Sec. 1504. Intelligence community reports on security clearances
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It is the sense of Congress that— despite sustained efforts by Congress and the executive branch, an unacceptable backlog in processing and adjudicating security clearances persists, both within elements of the intelligence community and in other departments of the Federal Government, with some processing times exceeding a year or even more; the protracted clearance timetable threatens the ability of elements of the intelligence community to hire and retain highly qualified individuals, and thus to fulfill the missions of such elements; the prospect of a lengthy clearance process deters some such individuals from seeking employment with the intelligence community in the first place, and, when faced with a long wait time, those with conditional offers of employment may opt to discontinue the security clearance process and pursue different opportunities; now more than ever, therefore, the broken security clearance process badly needs fundamental reform; in the meantime, to ensure the ability of elements of the intelligence community to hire and retain highly qualified personnel, elements should consider, to the extent possible and consistent with national security, permitting new employees to enter on duty immediately or nearly so, and to perform, on a temporary basis pending final adjudication of their security clearances, work that either does not require a security clearance or requires only a low-level interim clearance; and an immediate review of a clearance may be triggered when a security clearance holder is reported to have engaged in violent acts against individuals, property, or public spaces based on the security clearance holder’s association or sympathy with persons or organizations that advocate, threaten, or use force or violence, or any other illegal or unconstitutional means, in an effort to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, based on factors including, at a minimum, race, religion, national origin, or disability.
Section 506H of the National Security Act of 1947 ( 50 U.S.C. 3104 ) is amended— in subsection (a)(1)— in subparagraph (A)(ii), by inserting and after the semicolon; in subparagraph (B)(ii), by striking ; and and inserting a period; and by striking subparagraph (C); by redesignating subsection
(b)as subsection (c); by inserting after subsection
(a)the following new subsection (b): Not later than March 1 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the security clearances processed by each element of the intelligence community during the preceding fiscal year. Each such report shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element. Each report submitted under paragraph
(1)shall include each of the following for each element of the intelligence community for the fiscal year covered by the report: The total number of initial security clearance background investigations sponsored for new applicants. The total number of security clearance periodic reinvestigations sponsored for existing employees. The total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant, including— the total number that were adjudicated favorably and granted access to classified information; and the total number that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including— the total number that were adjudicated favorably; and the total number that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance. The total number of pending security clearance background investigations, including initial applicant investigations and periodic reinvestigations, that were not adjudicated as of the last day of such year and that remained pending as follows: For 180 days or less. For 180 days or longer, but less than 12 months. For 12 months or longer, but less than 18 months. For 18 months or longer, but less than 24 months. For 24 months or longer. In the case of security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to complete— an explanation of the causes for the delays incurred during the period covered by the report; and the number of such delays involving a polygraph requirement. The percentage of security clearance investigations, including initial and periodic reinvestigations, that resulted in a denial or revocation of a security clearance. The percentage of security clearance investigations that resulted in incomplete information. The percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information. The report required under this subsection shall be submitted in unclassified form, but may include a classified annex. ; and in subsection (c), as redesignated by paragraph (2), by striking subsection (a)(1) and inserting subsections (a)(1) and
(b).
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Sec. 1504
Intelligence community reports on security clearances
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