50 U.S.C. § 3352b — Improving the process for security clear-

Page 830 TITLE 50—WAR AND NATIONAL DEFENSE § 3352b 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 im- prove this system should be vetted through the Council to ensure standardization, port- ability, 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 appro- priate 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 in- vestigative and adjudicative standards or re- sources. (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, transition costs, and effects on stakeholders. (2) Report on the future of personnel security (A) In general Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordi- nation with the members of the Council, shall submit to the appropriate congres- sional committees and make available to ap- propriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and tech- nology. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) A risk framework for granting and re- newing access to classified information. (ii) A discussion of the use of tech- nologies to prevent, detect, and monitor threats. (iii) A discussion of efforts to address reciprocity and portability. (iv) A discussion of the characteristics of effective insider threat programs. (v) An analysis of how to integrate data from continuous vetting, insider threat programs, and human resources data. (vi) Recommendations on interagency governance. (3) Plan for implementation Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordina- tion with the members of the Council, shall submit to the appropriate congressional com- mittees and make available to appropriate in- dustry partners a plan to implement the re- port’s framework and recommendations sub- mitted under paragraph (2)(A). (4) Congressional notifications Not less frequently than quarterly, the Secu- rity Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from depart- ments and agencies of the Federal Govern- ment for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous vetting, or other national policy regarding personnel se- curity. (Pub. L. 116–92, div. E, title LXVI, § 6602, Dec. 20, 2019, 133 Stat. 2210.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Council’’, ‘‘reciprocity’’, ‘‘appro- priate congressional committees’’, ‘‘appropriate indus- try partners’’, ‘‘continuous vetting’’, and ‘‘Security Ex- ecutive Agent’’, referred to in text, see section 3352 of this title. § 3352b. Improving the process for security clear- ances (a) Reviews Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordina- tion with the members of the Council, shall sub- mit to the appropriate congressional commit- tees and make available to appropriate industry partners a report that includes the following: (1) A review of whether the information re- quested on the Questionnaire for National Se- curity Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Execu- tive Agent and the Security Executive Agent appropriately supports the adjudicative guide- lines under Security Executive Agent Direc- tive 4 (known as the ‘‘National Security Adju- dicative Guidelines’’). Such review shall in- clude identification of whether any such infor- mation currently collected is unnecessary to support the adjudicative guidelines. (2) An assessment of whether such Question- naire, Standards, and guidelines should be re- vised to account for the prospect of a holder of a security clearance becoming an insider threat. (3) Recommendations to improve the back- ground investigation process by— (A) simplifying the Questionnaire for Na- tional Security Positions (Standard Form 86) and increasing customer support to appli- cants completing such Questionnaire; (B) using remote techniques and central- ized locations to support or replace field in- vestigation work; (C) using secure and reliable digitization of information obtained during the clearance process; (D) building the capacity of the back- ground investigation workforce; and (E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances. 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 information affecting contractor clearances or suitability is appro- priately and expeditiously shared between and among agencies and contractors; and (K) portability of contractor security clearances between or among contracts at the same agency and between or among con- tracts at different agencies that require the same level of clearance. (3) A strategy and implementation plan that— (A) provides for periodic reinvestigations as part of a security clearance determina- tion only on an as-needed, risk-based basis; (B) includes actions to assess the extent to which automated records checks and other continuous vetting methods may be used to expedite or focus reinvestigations; and (C) provides an exception to the require- ment under subparagraph (A) for certain populations if the Security Executive Agent— (i) determines such populations require reinvestigations at regular intervals; and (ii) provides written justification to the appropriate congressional committees for any such determination. (4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance ap- plicant’s employment with a prior employer. (5) A policy for the use of certain back- ground information on individuals collected by the private sector for background inves- tigation purposes. (6) Uniform standards for agency continuous vetting programs to ensure quality and reci- procity in accepting enrollment in a contin- uous vetting program as a substitute for a periodic investigation for continued access to classified information. (Pub. L. 116–92, div. E, title LXVI, § 6603, Dec. 20, 2019, 133 Stat. 2211.) Statutory Notes and Related Subsidiaries IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS Pub. L. 116–92, div. E, title LIV, § 5401, Dec. 20, 2019, 133 Stat. 2142, provided that: ‘‘(a) DEFINITION OF SECURITY EXECUTIVE AGENT.—In this section, the term ‘Security Executive Agent’ means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947 [50 U.S.C. 3162a], as added by section 6605. ‘‘(b) POLICY REQUIRED.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Security Executive Agent shall issue a policy that re- quires the head of each Federal agency to create, not later than December 31, 2023, an electronic portal that can be used by human resources personnel and appli- cants for security clearances to view information about the status of an application for a security clearance and the average time required for each phase of the se- curity clearance process.’’ DEFINITIONS For definitions of ‘‘Security Executive Agent’’, ‘‘Council’’, ‘‘appropriate congressional committees’’, ‘‘appropriate industry partners’’, ‘‘Suitability and Credentialing Executive Agent’’, ‘‘continuous vetting’’, and ‘‘reciprocity’’, referred to in text, see section 3352 of this title. § 3352c. Goals for promptness of determinations regarding security clearances (a) In general The Council shall reform the security clear- ance process with the objective that, by Decem- ber 31, 2021, 90 percent of all determinations, other than determinations regarding popu- lations identified under section 3352b(b)(3)(C) of this title, 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 clear- ance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the popu- lation that holds a security clearance.