‘appropriate industry partner’’ means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program), as in effect on the day before December 20, 2019) that is par- ticipating in the National Industrial Security Program established by such Executive Order. (b) Sharing of policies and plans required Each head of a Federal agency shall share policies and plans relating to security clear- ances with appropriate industry partners di- rectly affected by such policies and plans in a manner consistent with the protection of na- tional security as well as the goals and objec- tives of the National Industrial Security Pro- gram administered pursuant to Executive Order 12829 (50 U.S.C. 3161 note; relating to the Na- tional Industrial Security Program). (c) Development of policies and procedures re- quired Not later than 90 days after December 20, 2019, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners. (Pub. L. 116–92, div. E, title LIV, § 5402, Dec. 20, 2019, 133 Stat. 2143.) Editorial Notes REFERENCES IN TEXT Executive Order 12829, referred to in subsecs. (a)(2) and (b), is Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, which is set out as a note under section 3161 of this title. § 3351b. Limitations on determinations regarding certain security classifications (a) Prohibition An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a clas- sification decision with respect to information related to such officer’s nomination. (b) Classification determinations (1) In general Except as provided in paragraph (2), in a case in which an officer described in sub- section (a) has been nominated as described in such subsection and classification authority rests with the officer or another officer who reports directly to such officer, a classifica- tion decision with respect to information re- lating to the officer shall be made by the Di- rector of National Intelligence. (2) Nominations of Director of National Intel- ligence In a case described in paragraph (1) in which the officer nominated is the Director of Na-