§3352. Definitions — Inbound Citations
50 U.S.C. § 3352
Cited by 221 provisions in release 119-102.
Citations to §3352(1)
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(1) Not later than March 1 of each year, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States’ use of military force and related national security operations.
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(b) Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional committees of such change, including the legal, factual, and policy justification for such change.
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(c) The report required by subsection (a) and each notice required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees.
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(d) In this section, the term “appropriate congressional committees” means—(1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and(2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
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(1) Not later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that—(A) identifies—(i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons;(ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as “priority foreign countries”);(iii) categories of technologies or proprietary information developed by United States persons that—(I) are targeted for economic or industrial espionage in cyberspace; and(II) to the extent practicable, have been appropriated through such espionage;(iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and(v) to the extent practicable, services provided using such technologies or proprietary information;(B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and(C) describes—(i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and(ii) the progress made in decreasing the prevalence of such espionage.
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(1) The term “appropriate congressional committees” means—(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and(B) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
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(1) Not later than 180 days after January 5, 2023, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report—(A) identifying any foreign person the President determines, during the period specified in paragraph (2)—(i) has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets occurred on or after January 5, 2023, and is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;(ii) has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft;(iii) is an entity that is owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or (ii); or(iv) is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii);(B) describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and(C) assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph.
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(2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.
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(2) The term “appropriate congressional committees” means—(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
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(2) A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.
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(d) In this section, the term “appropriate congressional committees” means—(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and(2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
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(a) Not later than January 30 of each year, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the following:(1) The threats posed to the United States and allies of the United States—(A) by weapons of mass destruction, ballistic missiles, and cruise missiles; and(B) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles.(2) The acquisition by foreign countries during the preceding 12 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions.(3) Any trends with respect to the acquisition described in paragraph (2).
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(d) In this section, the term “appropriate congressional committees” means the following:(1) The congressional defense committees.(2) The congressional intelligence committees (as defined in section 3003 of this title).(3) The Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.
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(a) At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, the Administrator shall notify the appropriate congressional committees of—(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation.
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(b) Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.
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(1) The term “appropriate congressional committees” means—(A) the congressional defense committees; and(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
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(1) the Secretary or the Administrator, as the case may be, notifies the appropriate congressional committees of such waiver; and
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(1) The term “appropriate congressional committees” means—(A) the congressional defense committees; and(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
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(a) Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 2753 of this title) or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees—(1) an explanation as to whether termination of the contract is an appropriate remedy;(2) a description of the terms of the contract regarding award fees and performance; and(3) a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract.
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(b) If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs (1) through (3) of subsection (a) by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs.
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(1) The term “appropriate congressional committees” means—(A) the congressional defense committees; and(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
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(2) Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—(A) the determination;(B) the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration;(C) the expected time frame for such activities; and(D) the expected costs of such activities.
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(c) In this section, the term “appropriate congressional committees” means—(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
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(7) Any transfer or reprogramming of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer or reprogramming for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in any case in which the transfer or reprogramming would not have otherwise required reprogramming notification under procedures in effect as of December 17, 2004.
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(a) In this section, the term “appropriate congressional committees” means—(1) the congressional intelligence committees; and(2) the Committees on Armed Services of the House of Representatives and the Senate.
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(b) Not later than the first Monday in February 2021, and each year thereafter, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the appropriate congressional committees a report containing an assessment of the intelligence community with respect to worldwide threats to the national security of the United States.
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(1) Upon request by the appropriate congressional committees, the Director (and any other head of an element of the intelligence community determined appropriate by the committees in consultation with the Director) shall testify before such committees in an open setting regarding a report under subsection (b).
