50 U.S.C. § 435b : US Code - Section 435B: Security clearances

Search 50 U.S.C. § 435b : US Code - Section 435B: Security clearances

(a) Definitions
In this section:
(1) The term "agency" means -
(A) an executive agency (as that term is defined in section
105 of title 5);
(B) a military department (as that term is defined in section
102 of title 5); and
(C) an element of the intelligence community.
(2) The term "authorized investigative agency" means an agency
designated by the head of the agency selected pursuant to
subsection (b) of this section to conduct a counterintelligence
investigation or investigation of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information.
(3) The term "authorized adjudicative agency" means an agency
authorized by law, regulation, or direction of the Director of
National Intelligence to determine eligibility for access to
classified information in accordance with Executive Order 12968.
(4) The term "highly sensitive program" means -
(A) a government program designated as a Special Access
Program (as that term is defined in section 4.1(h) of Executive
Order 12958 or any successor Executive order); or
(B) a government program that applies restrictions required
for -
(i) restricted data (as that term is defined in section
2014(y) of title 42; (!1) or
(ii) other information commonly referred to as "sensitive
compartmented information".
(5) The term "current investigation file" means, with respect
to a security clearance, a file on an investigation or
adjudication that has been conducted during -
(A) the 5-year period beginning on the date the security
clearance was granted, in the case of a Top Secret Clearance,
or the date access was granted to a highly sensitive program;
(B) the 10-year period beginning on the date the security
clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security
clearance was granted in the case of a Confidential Clearance.
(6) The term "personnel security investigation" means any
investigation required for the purpose of determining the
eligibility of any military, civilian, or government contractor
personnel to access classified information.
(7) The term "periodic reinvestigations" means investigations
conducted for the purpose of updating a previously completed
background investigation -
(A) every 5 years in the case of a top secret clearance or
access to a highly sensitive program;
(B) every 10 years in the case of a secret clearance; or
(C) every 15 years in the case of a Confidential Clearance.
(8) The term "appropriate committees of Congress" means -
(A) the Permanent Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security, Government
Reform, and the Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence and the Committees
on Armed Services, Homeland Security and Governmental Affairs,
and the Judiciary of the Senate.
(b) Selection of entity
Not later than 90 days after December 17, 2004, the President
shall select a single department, agency, or element of the
executive branch to be responsible for -
(1) directing day-to-day oversight of investigations and
adjudications for personnel security clearances, including for
highly sensitive programs, throughout the United States
Government;
(2) developing and implementing uniform and consistent policies
and procedures to ensure the effective, efficient, and timely
completion of security clearances and determinations for access
to highly sensitive programs, including the standardization of
security questionnaires, financial disclosure requirements for
security clearance applicants, and polygraph policies and
procedures;
(3) serving as the final authority to designate an authorized
investigative agency or authorized adjudicative agency;
(4) ensuring reciprocal recognition of access to classified
information among the agencies of the United States Government,
including acting as the final authority to arbitrate and resolve
disputes involving the reciprocity of security clearances and
access to highly sensitive programs pursuant to subsection (d) of
this section;
(5) ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve
clearance and investigative program goals; and
(6) reviewing and coordinating the development of tools and
techniques for enhancing the conduct of investigations and
granting of clearances.
(c) Performance of security clearance investigations
(1) Notwithstanding any other provision of law, not later than
180 days after December 17, 2004, the President shall, in
consultation with the head of the entity selected pursuant to
subsection (b) of this section, select a single agency of the
executive branch to conduct, to the maximum extent practicable,
security clearance investigations of employees and contractor
personnel of the United States Government who require access to
classified information and to provide and maintain all security
clearances of such employees and contractor personnel. The head of
the entity selected pursuant to subsection (b) of this section may
designate other agencies to conduct such investigations if the head
of the entity selected pursuant to subsection (b) of this section
considers it appropriate for national security and efficiency
purposes.
(2) The agency selected under paragraph (1) shall -
(A) take all necessary actions to carry out the requirements of
this section, including entering into a memorandum of
understanding with any agency carrying out responsibilities
relating to security clearances or security clearance
investigations before December 17, 2004;
(B) as soon as practicable, integrate reporting of security
clearance applications, security clearance investigations, and
determinations of eligibility for security clearances, with the
database required by subsection (e) of this section; and
(C) ensure that security clearance investigations are conducted
in accordance with uniform standards and requirements established
under subsection (b) of this section, including uniform security
questionnaires and financial disclosure requirements.
(d) Reciprocity of security clearance and access determinations
(1) All security clearance background investigations and
determinations completed by an authorized investigative agency or
authorized adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations initiated by
an authorized investigative agency shall be transferable to any
other authorized investigative agency.
(3)(A) An authorized investigative agency or authorized
adjudicative agency may not establish additional investigative or
adjudicative requirements (other than requirements for the conduct
of a polygraph examination) that exceed requirements specified in
Executive Orders establishing security requirements for access to
classified information without the approval of the head of the
entity selected pursuant to subsection (b) of this section.
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) of this section may establish
such additional requirements as the head of such entity considers
necessary for national security purposes.
