Sec. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE
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## SEC. 7 REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE ###
(a)Definitions In this section— ####
(1)the term “agency” has the meaning given the term in Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto; ####
(2)the term “appropriate congressional committees” means— #####
(A)the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and #####
(B)the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; ####
(3)the term “background investigation” means any investigation required for the purpose of determining the— #####
(A)eligibility of a covered individual for logical and physical access to Federally controlled facilities or information systems; #####
(B)suitability or fitness of a covered individual for Federal employment; #####
(C)eligibility of a covered individual for access to classified information or to hold a national security sensitive position; or #####
(D)fitness of a covered individual to perform work for or on behalf of the United States Government as a contractor employee; and ####
(4)the term “covered individual”— #####
(A)means a person who performs work for or on behalf of the executive branch or seeks to perform work for or on behalf of the executive branch; #####
(B)is not limited to Federal employees; #####
(C)includes all persons, not excluded under subparagraph (D), who require eligibility for access to classified information or eligibility to hold a sensitive position, including, but not limited to, contractors, subcontractors, licensees, certificate holders, grantees, experts, consultants, and government employees; and #####
(D)does not include— ######
(i)the President; ######
(ii)employees of the President under section 105 or 107 of title 3, United States Code (except to the extent otherwise directed by the President); ######
(iii)the Vice President; or ######
(iv)employees of the Vice President under section 106 of title 3, United States Code, or an annual legislative branch appropriations Act (except to the extent otherwise directed by the Vice President). ###
(b)Review and Updating ####
(1)Initial review and update of guidance Not later than 180 days after the date of enactment of this Act, the Director and the Director of the Office shall review and make recommendations to Congress and the President as appropriate to issue guidance to assist agencies in determining— #####
(A)position sensitivity designation; and #####
(B)the appropriate background investigation to initiate for each position designation. ####
(2)Reviews and revisions of position designations Not less frequently than every 4 years, the President, acting through relevant agencies (as determined by the President) and in accordance with the guidance described in paragraph (1), shall review and, if necessary, revise the position designation of positions within agencies. ###
(c)Reports to Congress Not later than 30 days after completing a review under subsection (b)(2), the President shall submit to the appropriate congressional committees a report on— ####
(1)any issues identified in the review; and ####
(2)the number of position designations revised as a result of the review. ###
(d)No Change in Authority Nothing in this section limits or expands the authority of any agency to designate a position as sensitive or as requiring its occupant to have access to classified information.
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- 73 FR 38103
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Sec. 7
REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE
Fed. Reg.73 FR 38103
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