§ 1564. Security clearance investigations

§ 1564. Security clearance investigations

(a) Expedited Process.— The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for—

(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and

(2) any individual who—

(A) submits an application for a position as an employee of the Department of Defense for which—

(i) the individual is qualified; and

(ii) a security clearance is required; and

(B) is—

(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;

(ii) the spouse of a member of the armed forces who retires or is separated, after January 7, 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or

(iii) the spouse of a member of the armed forces who dies, after January 7, 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).

(b) Required Features.— The process developed under subsection (a) shall provide for the following:

(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.

(2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security.

(3) Prioritization of the processing of background investigations on the basis of the categories of personnel determined under paragraph (2).

(c) Reinvestigation or Readjudication of Certain Individuals.—

(1) The Secretary of Defense shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (2), and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3), upon—

(A) conviction of that individual by a court of competent jurisdiction for—

(i) sexual assault;

(ii) sexual harassment;

(iii) fraud against the United States; or

(iv) any other violation that the Secretary of Defense or the Secretary of Homeland Security, as the case may be, determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or

(B) determination by a commanding officer that that individual has committed an offense described in subparagraph (A).

(2) An individual described in this paragraph is an individual (other than an individual described in paragraph (3)) who has a security clearance and is—

(A) a flag officer;

(B) a general officer; or

(C) an employee of the Department of Defense in the Senior Executive Service.

(3) An individual described in this paragraph is an individual who has a security clearance and is—

(A) a flag officer of the Coast Guard; or

(B) an employee of the Coast Guard in the Senior Executive Service (career reserved).

(4) The Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies.

(5) In this subsection:

(A) The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice).

(B) The term “sexual harassment” has the meaning given that term in section 1561 of this title.

(C) The term “fraud against the United States” means a violation of section 932 of this title (article 132 of the Uniform Code of Military Justice).

(d) Annual Review.— The Secretary shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions.

(e) Consultation Requirement.— The Secretary shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section.

(f) Sensitive Duties.— For the purposes of this section, it is not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered sensitive and critical to the national security.

(g) Use of Appropriated Funds.— The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).

(Added [Pub. L. 106–398, § 1 [div. A], title X, § 1072(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–276; amended Pub. L. 111–383, div. A, title III, § 351(a), Jan. 7, 2011, 124 Stat. 4192; Pub. L. 112–239, div. A, title X, § 1076(e)(1), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 115–232, div. A, title V, § 542, Aug. 13, 2018, 132 Stat. 1762; Pub. L. 116–283, div. A, title X, § 1081(a)(29), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 119–60, div. G, title LXXV, § 7530, Dec. 18, 2025, 139 Stat. 1821.)

Editorial Notes

Amendments

2025—Subsec. (c)(1). Pub. L. 119–60, § 7530(1)(A), inserted “, and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3),” after “paragraph (2)” in introductory provisions.

Subsec. (c)(1)(A)(iv). Pub. L. 119–60, § 7530(1)(B), substituted “the Secretary of Defense or the Secretary of Homeland Security, as the case may be,” for “the Secretary”.

Subsec. (c)(2). Pub. L. 119–60, § 7530(2), inserted “(other than an individual described in paragraph (3))” after “is an individual” in introductory provisions.

Subsec. (c)(3). Pub. L. 119–60, § 7530(4), added par. (3). Former par. (3) redesignated (4).

Subsec. (c)(4). Pub. L. 119–60, § 7530(3), (5), redesignated par. (3) as (4) and substituted “Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual” for “Secretary shall ensure that relevant information on the conviction or determination described in paragraph (1) of an individual described in paragraph (2)”. Former par. (4) redesignated (5).

Subsec. (c)(5). Pub. L. 119–60, § 7530(3), redesignated par. (4) as (5).

2021—Subsec. (c)(2). Pub. L. 116–283 substituted “is an individual” for “in an individual” in introductory provisions.

2018—Subsecs. (c) to (g). Pub. L. 115–232 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

2013—Subsec. (a)(2)(B)(ii), (iii). Pub. L. 112–239 substituted “January 7, 2011” for “the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011”.

2011—Subsec. (a). Pub. L. 111–383, § 351(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary of Defense shall prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security.”

Subsec. (f). Pub. L. 111–383, § 351(a)(2), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title III, § 351(b), Jan. 7, 2011, 124 Stat. 4193, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to a background investigation conducted after the date of the enactment of this Act [Jan. 7, 2011].”

Information Technology Programs of the National Background Investigation Service

Pub. L. 118–159, div. A, title XV, § 1512, Dec. 23, 2024, 138 Stat. 2136, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the authorizing official of the Defense Counterintelligence and Security Agency, in coordination with the Chief Information Officer of the Department of Defense, shall— “(1) take such actions as may be necessary to ensure that the National Background Investigation Services are in compliance with the relevant standards and guidelines published by the National Institution of Standards and Technology in NIST Special Publication 800–53, Revision 5 (relating to security and privacy controls for information systems and organizations), or successor publication or revision thereto; and “(2) submit to Congress a notice either—“(A) certifying that such services are in compliance with such standards and guidelines; or “(B) explaining why the authorizing official of the Defense Counterintelligence and Security Agency is unable to certify that such services are in compliance with such standards and guidelines.”