(4) An authorized investigative agency or authorized adjudicative
agency may not conduct an investigation for purposes of determining
whether to grant a security clearance to an individual where a
current investigation or clearance of equal level already exists or
has been granted by another authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) of
this section may disallow the reciprocal recognition of an
individual security clearance by an agency under this section on a
case-by-case basis if the head of the entity selected pursuant to
subsection (b) of this section determines that such action is
necessary for national security purposes.
(6) The head of the entity selected pursuant to subsection (b) of
this section shall establish a review procedure by which agencies
can seek review of actions required under this section.
(e) Database on security clearances
(1) Not later than 12 months after December 17, 2004, the
Director of the Office of Personnel Management shall, in
cooperation with the heads of the entities selected pursuant to
subsections (b) and (c) of this section, establish and commence
operating and maintaining an integrated, secure, database into
which appropriate data relevant to the granting, denial, or
revocation of a security clearance or access pertaining to
military, civilian, or government contractor personnel shall be
entered from all authorized investigative and adjudicative
agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking
systems from other authorized investigative and adjudicative
agencies into a single consolidated database.
(3) Each authorized investigative or adjudicative agency shall
check the database under this subsection to determine whether an
individual the agency has identified as requiring a security
clearance has already been granted or denied a security clearance,
or has had a security clearance revoked, by any other authorized
investigative or adjudicative agency.
(4) The head of the entity selected pursuant to subsection (b) of
this section shall evaluate the extent to which an agency is
submitting information to, and requesting information from, the
database under this subsection as part of a determination of
whether to certify the agency as an authorized investigative agency
or authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) of
this section may authorize an agency to withhold information about
certain individuals from the database under this subsection if the
head of the entity considers it necessary for national security
purposes.
(f) Evaluation of use of available technology in clearance
investigations and adjudications
(1) The head of the entity selected pursuant to subsection (b) of
this section shall evaluate the use of available information
technology and databases to expedite investigative and adjudicative
processes for all and to verify standard information submitted as
part of an application for a security clearance.
(2) The evaluation shall assess the application of the
technologies described in paragraph (1) for -
(A) granting interim clearances to applicants at the secret,
top secret, and special access program levels before the
completion of the appropriate full investigation;
(B) expediting investigations and adjudications of security
clearances, including verification of information submitted by
the applicant;
(C) ongoing verification of suitability of personnel with
security clearances in effect for continued access to classified
information;
(D) use of such technologies to augment periodic
reinvestigations;
(E) assessing the impact of the use of such technologies on the
rights of applicants to verify, correct, or challenge information
obtained through such technologies; and
(F) such other purposes as the head of the entity selected
pursuant to subsection (b) of this section considers appropriate.
(3) An individual subject to verification utilizing the
technology described in paragraph (1) shall be notified of such
verification, shall provide consent to such use, and shall have
access to data being verified in order to correct errors or
challenge information the individual believes is incorrect.
(4) Not later than one year after December 17, 2004, the head of
the entity selected pursuant to subsection (b) of this section
shall submit to the President and the appropriate committees of
Congress a report on the results of the evaluation, including
recommendations on the use of technologies described in paragraph
(1).
(g) Reduction in length of personnel security clearance process
(1) The head of the entity selected pursuant to subsection (b) of
this section shall, within 90 days of selection under that
subsection, develop, in consultation with the appropriate
committees of Congress and each authorized adjudicative agency, a
plan to reduce the length of the personnel security clearance
process.
(2)(A) To the extent practical the plan under paragraph (1) shall
require that each authorized adjudicative agency make a
determination on at least 90 percent of all applications for a
personnel security clearance within an average of 60 days after the
date of receipt of the completed application for a security
clearance by an authorized investigative agency. Such 60-day
average period shall include -
(i) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days shall be
made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years
after December 17, 2004.
(B) During the period beginning on a date not later than 2 years
after December 17, 2004, and ending on the date on which the plan
under paragraph (1) takes effect, each authorized adjudicative
agency shall make a determination on at least 80 percent of all
applications for a personnel security clearance pursuant to this
section within an average of 120 days after the date of receipt of
the application for a security clearance by an authorized
investigative agency. Such 120-day average period shall include -
(i) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.
(h) Reports
(1) Not later than February 15, 2006, and annually thereafter
through 2011, the head of the entity selected pursuant to
subsection (b) of this section shall submit to the appropriate
committees of Congress a report on the progress made during the
preceding year toward meeting the requirements of this section.
(2) Each report shall include, for the period covered by such
report -
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies for
conducting investigations, adjudicating cases, and granting
clearances, from date of submission to ultimate disposition and
notification to the subject and the subject's employer;
(B) a discussion of any impediments to the smooth and timely
functioning of the requirements of this section; and
(C) such other information or recommendations as the head of
the entity selected pursuant to subsection (b) of this section
considers appropriate.
(i) Authorization of appropriations
There is authorized to be appropriated such sums as may be
necessary for fiscal year 2005 and each fiscal year thereafter for
the implementation, maintenance, and operation of the database
required by subsection (e) of this section.