50 U.S.C. § 3352a — Reports and plans relating to security clearances and background investigations
submitted 7 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 517 words · no verdicts yet
This section states Congress’s views about modernizing personnel security and requires the Council to submit plans and reports about investigations and the future of personnel security. It also requires the Security Executive Agent to make quarterly public reports about requests concerning personnel-security policy.
(a) Congress states that—(1) keeping the Federal Government’s workforce, facilities, and information trustworthy and secure is a highest priority for national security and public safety; (2) the President and Congress should prioritize modernizing the personnel-security framework to improve efficiency, effectiveness, and accountability; (3) the current system for security-clearance background investigations, employment suitability and fitness, and credentialing lacks the efficiency and capabilities needed for today’s threats, for recruiting and keeping a trusted workforce, and for using modern technology; and (4) policy or process changes to improve the system should be reviewed through the Council* to ensure standardization, portability, and reciprocity* of security clearances throughout the Federal Government.
(b)(1) Within 90 days after December 20, 2019, the Council must submit to the appropriate congressional committees* and make available to appropriate industry partners—(A) a plan, with milestones, to reduce the background-investigation inventory to 200,000 or another sustainable steady level by the end of 2020. The plan must note any needed changes to investigative or adjudicative standards or resources; and (B) a plan to consolidate security-clearance background investigations in the most effective and efficient way within the Defense Counterintelligence and Security Agency. That plan must address funding, personnel, contracts, information technology, field-office structure, policy, governance, schedule, transition costs, and effects on stakeholders.
(b)(2)(A) Within 180 days after December 20, 2019, the Chairman of the Council, coordinating with Council members, must submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security that reflects changes in threats, the workforce, and technology.
(b)(2)(B) The report must include—(i) a risk framework for granting and renewing access to classified information; (ii) discussion of technologies used to prevent, detect, and monitor threats; (iii) discussion of efforts concerning reciprocity and portability; (iv) discussion of effective insider-threat programs; (v) analysis of how to combine data from continuous vetting*, insider-threat programs, and human-resources data; and (vi) recommendations about interagency governance.
(b)(3) Within 180 days after December 20, 2019, the Chairman of the Council, coordinating with Council members, must submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the framework and recommendations in the report under paragraph (2)(A).
(b)(4) At least quarterly, the Security Executive Agent* must make a public report about the status and disposition of requests from Federal departments and agencies seeking a change to, or approval under, the Federal investigative standards, national adjudicative guidelines, continuous vetting, or another national personnel-security policy.
It is the sense of Congress that—
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;
the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability;
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
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.
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 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.
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.
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.
The report submitted under subparagraph (A) shall include the following:
A risk framework for granting and renewing access to classified information.
A discussion of the use of technologies to prevent, detect, and monitor threats.
A discussion of efforts to address reciprocity and portability.
A discussion of the characteristics of effective insider threat programs.
An analysis of how to integrate data from continuous vetting*, insider threat programs, and human resources data.
Recommendations on interagency governance.
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).
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.
Source credit: (Pub. L. 116–92, div. E, title LXVI, § 6602, Dec. 20, 2019, 133 Stat. 2210.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2210
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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