Sec. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY
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## SEC. 367 SECURITY CLEARANCES: REPORTS; RECIPROCITY ###
(a)Reports Relating to Security Clearances ####
(1)Quadrennial audit; security clearance determinations #####
(A)In general Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 325 of this Act, is further amended by inserting after section 506G, as added by section 325(a), the following new section: > > ## “SEC. 506H REPORTS ON SECURITY CLEARANCES > > **[**[50 U.S.C. 415a-10](/us/usc/t50/s415a-10)**]** > >
(a)Quadrennial Audit of Position Requirements.—(1) The President shall every four years conduct an audit of the manner in which the executive branch determines whether a security clearance is required for a particular position in the United States Government. > > > #### “(2) > > Not later than 30 days after the completion of an audit conducted under paragraph (1), the President shall submit to Congress the results of such audit. > > > ### “(b) Report on Security Clearance Determinations > > > ####
(1)> > Not later than February 1 of each year, the President shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level— > > > ##### “(A) > > the number of employees of the United States Government who— > > > ###### “(i) > > held a security clearance at such level as of October 1 of the preceding year; and > > > ###### “(ii) > > were approved for a security clearance at such level during the preceding fiscal year; > > > ##### “(B) > > the number of contractors to the United States Government who— > > > ###### “(i) > > held a security clearance at such level as of October 1 of the preceding year; and > > > ###### “(ii) > > were approved for a security clearance at such level during the preceding fiscal year; and > > > ##### “(C) > > for each element of the intelligence community— > > > ###### “(i) > > the total amount of time it took to process the security clearance determination for such level that— > > > ###### “(I) > > was among the 80 percent of security clearance determinations made during the preceding fiscal year that took the shortest amount of time to complete; and > > > ###### “(II) > > took the longest amount of time to complete; > > > ###### “(ii) > > the total amount of time it took to process the security clearance determination for such level that— > > > ###### “(I) > > was among the 90 percent of security clearance determinations made during the preceding fiscal year that took the shortest amount of time to complete; and > > > ###### “(II) > > took the longest amount of time to complete; > > > ###### “(iii) > > the number of pending security clearance investigations for such level as of October 1 of the preceding year that have remained pending for— > > > ###### “(I) > > 4 months or less; > > > ###### “(II) > > between 4 months and 8 months; > > > ###### “(III) > > between 8 months and one year; and > > > ###### “(IV) > > more than one year; > > > ###### “(iv) > > the percentage of reviews during the preceding fiscal year that resulted in a denial or revocation of a security clearance; > > > ###### “(v) > > the percentage of investigations during the preceding fiscal year that resulted in incomplete information; > > > ###### “(vi) > > the percentage of investigations during the preceding fiscal year that did not result in enough information to make a decision on potentially adverse information; and > > > ###### “(vii) > > for security clearance determinations completed or pending during the preceding fiscal year that have taken longer than one year to complete— > > > ###### “(I) > > the number of security clearance determinations for positions as employees of the United States Government that required more than one year to complete; > > > ###### “(II) > > the number of security clearance determinations for contractors that required more than one year to complete; > > > ###### “(III) > > the agencies that investigated and adjudicated such determinations; and > > > ###### “(IV) > > the cause of significant delays in such determinations. > > > #### “(2) > > For purposes of paragraph (1), the President may consider— > > > ##### “(A) > > security clearances at the level of confidential and secret as one security clearance level; and > > > ##### “(B) > > security clearances at the level of top secret or higher as one security clearance level. > > > ### “(c) Form > > The results required under subsection (a)(2) and the reports required under subsection (b)(1) shall be submitted in unclassified form, but may include a classified annex.” > . #####
(B)Initial audit **[**[50 U.S.C. 3104 note](/us/usc/t50/s3104)**]** The first audit required to be conducted under section 506H(a)(1) of the National Security Act of 1947, as added by subparagraph
(A)of this paragraph, shall be completed not later than February 1, 2011. #####
(C)Table of contents amendment The table of contents in the first section of such Act, as amended by section 347(i) of this Act, is further amended by inserting after the item relating to section 506G, as added by section 325 of this Act, the following new item:" “Sec. 506H. Reports on security clearances.” ". ####
(2)Report on metrics for adjudication quality Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on security clearance investigations and adjudications. Such report shall include— #####
(A)United States Government-wide adjudication guidelines and metrics for adjudication quality; #####
(B)a plan to improve the professional development of security clearance adjudicators; #####
(C)metrics to evaluate the effectiveness of interagency clearance reciprocity; #####
(D)United States Government-wide investigation standards and metrics for investigation quality; and #####
(E)the advisability, feasibility, counterintelligence risk, and cost effectiveness of— ######
(i)by not later than January 1, 2012, requiring the investigation and adjudication of security clearances to be conducted by not more than two Federal agencies; and ######
(ii)by not later than January 1, 2015, requiring the investigation and adjudication of security clearances to be conducted by not more than one Federal agency. ###
(b)Security Clearance Reciprocity ####
(1)Audit The Inspector General of the Intelligence Community shall conduct an audit of the reciprocity of security clearances among the elements of the intelligence community. ####
(2)Report Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report containing the results of the audit conducted under paragraph (1). Such report shall include an assessment of the time required to obtain a reciprocal security clearance for— #####
(A)an employee of an element of the intelligence community detailed to another element of the intelligence community; #####
(B)an employee of an element of the intelligence community seeking permanent employment with another element of the intelligence community; and #####
(C)a contractor seeking permanent employment with an element of the intelligence community. ####
(3)Form The report required under paragraph
(2)shall be submitted in unclassified form, but may include a classified annex.
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