Security Clearance Portability for Departing Servicemembers Act of 2022

To direct the Secretary of Defense to make certain improvements relating to security clearances for recently separated members of the Armed Forces and retired civilian employees of the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Security Clearance Portability for Departing Servicemembers Act of 2022 2. Security clearances for recently separated members of the Armed Forces and retired civilian employees of the Department of Defense (a) Improvements Except as provided in subsection (b), beginning on the date on which a covered individual separates from the Armed Forces or retires from the Department of Defense (as the case may be), if the Secretary of Defense determines that the covered individual held a security clearance immediately prior to such separation or retirement and requires a security clearance of an equal or lower level for employment as a covered contractor, the Secretary shall— (1) during the one-year period following such date, treat the previously held security clearance as an active security clearance for purposes of such employment; and (2) during the two-year period following the conclusion of the period specified in paragraph (1), ensure that the adjudication of any request submitted by the covered employee for the reactivation of the previously held security clearance for purposes of such employment is completed by not later than 180 days after the date of such submission. (b) Exceptions (1) In general Subsection (a) shall not apply with respect to a former member of the Armed Forces— (A) who separated from the Armed Forces under other than honorable conditions; or (B) whose previously held security clearance is, or was as of the date of separation of the former member, under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated. (2) Clarification of review exception The exception specified in paragraph (1)(B) 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 (2) The term covered individual (3) The term intelligence community 50 U.S.C. 3003

Summary: Security Clearance Portability for Departing Servicemembers Act of 2022 This bill addresses the security clearance of former members of the Armed Forces or former civilian employees of the Department of Defense (DOD) after separation or retirement who require security clearance for employment as covered DOD contractors. Specifically, during the one-year period following the separation or retirement, DOD must treat the previously held security clearance as an active clearance for purposes of former members or employees retaining employment with covered DOD contractors. During the two-year period following that year, DOD must ensure the adjudication of any request submitted by such employee for reactivation of a previously held security clearance for purposes of employment is completed not later than 180 days after the date of submission.