50 U.S.C. § 3104
Section 3104 · Reports on security clearances
Current version, with additions and removals from the December 18, 2015 version.
(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—
(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—
(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
(i) held a security clearance at such level as of October 1 of the preceding year; and
(B) the number of contractors to the United States Government who—
(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
(i) held a security clearance at such level as of October 1 of the preceding 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;
(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.
(1)(A) 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.
(B) 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.
(C) Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element.
(2) 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:
(A) The total number of initial security clearance background investigations sponsored for new applicants.
(B) The total number of security clearance periodic reinvestigations sponsored for existing employees.
(C) 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—
(i) the total number of such adjudications that were adjudicated favorably and granted access to classified information; and
(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance.
(D) The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including—
(i) the total number of such adjudications that were adjudicated favorably; and
(ii) the total number of such adjudications that were adjudicated unfavorably and resulted in a denial or revocation of a security clearance.
(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;
(i) For 180 days or shorter.
(ii) For longer than 180 days, but shorter than 12 months.
(iii) For 12 months or longer, but shorter than 18 months.
(iv) For 18 months or longer, but shorter than 24 months.
(v) For 24 months or longer.
(F) 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—
(i) an explanation of the causes for the delays incurred during the period covered by the report; and
(ii) the number of such delays involving a polygraph requirement.
(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.
(3) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.