50 U.S.C. § 3352c: Goals for promptness of…

Summary

The Council must change the security clearance process so that by December 31, 2021, 90% of decisions (except for certain groups named in section 3352b(b)(3)(C)) meet these goals: secret clearances within 30 days, top‑secret within 90 days, and recognition of the same‑level clearance in two weeks. Routine reinvestigations should be needed for no more than 10% of people with clearances. If the Council creates different but equivalent performance measures, it may use them but must tell Congress within 30 days after sharing those measures with agencies. Within 180 days after December 20, 2019, the Council must give Congress and industry partners a plan with interim milestones for 2019, 2020, and 2021.

Title 50, §3352c

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(a)In general

The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations 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 clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance.

(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 substantially equivalent outcomes as those outlined in subsections (a) and (b), the Council may use those metrics for purposes of compliance 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 recommended interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021.

Notes & Related Subsidiaries

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”, “appropriate congressional committees”, and “appropriate industry partners”, referred to in text, see section 3352 of this title.

§3352c Goals for Promptness of Determinations Regarding Security Clearances