50 U.S.C. § 3352b — Improving the process for security clearances

(a) Within 180 days after December 20, 2019, the Security Executive Agent^*, coordinating with Council^* members, must submit to the appropriate congressional committees^* and make available to appropriate industry partners a report containing the following: (1) a review of whether the information requested on Standard Form 86 and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent^* and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4, known as the “National Security Adjudicative Guidelines.” The review must identify information now collected that is unnecessary for those guidelines; (2) an assessment of whether the Questionnaire, Standards, and guidelines should be revised to account for the possibility that a clearance holder could become an insider threat; and (3) recommendations to improve background investigations by—(A) simplifying Standard Form 86 and increasing support for applicants completing it; (B) using remote methods and centralized locations to support or replace field investigations; (C) securely and reliably digitizing information obtained during the clearance process; (D) building the background-investigation workforce’s capacity; and (E) replacing periodic reinvestigations with continuous-vetting methods whenever appropriate.

(b) Within 180 days after December 20, 2019, the Security Executive Agent, coordinating with Council members, must establish—(1) a policy and implementation plan for issuing interim security clearances; (2) a policy and implementation plan ensuring contractors are treated consistently across Federal agencies and departments compared with their employees. That policy must address—(A) prioritizing clearance processing based on the contractors’ missions; (B) standardizing the forms agencies use to begin a clearance process; (C) digitizing background-investigation forms; (D) polygraph use; (E) applying the “National Security Adjudicative Guidelines”; (F) recognizing clearances reciprocally across agencies and departments regardless of periodic-reinvestigation status; (G) tracking clearance files as people move from Federal employment to the private sector; (H) collecting timelines for contractor movement across agencies and departments; (I) reporting security incidents and job performance, consistent with section 552a of title 5, that may affect clearance eligibility; (J) needed Federal Acquisition Regulation changes so clearance or suitability information is shared appropriately and promptly among agencies and contractors; and (K) portability of contractor clearances among contracts requiring the same clearance level, within one agency or among different agencies; (3) a strategy and implementation plan that—(A) uses periodic reinvestigations in clearance decisions only when needed and based on risk; (B) assesses how automated records checks and other continuous-vetting methods could speed up or focus reinvestigations; and (C) creates an exception for certain populations if the Agent determines they need regular reinvestigations and gives the appropriate congressional committees written reasons; (4) a policy and implementation plan for agencies and departments to accept, as part of the clearance process, automated records checks generated through an applicant’s prior employment; (5) a policy for using certain private-sector background information collected for investigation purposes; and (6) uniform standards for agency continuous-vetting programs to ensure quality and reciprocity^* when continuous vetting^* substitutes for a periodic investigation for continued classified access.