§3352h — Title 50 War and National Defense | U.S. Code

Summary

The President must, through the Security Executive Agent and the Suitability and Credentialing Executive Agent, create and publish new time goals for how fast personnel vetting trust decisions are made, under the Federal personnel vetting performance management standards. At least once every 5 years those agents must review the goals, update them if needed, and publish any changes in the Federal Register. At least quarterly the two agents must publish a public report on how Executive agencies are meeting the goals. The reports should, when possible, break the data into categories of personnel risk and show Government versus contractor personnel. The Director of National Intelligence may set matching standards for the intelligence community after consulting the Security, Suitability, and Credentialing Performance Accountability Council. For each quarterly report, the DNI must give the congressional intelligence committees anonymized raw data on the timeliness of polygraph exams in machine-readable form for each intelligence element that has the data, as soon as practicable. The data can have personal identifiers removed, should be unclassified when possible, and must include a justification for any classified items.

Title 50, §3352h

War and National Defense — Source: USLM XML via OLRC

(a)(1)The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards.

(2)Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—

(A)review the standards established pursuant to paragraph (1); and

(B)pursuant to such review—

(i)update such standards as the President considers appropriate; and

(ii)publish in the Federal Register such updates as may be made pursuant to clause (i).

(3)

(b)(1)Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5) with the standards established pursuant to subsection (a).

(2)Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.

(c)The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).

(d)(1)With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable anonymized raw data with respect to the timeliness of polygraph examinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data.

(2)The data provided to the congressional intelligence committees under paragraph (1) may be modified to remove any personally identifying information, shall be submitted in unclassified form to the greatest extent possible, and shall contain a justification for the classification of any such data provided.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 13467, referred to in subsec. (c), 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. Codification Section is comprised of section 7702 of Pub. L. 118–31. Subsec. (a)(3) of section 7702 of Pub. L. 118–31 amended section 3341 of this title.

Amendments

2024—Subsec. (d). Pub. L. 118–159 added subsec. (d).

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.

§3352h Timeliness standard for rendering determinations of trust for personnel vetting