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(a) On an annual basis, the Secretary of the Treasury (acting through the head of the Office of Intelligence Support) shall submit a report to the appropriate congressional committees that fully informs the committees concerning operations against terrorist financial networks. Each such report shall include with respect to the preceding one-year period—(1) the total number of asset seizures, designations, and other actions against individuals or entities found to have engaged in financial support of terrorism;(2) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected of having engaged in financial support for terrorist activity; and(3) whether the financial intelligence information seized in these cases has been shared on a full and timely basis with the all departments, agencies, and other entities of the United States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
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(b) In the case of a designation of an individual or entity, or the assets of an individual or entity, as having been found to have engaged in terrorist activities, the Secretary of the Treasury shall report such designation within 24 hours of such a designation to the appropriate congressional committees.
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(d) In this section, the term “appropriate congressional committees” means the following:(1) The Permanent Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives.(2) The Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
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(1) Not less frequently than semiannually or upon request by one of the appropriate congressional committees or a member of congressional leadership, the Director of National Intelligence shall provide to such committees and congressional leadership a briefing on each controlled access program in effect.
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(1) A head of an element of the intelligence community may not establish a controlled access program, or a compartment or subcompartment therein, until the head notifies the appropriate congressional committees and congressional leadership of such controlled access program, compartment, or subcompartment, as the case may be.
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(A) Except as provided in subparagraph (B), a head of an element of the intelligence community may not transfer a capability from a controlled access program, including from a compartment or subcompartment therein to a compartment or subcompartment of another controlled access program, to a special access program (as defined in section 3348(g) of this title), or to anything else outside the controlled access program, until the head submits to the appropriate congressional committees and congressional leadership notice of the intent of the head to make such transfer.
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(1) On an annual basis, the head of each element of the intelligence community shall submit to the appropriate congressional committees and congressional leadership a report on controlled access programs administered by the head.
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(1) The term “appropriate congressional committees” means—(B) the Committee on Appropriations of the Senate; and(C) the Committee on Appropriations of the House of Representatives.
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(2) in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 3093 of this title concerning any significant anticipated intelligence activity, the Director of the Central Intelligence Agency has notified the appropriate congressional committees of the intent to make such funds available for such activity; or
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(C) the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity;
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(1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify—(A) the types of activities for which nonappropriated funds may be expended; and(B) the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.
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(2) the term “appropriate congressional committees” means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and
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(b) The Director of National Intelligence, in consultation with the heads of the other appropriate elements of the intelligence community as determined by the Director, shall submit to the appropriate congressional committees a notice describing the impact of the closure on the intelligence community. The notice shall be submitted within 30 days after the date on which the Director receives the notice under subsection (a) and, to the maximum extent practicable, shall be submitted before the date on which the covered closure occurs. Such notice shall include a description of whether, and the extent to which, the Director and the heads of the other appropriate elements of the intelligence community were consulted in the decision-making process with respect to such closure and registered any concerns with or objections to such closure.
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(1) The term “appropriate congressional committees” means—(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;(C) the Committees on Armed Services of the Senate and the House of Representatives; and(D) the Committees on Appropriations of the Senate and the House of Representatives.
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(1) Except as provided in paragraph (3), the Director of the Federal Bureau of Investigation shall notify the chairmen and ranking minority members of the appropriate congressional committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate of each counterintelligence assessment or investigation of an individual who is—(A) a candidate for Federal office; or(B) a holder of Federal office.
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees; and(B) the Committees on the Judiciary of the House of Representatives and the Senate.
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(1) The term “appropriate congressional committees” means—(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
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(1) Not later than 90 days after December 23, 2022, and annually thereafter for seven years, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report with an accompanying classified annex containing an assessment of the counterintelligence threats and other risks to the national security of the United States posed by the proliferation of foreign commercial spyware. The assessment shall incorporate all credible data, including open-source information.
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(B) submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A).
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(2) In this subsection, the term “appropriate congressional committees” means—(A) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and(B) the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
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(1) Not later than 30 days after receiving funds contributed pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees a notice—(A) specifying the value of the contribution and the purpose for which the contribution was made; and(B) identifying the person who made the contribution.
