Sec. 2. Security clearance process reform plan
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Not later than 6 months after the date of enactment of this Act, the President shall submit a strategic plan to the appropriate congressional committees to improve security clearance and background investigation activities carried out by the Federal Government. The plan submitted under subsection
(a)shall— develop and establish a continuous evaluation or monitoring system that shall— on a continual basis, access Federal, State, and local government and commercially available information, including financial credit history, currency transactions, court records, traffic violations, arrest records, terrorist and criminal watch lists, foreign travel, and online social media; provide real-time updates or notifications with respect to information relevant to adjudication guidelines concerning whether a cleared individual is eligible for such individual’s security clearance; and reduce or eliminate the scope or schedule of any periodic reinvestigation of a cleared individual; ensure that— the background of each cleared individual is monitored on a continual basis; and any covered individual who is not a cleared individual is not subject to continuous evaluation or monitoring; ensure the effective, efficient, and timely completion of background investigations relating to a covered individual’s eligibility for a security clearance; improve procedures to require information sharing between agencies concerning— potentially derogatory security information regarding a covered individual that may impact the eligibility of any such individual for a security clearance; and adjudications with respect to any covered individual; enhance cooperation and information sharing between any State or local law enforcement agency and any agency; enhance methods for reducing or eliminating manual processes with respect to security clearance background investigations, and automating and integrating the elements of such investigations and adjudication processes, including— the security clearance application process; field investigator reporting; investigation case management; the collection, analysis, storage, retrieval, and transfer of data and records; the submission of any background investigation report to an agency for adjudication; and records management for security clearance adjudication determinations; reduce or eliminate the use of databases and information sources that cannot be accessed and processed electronically, or modify such databases and information sources to enable electronic access and processing; increase the use of digitally processed fingerprints as a substitute for ink or paper prints to reduce error rates and improve portability of data; develop Federal Government-wide performance measures, based on the Federal Investigative Standards (as promulgated by the Director and the Director of National Intelligence), to measure the quality of background investigations conducted by the Federal Government; require that, with respect to any background investigation activities, a Federal employee conducts— any final quality or integrity assurance review conducted by an agency of a background investigation; any interview of a covered individual with respect to a background investigation; and any background investigation of a covered individual to determine the person’s eligibility for a security clearance at the Top Secret level or higher; develop procedures that ensure that any information collected pursuant to the plan with respect to a covered individual, including information collected from online social media, shall be verified for authenticity; and provide a detailed description of the estimated costs of implementing the plan. The President may select at least one agency to develop or implement the plan required under this section. In the preceding sentence, the term agency means— any agency as that term is defined in section 6(1), but does not include any military department (as that term is defined in section 102 of title 5, United States Code); or the Suitability and Security Clearance Performance Accountability Council (as established by Executive Order No. 13467). The plan required under this section may require different levels of continuous evaluation scrutiny with respect to Confidential, Secret, or Top Secret or higher security clearances. In carrying out the requirements of this section, the President may incorporate or enhance any systems or databases operated by the Federal Government, including the database established under section 3001(e) of Public Law 108–458 . The President shall fully implement the plan required under this section not later than 1 year after the date of submission of such plan to the appropriate congressional committees.
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- Pub. L. 108-458
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