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 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. 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 agen- cy shall submit an annual report to the Security Executive Agent that, with respect to the period covered by the report— (1) identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such de- partment or agency; and (2) breaks out the information described in paragraph (1) by type of clearance and the rea- sons for any delays. (b) Annual report Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report. (Pub. L. 116–92, div. E, title LXVI, § 6608, Dec. 20, 2019, 133 Stat. 2216.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Security Executive Agent’’, ‘‘reci- procity’’, and ‘‘appropriate congressional committees’’, referred to in text, see section 3352 of this title. § 3352e. Periodic report on positions in the intel- ligence community that can be conducted without access to classified information, net- works, or facilities Not later than 180 days after December 20, 2019, and biennially thereafter, the Director of National Intelligence shall submit to the con- gressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the se- cret level. Such report shall take into account the potential effect of maintaining continuity of operations during a covered national emergency (as defined by section 3316b of this title) and the assessed needs of the intelligence community to maintain such continuity of operations. (Pub. L. 116–92, div. E, title LXVI, § 6610, Dec. 20, 2019, 133 Stat. 2218; Pub. L. 117–103, div. X, title VIII, § 801, Mar. 15, 2022, 136 Stat. 1011.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–103 substituted ‘‘December 20, 2019, and biennially thereafter,’’ for ‘‘December 20, 2019, and not less frequently than once every 5 years thereafter,’’ and inserted at end ‘‘Such report shall take into ac- count the potential effect of maintaining continuity of operations during a covered national emergency (as de- fined by section 3316b of this title) and the assessed needs of the intelligence community to maintain such continuity of operations.’’ Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘congressional intelligence com- mittees’’ and ‘‘intelligence community’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3352f. Information-sharing program for posi- tions of trust and security clearances (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 Fed- eral Government and industry partners of the Federal Government relevant background in- formation regarding individuals applying for and currently occupying national security po- sitions and positions of trust, in order to en- sure 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’’).