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(f) In this section, the term “appropriate congressional committees” means the following:(1) The congressional defense committees.(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
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(a) The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—(1) except as provided by paragraph (2), not later than 30 days after taking the action; and(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
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(c) In this section, the term “appropriate congressional committees” means—(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 4552(7)(B)(ii)(II)(bb) of this title), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
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(b) Not later than 90 days after December 18, 2025, the Director of National Intelligence shall brief the appropriate congressional committees on—(1) a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of biological data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans’ bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and(2) any additional resources or authorities needed to provide intelligence community support under subsection (b)(1).
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(1) The term “appropriate congressional committees” means—(A) the congressional intelligence committees;(B) the congressional defense committees (as such term is defined in section 101(a) of title 10);(C) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and(D) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.
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(1) Not later than one year after August 19, 2025, and not less frequently than annually thereafter, the Secretary,1 shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this subchapter to covered entities.
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(A) the term “appropriate congressional committees” means—(i) the Committee on Foreign Affairs of the House of Representatives; and(ii) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
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(b) Not later than 180 days after August 13, 2018, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
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(d) In this section, the term “appropriate congressional committees” means—(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and(2) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Citations to §3352(2)
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(2) The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program), as in effect on the day before December 20, 2019) that is participating in the National Industrial Security Program established by such Executive Order.
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(b) Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies and plans in a manner consistent with the protection of national security as well as the goals and objectives of the National Industrial Security Program administered pursuant to Executive Order 12829 (50 U.S.C. 3161 note; relating to the National Industrial Security Program).
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(c) Not later than 90 days after December 20, 2019, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners.
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(1) 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) 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.(B) 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.
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(A) 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.
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(3) 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).
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(a) Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.(2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.(3) Recommendations to improve the background investigation process by—(A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;(B) using remote techniques and centralized locations to support or replace field investigation work;(C) using secure and reliable digitization of information obtained during the clearance process;(D) building the capacity of the background investigation workforce; and(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
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(d) 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.
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(1) 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.
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(1) 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.
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(g) 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.
Citations to §3352(3)
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(4) define and set standards for continuous vetting for continued access to classified information and for eligibility to hold a sensitive position; and
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(v) An analysis of how to integrate data from continuous vetting, insider threat programs, and human resources data.
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(4) 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.
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(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
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(B) includes actions to assess the extent to which automated records checks and other continuous vetting methods may be used to expedite or focus reinvestigations; and
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(6) Uniform standards for agency continuous vetting programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
Citations to §3352(4)
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A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.
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The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work.
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It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation.
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The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed.
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Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures.
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(a) The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way.
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(b) The Coordinator, under the direction of the National Security Council, shall advise and assist the President by—(1) advising the President on nonproliferation of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime;(2) chairing the Committee on Nonproliferation of the National Security Council; and(3) taking such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, nonproliferation research efforts of the United States, including activities of Federal agencies as well as activities of contractors funded by the Federal Government.
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(2) chairing the Committee on Nonproliferation of the National Security Council; and
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(a) The Committee on Nonproliferation (in this section referred to as the “Committee”) is established as a committee of the National Security Council.
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(2) To make recommendations through the National Security Council to the President regarding the following:(A) Integrated national policies for countering the threats posed by weapons of mass destruction.(B) Options for integrating Federal agency budgets for countering such threats.(C) Means to ensure that Federal, State, and local governments have adequate capabilities to manage crises involving nuclear, radiological, biological, or chemical weapons or related materials or technologies, and to manage the consequences of a use of such weapon or related materials or technologies, and that use of those capabilities is coordinated.(D) Means to ensure appropriate cooperation on, and coordination of, the following:(i) Preventing the smuggling of weapons of mass destruction and related materials and technologies.(ii) Promoting domestic and international law enforcement efforts against proliferation-related efforts.(iii) Countering the involvement of organized crime groups in proliferation-related activities.(iv) Safeguarding weapons of mass destruction materials and related technologies.(v) Improving coordination and cooperation among intelligence activities, law enforcement, and the Departments of Defense, State, Commerce, and Energy in support of nonproliferation and counterproliferation efforts.(vi) Improving export controls over materials and technologies that can contribute to the acquisition of weapons of mass destruction.(vii) Reducing proliferation of weapons of mass destruction and related materials and technologies.
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(e) The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10.
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(F) plans to coordinate United States activities, initiatives, and programs relating to the prevention of WMD proliferation and terrorism, including those of the Department of Energy, the Department of Defense, the Department of State, and the Department of Homeland Security, and including the Proliferation Security Initiative, the G–8 Global Partnership Against the Spread of Weapons and Materials of Mass Destruction, United Nations Security Council Resolution 1540, and the Global Initiative to Combat Nuclear Terrorism;
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(1) advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the Armed Forces and the other departments and agencies of the United States Government to cooperate more effectively in matters involving the national security;(2) assess and appraise the objectives, commitments, and risks of the United States in relation to the actual and potential military power of the United States, and make recommendations thereon to the President;(3) make recommendations to the President concerning policies on matters of common interest to the departments and agencies of the United States Government concerned with the national security; and(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.
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(1) The Council consists of the President, the Vice President, the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, the Director of the Office of Pandemic Preparedness and Response Policy and such other officers of the United States Government as the President may designate.
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(2) The President may designate such other officers of the United States Government as the President considers appropriate, including the Director of National Intelligence, the Director of National Drug Control Policy, the Chairman of the Joint Chiefs of Staff, and the National Cyber Director, to attend and participate in meetings of the Council.
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(1) The Council shall have a staff headed by a civilian executive secretary appointed by the President.
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(2) Consistent with the direction of the President and subject to paragraph (3), the executive secretary may, subject to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5, appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the President in connection with performance of the functions of the Council.
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(f) It is the sense of Congress that there should be within the staff of the Council a Special Adviser to the President on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious freedom (as defined in section 6402 of title 22), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations.
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(1) The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.
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(a) There is a Joint Intelligence Community Council.
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(b) The Joint Intelligence Community Council shall consist of the following:(1) The Director of National Intelligence, who shall chair the Council.(2) The Secretary of State.(3) The Secretary of the Treasury.(4) The Secretary of Defense.(5) The Attorney General.(6) The Secretary of Energy.(7) The Secretary of Homeland Security.(8) Such other officers of the United States Government as the President may designate from time to time.
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(1) The Director of National Intelligence, who shall chair the Council.
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(c) The Joint Intelligence Community Council shall assist the Director of National Intelligence in developing and implementing a joint, unified national intelligence effort to protect national security by—(1) advising the Director on establishing requirements, developing budgets, financial management, and monitoring and evaluating the performance of the intelligence community, and on such other matters as the Director may request; and(2) ensuring the timely execution of programs, policies, and directives established or developed by the Director.
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(d) The Director of National Intelligence shall convene meetings of the Joint Intelligence Community Council as the Director considers appropriate.
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(1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be.
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(f) Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.
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(2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and
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(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their respective departments and, as appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an annual consolidated National Intelligence Program budget; and
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(4) The National Intelligence Council.
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(5) The National Intelligence Management Council.
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(a) There is a National Intelligence Council.
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(1) The National Intelligence Council shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
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(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
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(1) The National Intelligence Council shall—(A) produce national intelligence estimates for the United States Government, including alternative views held by elements of the intelligence community and other information as specified in paragraph (2);(B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and(C) otherwise assist the Director of National Intelligence in carrying out the responsibilities of the Director under section 3024 of this title.
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(2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers and other consumers of intelligence.
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(d) Within their respective areas of expertise and under the direction of the Director of National Intelligence, the members of the National Intelligence Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the United States Government.
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(e) Subject to the direction and control of the Director of National Intelligence, the National Intelligence Council may carry out its responsibilities under this section by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this section.
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(f) The Director of National Intelligence shall make available to the National Intelligence Council such staff as may be necessary to permit the Council to carry out its responsibilities under this section.
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(1) The Director of National Intelligence shall take appropriate measures to ensure that the National Intelligence Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.
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(2) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
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(h) The heads of the elements of the intelligence community shall, as appropriate, furnish such support to the National Intelligence Council, including the preparation of intelligence analyses, as may be required by the Director of National Intelligence.
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(i) For purposes of this section, the term “National Intelligence Council product” includes a National Intelligence Estimate and any other intelligence community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product.
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(B) obtain the services of a counsel appointed by and directly reporting to another inspector general or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
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(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
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(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
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(D) the amount requested by the Director for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (2)(C); and
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(a) There is within the Office of the Director of National Intelligence a National Intelligence Management Council.
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(1) The National Intelligence Management Council shall be composed of senior officials within the intelligence community and substantive experts from the public or private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
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(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the National Intelligence Management Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
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(c) Members of the National Intelligence Management Council shall work with each other and with other elements of the intelligence community to ensure proper coordination and to minimize duplication of effort, in addition to the following duties and responsibilities:(1) Provide integrated mission input to support the processes and activities of the intelligence community, including with respect to intelligence planning, programming, budgeting, and evaluation processes.(2) Identify and pursue opportunities to integrate or coordinate collection and counterintelligence efforts.(3) In concert with the responsibilities of the National Intelligence Council, ensure the integration and coordination of analytic and collection efforts.(4) Develop and coordinate intelligence strategies in support of budget planning and programming activities.(5) Advise the Director of National Intelligence on the development of the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities).(6) In concert with the responsibilities of the National Intelligence Council, support the role of the Director of National Intelligence as principal advisor to the President on intelligence matters.(7) Inform the elements of the intelligence community of the activities and decisions related to missions assigned to the National Intelligence Management Council.(8) Maintain awareness, across various functions and disciplines, of the mission-related activities and budget planning of the intelligence community.(9) Evaluate, with respect to assigned mission objectives, requirements, and unmet requirements, the implementation of the budget of each element of the intelligence community.(10) Provide oversight on behalf of, and make recommendations to, the Director of National Intelligence on the extent to which the activities, program recommendations, and budget proposals made by elements of the intelligence community sufficiently address mission objectives, intelligence gaps, and unmet requirements.
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(3) In concert with the responsibilities of the National Intelligence Council, ensure the integration and coordination of analytic and collection efforts.
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(6) In concert with the responsibilities of the National Intelligence Council, support the role of the Director of National Intelligence as principal advisor to the President on intelligence matters.
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(7) Inform the elements of the intelligence community of the activities and decisions related to missions assigned to the National Intelligence Management Council.
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(d) Members of the National Intelligence Management Council, under the direction of the Director of National Intelligence, shall serve as mission managers to ensure integration among the elements of the intelligence community and across intelligence functions, disciplines, and activities for the purpose of achieving unity of effort and effect, including through the following responsibilities:(1) Planning and programming efforts.(2) Budget and program execution oversight.(3) Engagement with elements of the intelligence community and with policymakers in other agencies.(4) Workforce competencies and training activities.(5) Development of capability requirements.(6) Development of governance fora, policies, and procedures.
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(1) The Director of National Intelligence shall make available to the National Intelligence Management Council such staff as may be necessary to assist the National Intelligence Management Council in carrying out the responsibilities described in this section.
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(2) Under the direction of the Director of National Intelligence, the National Intelligence Management Council shall make reasonable efforts to advise and consult with officers and employees of other departments or agencies, or components thereof, of the United States Government not otherwise associated with the intelligence community.
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(f) The heads of the elements of the intelligence community shall provide appropriate support to the National Intelligence Management Council, including with respect to intelligence activities, as required by the Director of National Intelligence.
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(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients;
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(2) through the National Geospatial-Intelligence Agency (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense—(A) for carrying out tasking of imagery collection;(B) for the coordination of imagery processing and exploitation activities;(C) for ensuring the dissemination of imagery in a timely manner to authorized recipients; and(D) notwithstanding any other provision of law, for—(i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and(ii) developing and fielding systems of common concern related to imagery intelligence and geospatial information;
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(3) through the National Reconnaissance Office (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the intelligence community;
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(4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients;
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(5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence and counterintelligence activities, including defense attaches; and
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(a) The Director of National Intelligence shall establish a Climate Security Advisory Council for the purpose of—(1) assisting intelligence analysts of various elements of the intelligence community with respect to analysis of climate security and its impact on the areas of focus of such analysts;(2) facilitating coordination between the elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community in collecting data on, and conducting analysis of, climate change and climate security; and(3) ensuring that the intelligence community is adequately prioritizing climate change in carrying out its activities.
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(1) The Council shall be composed of the following individuals appointed by the Director of National Intelligence:(A) An appropriate official from the National Intelligence Council, who shall chair the Council.(B) The lead official with respect to climate and environmental security analysis from—(i) the Central Intelligence Agency;(ii) the Bureau of Intelligence and Research of the Department of State;(iii) the National Geospatial-Intelligence Agency;(iv) the Office of Intelligence and Counterintelligence of the Department of Energy;(v) the Office of the Under Secretary of Defense for Intelligence and Security; and(vi) the Defense Intelligence Agency.(C) Three appropriate officials from elements of the Federal Government that are not elements of the intelligence community that are responsible for—(i) providing decision makers with a predictive understanding of the climate;(ii) making observations of our Earth system that can be used by the public, policymakers, and to support strategic decisions; or(iii) coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.(D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
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(A) An appropriate official from the National Intelligence Council, who shall chair the Council.
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(D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
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(2) The chair of the Council shall have responsibility for—(A) identifying agencies to supply individuals from elements of the Federal Government that are not elements of the intelligence community;(B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and(C) any other duties that the Director of National Intelligence may direct.
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(B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and
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(c) The Council shall carry out the following duties and responsibilities:(1) To meet at least quarterly to—(A) exchange appropriate data between elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community;(B) discuss processes for the routine exchange of such data and implementation of such processes; and(C) prepare summaries of the business conducted at each meeting.(2) To assess and determine best practices with respect to the analysis of climate security, including identifying publicly available information and intelligence acquired through clandestine means that enables such analysis.(3) To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security.(4) To assess and describe best practices for identifying and disseminating climate intelligence indications and warnings.(5) To recommend methods of incorporating analysis of climate security and the best practices identified under paragraphs (2) through (4) into existing analytic training programs.(6) To consult, as appropriate, with other elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security, for the purpose of sharing information about ongoing efforts and avoiding duplication of existing efforts.(7) To work with elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security—(A) to exchange appropriate data between such elements, establish processes, procedures and practices for the routine exchange of such data, discuss the implementation of such processes; and(B) to enable and facilitate the sharing of findings and analysis between such elements.(8) To assess whether the elements of the intelligence community that conduct analysis of climate change or climate security may inform the research direction of academic work and the sponsored work of the United States Government.(9) At the discretion of the chair of the Council, to convene conferences of analysts and nonintelligence community personnel working on climate change or climate security on subjects that the chair shall direct.
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(9) At the discretion of the chair of the Council, to convene conferences of analysts and nonintelligence community personnel working on climate change or climate security on subjects that the chair shall direct.
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(1) Not later than January 31, 2021, and not less frequently than annually thereafter, the chair of the Council shall submit, on behalf of the Council, to the congressional intelligence committees a report describing the activities of the Council as described in subsection (c) during the year preceding the year during which the report is submitted.
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(A) the Council fulfilling its duties and responsibilities under subsection (c); or
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(e) The Council shall terminate on December 31, 2024.
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(a) The Director of the Office of Defense Mobilization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this chapter, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Retired members of the uniformed services employed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensation, other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5, as determined by the appointing authority.
