50 U.S.C. § 3352g: Requirement to authorize…

Summary

The Director of National Intelligence must, by April 1, 2024, finish a study, make a plan, and send a report to Congress about running a program to allow extra security clearances for certain contractors. The study must explain how contractors would pay for extra clearances for contracts made after December 22, 2023, list any laws that would need to change, and cover other practical issues. Appropriate committees means the congressional intelligence committees and the Senate and House Defense Appropriations subcommittees. A covered contract is a contract with the intelligence community that needs a set number of cleared people. A covered person is a contractor or employee. The Director must create a program so an entity can name extra covered persons who may apply for clearances. the investigative and adjudicative agencies must check those applications and decide eligibility. If approved, an extra person can later be given access without a new investigation when a required cleared worker can’t perform the job, but only if they meet need-to-know under Executive Orders 12968 or 10865 (or successors) and sign a nondisclosure agreement. For each contract, the extra people may not exceed the greater of 10% of required clearances or 1 person. For an entire entity, the total extra people may not exceed the greater of 10% of all required clearances or 1 person. No applications beyond those limits may be filed or granted, and intelligence community heads may not pay costs for these clearances. Agencies may still deny access if a person is found ineligible.

Title 50, §3352g

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(a)Definitions

In this section: (1) Appropriate committees of Congress

(2)Covered contract or agreement

The term “covered contract or agreement”, with respect to an entity, means a contract or other agreement between that entity and an element of the intelligence community the performance of which requires a specified number of covered persons to hold a security clearance.

(3)Covered person

The term “covered person”, with respect to an entity, means a contractor or employee of that entity.

(b)Plan and study

(1)In general

No later than April 1, 2024, the Director of National Intelligence shall—

(A)complete a study on the feasibility and advisability of implementing a program to authorize additional security clearances for certain contractors as described in subsection (c);

(B)develop a plan to implement the program described in subparagraph (A); and

(C)submit to the appropriate committees of Congress—

(i)a report on the findings of the Director with respect to the study completed pursuant to subparagraph (A); and

(ii)the plan developed pursuant to subparagraph (B).

(2)Study elements

The study completed pursuant to paragraph (1)(A) shall address the following:

(A)For contracts agreed to after December 22, 2023, how private entities that contract with the intelligence community would make payments for additional clearances for their employees and how the intelligence community would receive payments.

(B)A list of and changes to provisions of law required in order to fully implement the program required by subsection (c) and achieve the intent indicated in subparagraph (A) of this paragraph.

(C)Such considerations as the Director may have for carrying out the program required by subsection (c) and achieving the intent indicated in subparagraph (A) of this paragraph.

(c)Program to authorize additional security clearances for certain contractors

Subject to the limitations described in subsection (d), the Director shall establish a program under which—

(1)any entity that enters into a covered contract or agreement with an element of the intelligence community may designate an additional number of covered persons who may submit an application for a security clearance;

(2)the appropriate authorized investigative agency and authorized adjudicative agency, as such terms are defined in section 3341(a) of this title, shall—

(A)upon receiving such an application—

(i)conduct an appropriate investigation of the background of the additional covered person; and

(ii)make a determination as to whether the additional covered person is eligible for access to classified information; and

(B)if the determination under subparagraph (A)(ii) is favorable, upon any of the specified number of covered persons required to hold a security clearance for the performance of work under that covered contract or agreement becoming unable to perform such work, make a determination as to whether the additional covered person has a demonstrated need-to-know under Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, or Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto (without requiring an additional investigation to be conducted under subparagraph (A)(i)); and

(3)if the additional covered person receives a favorable determination regarding the need-to-know under paragraph (2)(B) and signs an approved nondisclosure agreement, the additional covered person may perform such work in lieu of such covered person.

(d)Limitations

The limitations described in this subsection are as follows:

(1)Limitation on number designated per contract

The additional number designated by an entity under the program established pursuant to subsection (c) for each covered contract or agreement may not exceed the greater of the following:

(A)10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement.

(B)1 person.

(2)Limitation on number designated per entity

The total additional number designated by an entity under the program established pursuant to subsection (c) may not exceed the greater of the following:

(A)10 percent of the sum total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity.

(B)1 person.

(e)Prohibitions

(1)In general

No application for a security clearance may be submitted by a covered person of an entity or granted pursuant to the program established under subsection (c) in excess of the limitations under subsection (d) applicable to such entity.

(2)Prohibition on bearing costs

No head of an element of the intelligence community may bear any cost associated with granting or maintaining a security clearance the application for which is submitted pursuant to subsection (c)(1).

(f)Rule of construction

Nothing in this section may be construed as requiring the head of an element of the intelligence community to grant any covered person access to classified information if a favorable determination of eligibility to access such classified information is not made with respect to such person.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 12968, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, which is set out as a note under section 3161 of this title. Executive Order 10865, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, which is set out as a note under section 3161 of this title.

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.

§3352g Requirement to Authorize Additional Security Clearances for Certain Contractors