50 U.S.C. § 3352f — Information-sharing program for positions of trust and security clearances
submitted 7 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 620 words · no verdicts yet
This section requires a program for sharing relevant background information among Federal agencies and industry partners about people in or seeking national-security and trusted positions. It requires privacy safeguards, an implementation plan, a pilot-program plan, and a later review, with each required plan and review submitted to Congress and made available to appropriate industry partners.
(a)(1) Within 90 days after December 20, 2019, the Security Executive Agent* and the Suitability and Credentialing Executive Agent* must establish and implement a program for sharing, among Federal agencies and Federal Government industry partners, relevant background information about people applying for or occupying national-security positions and positions of trust, so the Federal Government maintains a trusted workforce. (a)(2) The program is called the “Trusted Information Provider Program,” or the “Program.”
(b) The two Agents must ensure that the Program includes the privacy safeguards they consider appropriate.
(c) The Program must enable investigative service providers and Federal agencies to use certain pre-employment information gathered through private-sector methods during employment or military recruiting, and other relevant security or human-resources information obtained during or for Federal employment, if the information satisfies Federal investigative standards. The Program must safeguard personnel privacy.
(d) The Program’s information and records must include—(1) date and place of birth; (2) citizenship or immigration and naturalization information; (3) education records; (4) employment records; (5) employment or social references; (6) military-service records; (7) State and local law-enforcement checks; (8) criminal-history checks; (9) financial records or information; (10) foreign travel, relatives, or associations; (11) social-media checks; and (12) other information or records that may be relevant to obtaining or keeping eligibility for national security, suitability, fitness, or credentialing.
(e)(1) Within 90 days after December 20, 2019, the two Agents must jointly submit to the appropriate congressional committees* and make available to appropriate industry partners a plan to implement the Program. (e)(2) The plan must include—(A) mechanisms addressing privacy, national security, suitability or fitness, credentialing, and human-resources or military-recruitment processes; and (B) legislative or administrative recommendations the Agents consider appropriate to carry out or improve the Program.
(f)(1) Within 180 days after December 20, 2019, the two Agents must jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement a pilot program. The pilot must assess the feasibility and advisability of expanding the Program to share Federal information about contractor personnel with those personnel’s employers’ security offices. (f)(2) The pilot plan must include—(A) mechanisms addressing privacy, national security, suitability or fitness, credentialing, and human-resources or military-recruitment processes; and (B) legislative or administrative recommendations the Agents consider appropriate to carry out or improve the pilot program.
(g) Within one year after December 20, 2019, the two Agents must jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans under subsections (e)(1) and (f)(1), and of the usefulness and effectiveness of the programs described in those plans.
Not later than 90 days after December 20, 2019, the Security Executive Agent* and the Suitability and Credentialing Executive Agent* shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered through private-sector means during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
The information and records considered under the Program shall include the following:
Date and place of birth.
Citizenship or immigration and naturalization information.
Education records.
Employment records.
Employment or social references.
Military service records.
State and local law enforcement checks.
Criminal history checks.
Financial records or information.
Foreign travel, relatives, or associations.
Social media checks.
Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees* and make available to appropriate industry partners a plan for the implementation of the Program.
The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program.
Not later than 180 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program.
Not later than 1 year after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
Source credit: (Pub. L. 116–92, div. E, title LXVI, § 6611, Dec. 20, 2019, 133 Stat. 2218.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2218
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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