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(a) Not later than 180 days after December 20, 2019, the Director of the Defense Counterintelligence and Security Agency, which serves as the primary executive branch service provider for background investigations for eligibility for access to classified information, eligibility to hold a sensitive position, and for suitability and fitness for other matters 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), shall, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established under such executive order, submit to Congress a report on—(1) metrics for assessing the completeness and quality of packages for background investigations submitted by agencies requesting background investigations from the Defense Counterintelligence and Security Agency;(2) rejection rates of background investigation submission packages due to incomplete or erroneous data, by agency; and(3) best practices for ensuring full and complete information in background investigation requests.
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(b) Not later than 270 days after December 20, 2019, and not less frequently than once each year thereafter, the Security, Suitability, and Credentialing Performance Accountability Council shall submit to Congress a report on performance against the metrics and return rates identified in paragraphs (1) and (2) of subsection (a).
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(4) 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.
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(1) 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) 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.(B) 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.
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(A) 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.
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(3) 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).
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(a) Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.(2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.(3) Recommendations to improve the background investigation process by—(A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;(B) using remote techniques and centralized locations to support or replace field investigation work;(C) using secure and reliable digitization of information obtained during the clearance process;(D) building the capacity of the background investigation workforce; and(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
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(b) Not later than 180 days after December 20, 2019, the Security Executive Agent shall, in coordination with the members of the Council, establish the following:(1) A policy and implementation plan for the issuance of interim security clearances.(2) A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address—(A) prioritization of processing security clearances based on the mission the contractors will be performing;(B) standardization in the forms that agencies issue to initiate the process for a security clearance;(C) digitization of background investigation-related forms;(D) use of the polygraph;(E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”);(F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation;(G) tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector;(H) collection of timelines for movement of contractors across agencies and departments;(I) reporting on security incidents and job performance, consistent with section 552a of title 5 (commonly known as the “Privacy Act of 1974”), that may affect the ability to hold a security clearance;(J) any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and(K) portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance.(3) A strategy and implementation plan that—(A) provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk-based basis;(B) includes actions to assess the extent to which automated records checks and other continuous vetting methods may be used to expedite or focus reinvestigations; and(C) provides an exception to the requirement under subparagraph (A) for certain populations if the Security Executive Agent—(i) determines such populations require reinvestigations at regular intervals; and(ii) provides written justification to the appropriate congressional committees for any such determination.(4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant’s employment with a prior employer.(5) A policy for the use of certain background information on individuals collected by the private sector for background investigation purposes.(6) Uniform standards for agency continuous vetting programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
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(a) 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—(1) security clearances—(A) at the secret level are issued in 30 days or fewer; and(B) at the top secret level are issued in 90 days or fewer; and(2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
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(b) 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.
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(1) 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.
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(2) 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.
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(d) 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.
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(c) 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).
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(B) The opinions and requests of the National Security Council, the Director of National Intelligence, and the heads of other agencies.
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(a) There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the “Board”). The Board shall report to the President through the National Security Council.
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(viii) Where appropriate, supporting the Department’s leadership in engaging with the National Security Council.
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(3) “Government agency” means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government.
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(ii) obtain the services of a counsel appointed by and directly reporting to another Inspector General or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
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(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
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(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
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(D) the amount requested by the Director of National Intelligence for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (3)(C); and
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(g) The National Security Council shall periodically advise the Director of the Selective Service System and coordinate with him the work of such State and local volunteer advisory committees which the Director of Selective Service may establish, with respect to the identification, selection, and deferment of needed professional and scientific personnel and those engaged in, and preparing for, critical skills and other essential occupations. In the performance of its duties under this subsection the National Security Council shall consider the needs of both the Armed Forces and the civilian segment of the population.
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(B) the Chairperson of the Council of Economic Advisors.
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(2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces.
Citations to §3352(5)
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(6) To review and approve the policies of the Federal agencies that ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, and to act as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility.
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(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity;
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(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);
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(4) 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.
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(iii) A discussion of efforts to address reciprocity and portability.
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(6) Uniform standards for agency continuous vetting programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
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(2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
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(1) identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such department or agency; and
Citations to §3352(6)
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(a) The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States.
