50 U.S.C. § 3352h — Timeliness standard for rendering determinations of trust for personnel vetting
submitted 3 years ago by Pub. L. 118-31 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 414 words · no verdicts yet
This section requires public standards and reports about the speed of personnel-vetting trust determinations. It also requires data about polygraph timing and permits complementary intelligence-community standards.
(a) Acting through the two Executive Agents, the President must establish and publish performance standards for timely personnel-vetting trust decisions. At least every five years, the President must review, update as appropriate, and publish the standards in the Federal Register. Paragraph (3) is omitted in the supplied statute. (b) At least quarterly, the Agents must publicly report agency compliance, separating data as much as practicable by personnel-risk category and Government versus contractor personnel. (c) The Director of National Intelligence may consult the Council* and establish complementary intelligence-community standards. (d) For each compliance report, the Director must provide the congressional intelligence committees, as soon as practicable, anonymized machine-readable raw data on polygraph-examination timing for each intelligence element that collects it. The data may remove identifying information, must be unclassified as much as possible, and must explain why any classified data is classified.
The President shall, acting through the Security Executive Agent* and the Suitability and Credentialing Executive Agent*, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards.
Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—
review the standards established pursuant to paragraph (1); and
pursuant to such review—
update such standards as the President considers appropriate; and
publish in the Federal Register such updates as may be made pursuant to clause (i).
Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5) with the standards established pursuant to subsection (a).
Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.
The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council* established pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).
With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable anonymized raw data with respect to the timeliness of polygraph examinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data.
The data provided to the congressional intelligence committees under paragraph (1) may be modified to remove any personally identifying information, shall be submitted in unclassified form to the greatest extent possible, and shall contain a justification for the classification of any such data provided.
Source credit: (Pub. L. 118–31, div. G, title VII, § 7702, Dec. 22, 2023, 137 Stat. 1100; Pub. L. 118–159, div. F, title LXVI, § 6604, Dec. 23, 2024, 138 Stat. 2503.)
- 2023Enacted · Pub. L. 118-31 · 137 Stat. 1100
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2503
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.
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