50 U.S.C. § 3352f (WAR AND NATIONAL DEFENSE)
§ 3352f. Information-sharing program for positions of trust and security clearances
(a) Program required
(1) In general
Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
(2) Designation
The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
(b) Privacy safeguards
The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
(c) Provision of information to the Federal Government
The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered through private-sector means during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
(d) Information and records
The information and records considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
(e) Implementation plan
(1) In general
Not later than 90 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program.
(2) Elements
The plan required by paragraph (1) shall include the following:
(A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
(B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program.
(f) Plan for pilot program on two-way information sharing
(1) In general
Not later than 180 days after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
(2) Elements
The plan required by paragraph (1) shall include the following:
(A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
(B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program.
(g) Review
Not later than 1 year after December 20, 2019, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
(Pub. L. 116–92, div. E, title LXVI, § 6611, Dec. 20, 2019, 133 Stat. 2218.)
heading: Statutory Notes and Related Subsidiaries
heading: Trusted Information Provider Program for National Security Positions and Positions of Trust
text: Pub. L. 115–232, div. A, title IX, § 941, Aug. 13, 2018, 132 Stat. 1941, provided that:
“(a) Program Required.—
Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Security Executive Agent and the Suitability/Credentialing Executive Agent shall establish and implement a program (to be known as the ‘Trusted Information Provider Program’) to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
“(b) Privacy Safeguards.—
The Security Executive Agent and the Suitability/Credentialing Executive Agent shall ensure that the program required by subsection (a) includes such safeguards for privacy as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate.
“(c) Provision of Information to the Federal Government.—
The program required by subsection (a) shall include requirements that enable Investigative Service Providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
“(d) Information and Records.—
The information and records considered under the program required by subsection (a) shall include the following:
“(1) Date and place of birth.
“(2) Citizenship or immigration and naturalization information.
“(3) Education records.
“(4) Employment records.
“(5) Employment or social references.
“(6) Military service records.
“(7) State and local law enforcement checks.
“(8) Criminal history checks.
“(9) Financial records or information.
“(10) Foreign travel, relatives or associations.
“(11) Social media checks.
“(12) Any other information or records relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
“(e) Implementation Plan.—
“(1) In general.—
Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Security Executive Agent and the Suitability/Credentialing Executive Agent shall jointly submit to Congress a plan for the implementation of the program required by subsection (a).
“(2) Elements.—
The plan required by paragraph (1) shall include the following:
“(A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
“(B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate to carry out or improve the program.
“(f) Definitions.—
In this section:
“(1) The term ‘Security Executive Agent’ means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).
“(2) The term ‘Suitability/Credentialing Executive Agent’ means the Director of the Office of Personnel Management acting as the Suitability/Credentialing Executive Agent in accordance with Executive Order 13467.”
heading: Definitions
text: For definitions of “Security Executive Agent”, “Suitability and Credentialing Executive Agent”, “appropriate congressional committees”, and “appropriate industry partners”, referred to in text, see section 3352 of this title.