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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 6813

Sec. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER TRUSTED WORKFORCE 2.0 INITIATIVE

1,059 words·~5 min read·/statute-compilations/comps-17475/sec-6813

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## SEC. 6813 REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER TRUSTED WORKFORCE 2.0 INITIATIVE ###
(a)Definitions In this section: ####
(1)Authorized adjudicative agency; authorized investigative agency; personnel security investigation; periodic reinvestigation The terms “authorized adjudicative agency”, “authorized investigative agency”, “personnel security investigation”, and “periodic reinvestigation” have the meanings given those terms in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)). ####
(2)Continuous vetting; council; security executive agent The terms “continuous vetting”, “Council”, and “Security Executive Agent” have the meanings given those terms in section 6601 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352). ###
(b)Reports Not later than September 30, 2023, and annually thereafter until September 30, 2027, the Security Executive Agent, in coordination with the Chair and other Principals of the Council, shall submit to Congress a report on the personnel vetting processes of the United States Government. ###
(c)Elements Each report under subsection
(b)shall include, with respect to the preceding fiscal year, the following: ####
(1)An analysis of the timeliness, costs, and other related information for the initiations, investigations (including initial investigations and any required periodic reinvestigations), and adjudications for personnel vetting purposes. Such analysis shall include the following: #####
(A)The average periods of time taken (from the date of an agency’s receipt of a completed security clearance application to the date of the ultimate disposition and notification to the subject and the employer of the subject) by each authorized investigative agency and authorized adjudicative agency, to the greatest extent practicable, to initiate investigations, conduct investigations, and adjudicate security clearances, as compared with established timeliness objectives. #####
(B)The number of initial investigations and periodic reinvestigations initiated and adjudicated by each authorized investigative agency and authorized adjudicative agency, to the extent practicable. #####
(C)The number of initial investigations and periodic reinvestigations carried over to the fiscal year covered by the report from a prior fiscal year by each authorized investigative agency and authorized adjudicative agency, to the greatest extent practicable. #####
(D)The number of initial investigations and periodic reinvestigations that resulted in a denial or revocation of a security clearance by each authorized adjudicative agency. #####
(E)The costs to the executive branch relating to personnel security clearance initiations, investigations, adjudications, revocations, and continuous vetting with respect to such clearances. #####
(F)A discussion of any impediments, including with respect to resources, personnel, or authorities, to the timely processing of personnel security clearances. #####
(G)The number of individuals who hold a personnel security clearance and are enrolled in a program of continuous vetting with respect to such clearance, and the numbers and types of adverse actions taken by each authorized adjudicative agency as a result of such continuous vetting. #####
(H)The number of personnel security clearances awaiting or under investigation (including initial investigation and periodic reinvestigation) by the Director of the Defense Counterintelligence and Security Agency and each authorized investigative agency. #####
(I)Such other information as the Security Executive Agent may determine appropriate, including any recommendations to improve the effectiveness, timeliness, and efficiency of personnel security clearance initiations, investigations, and adjudications. ####
(2)An analysis of the status of the implementation of the Trusted Workforce 2.0 initiative sponsored by the Council, including the following: #####
(A)A list of the policies issued by the Council for the Trusted Workforce 2.0 initiative, and a list of expected issuance dates for planned policies of the Council for such initiative. #####
(B)A list of the departments and agencies of the executive branch that have identified a senior implementation official to be accountable for the implementation of the Trusted Workforce 2.0 initiative, in accordance with the memorandum on transforming Federal personnel vetting issued by the Assistant to the President for National Security Affairs on December 14, 2021, including an identification of the position of such senior implementation official within the respective department or agency. #####
(C)A list of the departments and agencies of the executive branch that have submitted implementation plans, and subsequent progress reports, with respect to the Trusted Workforce 2.0 initiative, as required by the memorandum specified in subparagraph (B). #####
(D)A summary of the progress that the departments and agencies of the executive branch have made implementing the Trusted Workforce 2.0 initiative. ####
(3)An analysis of the transfers between, and reciprocal recognition among, the heads of the departments and agencies of the executive branch of security clearance background investigations and determinations and other investigations and determinations relating to personnel vetting (including with respect to trust, suitability, fitness, credentialing, and access). Such analysis shall include, with respect to such investigations and determinations, the following: #####
(A)The number of employees for whom a prior such investigation or determination was recognized and accepted by the head of a department or agency without the head requiring additional investigative or adjudicative steps, disaggregated by department or agency, to the greatest extent practicable. #####
(B)The number of employees for whom a prior such investigation or determination was not recognized or accepted by the head of a department or agency without the head requiring additional investigative or adjudicative steps, disaggregated by department or agency, to the greatest extent practicable. #####
(C)The reasons most frequently cited by such heads for the failure to recognize or accept a prior such investigation or determination, disaggregated by department or agency. #####
(D)The average number of days for the head of a department or agency to recognize and accept a prior such investigation or determination (from the date the head initiates the process to consider the prior investigation or determination for recognition and acceptance, to the date the head makes a final determination on such recognition and acceptance), disaggregated by agency, to the greatest extent practicable. ####
(4)A discussion of any impediments, constraints, and opportunities relating to— #####
(A)the timeliness of the personnel security clearance process across the United States Government; #####
(B)the implementation of the Trusted Workforce 2.0 initiative; #####
(C)the transfer and reciprocal recognition of determinations relating to personnel vetting between and among departments and agencies; and #####
(D)the completeness and provision of data from elements of the intelligence community, pursuant to paragraphs (1), (2), and
(3)of this subsection.
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Sec. 6813
REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER TRUSTED WORKFORCE 2.0 INITIATIVE
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