§3104 Reports on Security Clearances

Summary

The President must send Congress a report by February 1 each year that counts security clearances. For each clearance level, the report must say how many U.S. government employees and how many contractors had that clearance on October 1 of the previous year, and how many were approved at that level during the previous fiscal year. The President may treat confidential and secret as one level, and top secret and higher as one level. The Director of National Intelligence must send a report by March 1 each year to the congressional intelligence committees, the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Homeland Security, and the House Committee on Oversight and Reform about clearances handled by each part of the intelligence community in the prior fiscal year. The Director must give parts of that report to the Senate and House Armed Services Committees that cover Defense Department elements. Each report must separate federal employees from contractors and, for each intelligence element, give totals for: initial background checks for new applicants; periodic reinvestigations for current employees; adjudicated initial checks with how many were granted and how many were denied or revoked; adjudicated periodic checks with how many were favorable and how many were denied or revoked; pending checks at year‑end grouped by age (180 days or less; over 180 days but under 12 months; 12 months to under 18 months; 18 months to under 24 months; and 24 months or more); an explanation for cases taking more than 12 months and how many of those involved a polygraph; and percentages for cases that ended in denial or revocation, cases with incomplete information, and cases without enough information to decide on potentially adverse findings. Reports must be unclassified but may include a classified annex.