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(b) The duties of the Security Executive Agent are as follows:(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency.(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section.(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position.(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable.(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order No. 12968 (50 U.S.C. 3161 note; relating to access to classified information).(6) To review and approve the policies of the Federal agencies that ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, and to act as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility.(7) To execute all other duties assigned to the Security Executive Agent by law.
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(7) To execute all other duties assigned to the Security Executive Agent by law.
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(c) The Security Executive Agent shall—(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity;(2) have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary;(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate;(4) define and set standards for continuous vetting for continued access to classified information and for eligibility to hold a sensitive position; and(5) issue guidelines and instructions to the heads of Federal agencies to ensure that any individual who was appointed by the President to a position in an element of the intelligence community but is no longer employed by the Federal Government shall maintain a security clearance only in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information), or successor order.
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(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate;
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(1) The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to section 3162a of this title.
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(c) Not later than 90 days after December 20, 2019, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners.
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(4) 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.
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(a) Not later than 180 days after December 20, 2019, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.(2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.(3) Recommendations to improve the background investigation process by—(A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;(B) using remote techniques and centralized locations to support or replace field investigation work;(C) using secure and reliable digitization of information obtained during the clearance process;(D) building the capacity of the background investigation workforce; and(E) replacing periodic reinvestigations with continuous vetting techniques in all appropriate circumstances.
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(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.
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(b) Not later than 180 days after December 20, 2019, the Security Executive Agent shall, in coordination with the members of the Council, establish the following:(1) A policy and implementation plan for the issuance of interim security clearances.(2) A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address—(A) prioritization of processing security clearances based on the mission the contractors will be performing;(B) standardization in the forms that agencies issue to initiate the process for a security clearance;(C) digitization of background investigation-related forms;(D) use of the polygraph;(E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”);(F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation;(G) tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector;(H) collection of timelines for movement of contractors across agencies and departments;(I) reporting on security incidents and job performance, consistent with section 552a of title 5 (commonly known as the “Privacy Act of 1974”), that may affect the ability to hold a security clearance;(J) any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and(K) portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance.(3) A strategy and implementation plan that—(A) provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk-based basis;(B) includes actions to assess the extent to which automated records checks and other continuous vetting methods may be used to expedite or focus reinvestigations; and(C) provides an exception to the requirement under subparagraph (A) for certain populations if the Security Executive Agent—(i) determines such populations require reinvestigations at regular intervals; and(ii) provides written justification to the appropriate congressional committees for any such determination.(4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant’s employment with a prior employer.(5) A policy for the use of certain background information on individuals collected by the private sector for background investigation purposes.(6) Uniform standards for agency continuous vetting programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
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(E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”);
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(C) provides an exception to the requirement under subparagraph (A) for certain populations if the Security Executive Agent—(i) determines such populations require reinvestigations at regular intervals; and(ii) provides written justification to the appropriate congressional committees for any such determination.
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(a) The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that, with respect to the period covered by the report—(1) identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such department or agency; and(2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays.
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(b) Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
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(1) 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.
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(b) 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.
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(1) 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.
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(B) 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.
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(1) 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.
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(B) 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.
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(g) 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.
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(1) 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.
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(2) Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—(A) review the standards established pursuant to paragraph (1); and(B) pursuant to such review—(i) update such standards as the President considers appropriate; and(ii) publish in the Federal Register such updates as may be made pursuant to clause (i).
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(1) 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).
Citations to §3352(7)
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(1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Suitability and Credentialing Executive Agent and the Security Executive Agent appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.
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(1) 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.
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(b) 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.
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(1) 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.
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(B) 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.
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(1) 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.
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(B) 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.
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(g) 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.
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(1) 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.
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(2) Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent—(A) review the standards established pursuant to paragraph (1); and(B) pursuant to such review—(i) update such standards as the President considers appropriate; and(ii) publish in the Federal Register such updates as may be made pursuant to clause (i).
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(1) 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).