Title 50 — War and National Defense
Chapter 44 — National Security
§ 3104. Reports on security clearances
Statutory text
Report on security clearance determinations
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—
the number of employees of the United States Government who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year; and
the number of contractors to the United States Government who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year.
For purposes of paragraph (1), the President may consider—
security clearances at the level of confidential and secret as one security clearance level; and
security clearances at the level of top secret or higher as one security clearance level.
Intelligence community reports
Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year.
The Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report submitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense.
Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element.
Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following:
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 of such adjudications that were adjudicated favorably and granted access to classified information; and
the total number of such adjudications 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 of such adjudications that were adjudicated favorably; and
the total number of such adjudications 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, categorized as follows:
For 180 days or shorter.
For longer than 180 days, but shorter than 12 months.
For 12 months or longer, but shorter than 18 months.
For 18 months or longer, but shorter than 24 months.
For 24 months or longer.
For any 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.
Form
The reports required under subsections (a)(1) and (b) shall be submitted in unclassified form, but may include a classified annex.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Intelligence Authorization Act for Fiscal Year 2010
Pub. L. 111–259 title III § 367(a)(1)(A) · 124 Stat. 2654
Enacted · 50 U.S.C. § 3104
July 26, 1947, ch. 343, title V, § 506H, as added Pub. L. 111–259, title III, § 367(a)(1)(A), Oct. 7, 2010, 124 Stat. 2703
Source evidence
Code source credit
July 26, 1947, ch. 343, title V, § 506H, as added Pub. L. 111–259, title III, § 367(a)(1)(A), Oct. 7, 2010, 124 Stat. 2703Enacted provision · exact public law section
(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. 506 “reports on security clearances H. President. 50 USC 415a–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.” .Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016
Pub. L. 114–113 § 701(a)(1) · 129 Stat. 2242
Redesignated · 50 U.S.C. § 3104(a)
Pub. L. 114–113, § 701(a)(1), (2), redesignated subsec. (b) as (a)
Struck · 50 U.S.C. § 3104(a)
Pub. L. 114–113, § 701(a)(1), (2), struck out former subsec. (a) which related to quadrennial audit of position requirements
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–113, § 701(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which related to quadrennial audit of position requirements.Enacted provision · exact public law section
Sec. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided, That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety.Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016
Pub. L. 114–113 § 701(a)(2) · 129 Stat. 2242
Redesignated · 50 U.S.C. § 3104(b); 50 U.S.C. § 3104(c)
Pub. L. 114–113, § 701(a)(2), (3), redesignated subsec. (c) as (b)
Redesignated · 50 U.S.C. § 3104(b); 50 U.S.C. § 3104(c)
Pub. L. 114–113, § 701(a)(2), (3), substituted “The reports required under subsection (a)(1)” for “The results required under subsection (a)(2) and the reports required under subsection (b)(1)”. Former subsec. (b) redesignated (a)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 114–113, § 701(a)(2), (3), redesignated subsec. (c) as (b) and substituted “The reports required under subsection (a)(1)” for “The results required under subsection (a)(2) and the reports required under subsection (b)(1)”. Former subsec. (b) redesignated (a).Enacted provision · exact public law section
Sec. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided, That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety.Public Law not identified
Redesignated · 50 U.S.C. § 3104(c)
Subsec. (c). Pub L. 116–92, § 6609(b)(2), (4), redesignated subsec. (b) as (c)
Substituted · 50 U.S.C. § 3104(c)
Subsec. (c). Pub L. 116–92, § 6609(b)(2), (4), substituted “subsections (a)(1) and (b)” for “subsection (a)(1)”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Pub L. 116–92, § 6609(b)(2), (4), redesignated subsec. (b) as (c) and substituted “subsections (a)(1) and (b)” for “subsection (a)(1)”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 6609(b)(1) · 133 Stat. 1198
Struck · 50 U.S.C. § 3104(a)(1)(C)
Pub. L. 116–92, § 6609(b)(1), struck out subpar. (C) which related to security clearance investigations and determinations for each element of the intelligence community
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 116–92, § 6609(b)(1), struck out subpar. (C) which related to security clearance investigations and determinations for each element of the intelligence community.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 6609(b)(3) · 133 Stat. 1198
Redesignated · 50 U.S.C. § 3104(b)
Pub. L. 116–92, § 6609(b)(3), added subsec. (b). Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–92, § 6609(b)(3), added subsec. (b). Former subsec. (b) redesignated (c).
5 of 9 references resolved to an enrolled provision · 2 partial · 2 unresolved
Editorial Notes
Codification
Section was formerly classified to section 415a–10 of this title prior to editorial reclassification and renumbering as this section.
Amendments2015–2019 · 2 rounds
2019
Subsec. (a)(1)(C). Pub. L. 116–92, § 6609(b)(1), struck out subpar. (C) which related to security clearance investigations and determinations for each element of the intelligence community.
Subsec. (b). Pub. L. 116–92, § 6609(b)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub L. 116–92, § 6609(b)(2), (4), redesignated subsec. (b) as (c) and substituted “subsections (a)(1) and (b)” for “subsection (a)(1)”.
2015
Subsec. (a). Pub. L. 114–113, § 701(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which related to quadrennial audit of position requirements.
Subsecs. (b), (c). Pub. L. 114–113, § 701(a)(2), (3), redesignated subsec. (c) as (b) and substituted “The reports required under subsection (a)(1)” for “The results required under subsection (a)(2) and the reports required under subsection (b)(1)”. Former subsec. (b) redesignated (a).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
Initial Audit
Pub. L. 111–259, title III, § 367(a)(1)(B), , 124 Stat. 2704, provided that: “The first audit required to be conducted under section 506H(a)(1) of the National Security Act of 1947 [50 U.S.C. 3104(a)(1)], as added by subparagraph (A) of this paragraph, shall be completed not later than .”
Credits
1947–2019 · 3 acts
- 1947July 26, 1947, ch. 343, title V, § 506H, as added Pub. L. 111–259, title III, § 367(a)(1)(A), , 124 Stat. 2703
- 2015amended Pub. L. 114–113, div. M, title VII, § 701(a), , 129 Stat. 2929
- 2019Pub. L. 116–92, div. E, title LXVI, § 6609(b), , 133 Stat. 2217.
Show as published
(July 26, 1947, ch. 343, title V, § 506H, as added Pub. L. 111–259, title III, § 367(a)(1)(A), , 124 Stat. 2703; amended Pub. L. 114–113, div. M, title VII, § 701(a), , 129 Stat. 2929; Pub. L. 116–92, div. E, title LXVI, § 6609(b), , 133 Stat. 2217.)