50 U.S.C. § 3352c — Goals for promptness of determinations regarding security clearances
submitted 7 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 279 words · no verdicts yet
This section sets deadlines for security-clearance decisions and recognition of same-level clearances, and sets a goal for limiting periodic reinvestigations. It permits equivalent certified metrics and requires a congressional and industry-available implementation plan.
(a) The Council* must reform the security-clearance process with the objective that, by December 31, 2021, 90 percent of determinations—other than determinations for populations identified under section 3352b(b)(3)(C)—meet these targets: (1) secret-level clearances are issued within 30 days, and top-secret clearances within 90 days; and (2) same-level clearance reciprocity* is recognized within two weeks.
(b) The Council must reform the process with the goal that, by December 31, 2021, a set-period reinvestigation is required for no more than 10 percent of people who hold security clearances.
(c)(1) If the Council develops performance metrics and certifies to the appropriate congressional committees* that they should produce substantially equivalent results to subsections (a) and (b), the Council may use those metrics to comply with this provision. (c)(2) If the Council uses that authority, it must notify the appropriate congressional committees within 30 days after communicating the metrics to departments and agencies.
(d) Within 180 days after December 20, 2019, the Council must submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. The plan must include recommended interim milestones for the subsection (a) and (b) goals for 2019, 2020, and 2021.
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—
security clearances—
at the secret level are issued in 30 days or fewer; and
at the top secret level are issued in 90 days or fewer; and
reciprocity* of security clearances at the same level are recognized in 2 weeks or fewer.
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.
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.
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.
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.
Source credit: (Pub. L. 116–92, div. E, title LXVI, § 6604, Dec. 20, 2019, 133 Stat. 2213; Pub. L. 117–263, div. F, title LXVIII, § 6824(b)(3), Dec. 23, 2022, 136 Stat. 3615.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2213
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3615
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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