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

Summary

Requires the federal personnel security Council to send plans and reports to Congress and share them with industry about fixing how security clearances and background checks work. Within 90 days after December 20, 2019, the Council must give a plan, with steps and dates, to cut the backlog of pending background investigations to 200,000 (or to a steady, sustainable level) by the end of year 2020 and say what changes or extra resources are needed. Within the same 90 days the Council must also give a plan to move most security-clearance background investigations into the Defense Counterintelligence and Security Agency, covering needed funding, staff, contracts, IT, field offices, rules, timing, transition costs, and effects on others. Within 180 days after December 20, 2019, the Council chair must give a report on the future of personnel security and a separate plan to carry out that report. The report must cover a risk framework for access to classified information; use of technology to detect and stop threats; how to make clearances portable and reciprocal; what good insider-threat programs look like; how to combine continuous vetting, insider-threat, and HR data; and advice on interagency governance. The Security Executive Agent must also publish public updates at least quarterly on requests from agencies to change or approve national investigative standards, adjudicative rules, continuous vetting, or other national personnel-security policies.

Title 50, §3352a

War and National Defense — Source: USLM XML via OLRC

(a)It is the sense of Congress that—

(1)ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety;

(2)the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability;

(3)the current system for background investigations for security clearances, suitability and fitness for employment, and credentialing 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 improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government.

(b)(1)Not later than 90 days after December 20, 2019, the Council shall submit to the appropriate 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 investigative and adjudicative standards or resources.

(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)(A)Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology.

(B)The report submitted under subparagraph (A) shall include the following:

(i)A risk framework for granting and renewing access to classified information.

(ii)A discussion of the use of technologies 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)Not later than 180 days after December 20, 2019, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report’s framework and recommendations submitted under paragraph (2)(A).

(4)Not less frequently than quarterly, the Security Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the Federal Government for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous vetting, or other national policy regarding personnel security.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Definitions For definitions of “Council”, “reciprocity”, “appropriate congressional committees”, “appropriate industry partners”, “continuous vetting”, and “Security Executive Agent”, referred to in text, see section 3352 of this title.

§3352a Reports and Plans Relating to Security Clearances and Background Investigations

Summary

Title 50, §3352a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata