Sec. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
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## SEC. 1045 SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE **[**[10 U.S.C. 1564 note](/us/usc/t10/s1564)**]** ###
(a)Improvements ####
(1)In general No later than September 30, 2023, the Secretary of Defense, in coordination with the Director of National Intelligence when acting as the Security Executive Agent, shall establish a process to— #####
(A)determine, on the date on which a covered individual separates from the Armed Forces or the Department of Defense (as the case may be), whether the covered individual held an eligibility to access classified information or to occupy a sensitive position immediately prior to such separation and requires an eligibility of an equal or lower level for employment as a covered contractor, except as provided in subsection (b); #####
(B)ensure that the re-establishment of trust of a covered individual’s eligibility to occupy a sensitive position takes place expeditiously, in accordance with applicable laws, Executive Orders, or Security Executive Agent policy; and #####
(C)ensure that any additional security processing required to re-establish trust to reinstate a covered individual’s eligibility to access classified information or occupy a sensitive position takes place expeditiously. ####
(2)Coast guard In the case of a member of the Armed Forces who is a member of the Coast Guard, the Secretary of Defense shall carry out paragraph
(1)in consultation with the Secretary of the Department in which the Coast Guard is operating. ###
(b)Exceptions ####
(1)In general Subsection
(a)shall not apply with respect to a covered individual— #####
(A)whose previously held security clearance is, or was as of the date of separation of the covered individual, under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated; or #####
(B)in the case of a member of the Armed Forces, who separated from the Armed Forces under other than honorable conditions. ####
(2)Clarification of review exception The exception specified in paragraph (1)(A) shall not apply with respect to a routine periodic reinvestigation or a continuous vetting investigation in which no potentially disqualifying factors or conditions have been found. ###
(c)Definitions In this section: ####
(1)The term “covered contractor” means an individual who is employed by an entity that carries out work under a contract with the Department of Defense or an element of the intelligence community. ####
(2)The term “covered individual” means a former member of the Armed Forces or a former civilian employee of the Department of Defense. ####
(3)The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
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Sec. 1045
SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
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