Security Clearance Bridge Pilot Program

Pub. L. 117–263, div. A, title VIII, § 882, Dec. 23, 2022, 136 Stat. 2744, provided that: “(a) In General.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall conduct a pilot program to allow the Defense Counterintelligence and Security Agency to sponsor the personal security clearances of the employees of innovative technology companies that are performing a contract of the Department of Defense while the Government completes the adjudication of the facility clearance application of such a [sic] innovative technology company. “(b) Additional Requirements.—“(1) Personal security clearance authority.—“(A) In general.—Under the pilot program, the Defense Counterintelligence and Security Agency may nominate and sponsor the personal security clearances of the employees of an innovative technology company. “(B) Limitation.—Under the pilot program, the Defense Counterintelligence and Security Agency may sponsor the personal security clearances of employees of not more than 75 innovative technology companies. “(2) Adjudication of the facility clearance application.—Any adjudication of a facility clearance application of an innovative technology company described in subsection (a) shall include an assessment and mitigation of foreign ownership, control, or influence of the innovative technology company, as applicable. “(c) Clearance Transfer.—“(1) In general.—Not later than 30 days after an innovative technology company is granted facility clearance, the Defense Counterintelligence and Security Agency shall transfer any personal clearances of employees of the innovative technology company held by the Defense Counterintelligence and Security Agency under the pilot program back to the innovative technology company. “(2) Denial of facility clearance.—Not later than 10 days after an innovative technology company is denied facility clearance, the Defense Counterintelligence and Security Agency shall release any personal clearances of employees of the innovative technology company held by the Defense Counterintelligence and Security Agency under the pilot program. “(d) Participant Selection.—The Under Secretary of Defense for Research and Engineering, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the service acquisition executive of the military department concerned (as such terms are defined, respectively, in section 101 of title 10, United States Code), shall select innovative technology companies to participate in the pilot program. “(e) Sunset.—The pilot program shall terminate on December 31, 2028. “(f) Definitions.—In this section:“(1) Facility clearance.—The term ‘facility clearance’ has the meaning given the term ‘Facility Clearance’ in section 95.5 of title 10, Code of Federal Regulations, or any successor regulation. “(2) Foreign ownership, control, or influence.—The term ‘foreign ownership, control, or influence’ has the meaning given in section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505; 10 U.S.C. 4819 note). “(3) Innovative technology company.—The term ‘innovative technology company’ means a nontraditional defense contractor (as defined in section 3014 of title 10, United States Code) that—“(A) provides goods or services related to—“(i) one or more of the 14 critical technology areas described in the memorandum by the Under Secretary of Defense for Research and Engineering issued on February 1, 2022, entitled ‘USD(R&E) Technology Vision for an Era of Competition’; or “(ii) information technology, software, or hardware that is unavailable from any other entity that possesses a facility clearance; and “(B) is selected by the Under Secretary of Defense for Research and Engineering under subsection (d) to participate in the pilot program. “(4) Personal security clearance.—The term ‘personal security clearance’ means the security clearance of an individual who has received approval from the Department of Defense to access classified information. “(5) Pilot program.—The term ‘pilot program’ means the pilot program established under subsection (a).”

Security Clearances for Recently Separated Members of the Armed Forces and Civilian Employees of the Department of Defense

Pub. L. 117–263, div. A, title X, § 1045, Dec. 23, 2022, 136 Stat. 2772, provided that: “(a) Improvements.—“(1) In general.—No later than September 30, 2023, the Secretary of Defense, in coordination with the Director of National Intelligence when acting as the Security Executive Agent, shall establish a process to—“(A) determine, on the date on which a covered individual separates from the Armed Forces or the Department of Defense (as the case may be), whether the covered individual held an eligibility to access classified information or to occupy a sensitive position immediately prior to such separation and requires an eligibility of an equal or lower level for employment as a covered contractor, except as provided in subsection (b); “(B) ensure that the re-establishment of trust of a covered individual’s eligibility to occupy a sensitive position takes place expeditiously, in accordance with applicable laws, Executive Orders, or Security Executive Agent policy; and “(C) ensure that any additional security processing required to re-establish trust to reinstate a covered individual’s eligibility to access classified information or occupy a sensitive position takes place expeditiously. “(2) Coast Guard.—In the case of a member of the Armed Forces who is a member of the Coast Guard, the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of the Department in which the Coast Guard is operating. “(b) Exceptions.—“(1) In general.—Subsection (a) shall not apply with respect to a covered individual—“(A) whose previously held security clearance is, or was as of the date of separation of the covered individual, under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated; or “(B) in the case of a member of the Armed Forces, who separated from the Armed Forces under other than honorable conditions. “(2) Clarification of review exception.—The exception specified in paragraph (1)(A) 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’ means an individual who is employed by an entity that carries out work under a contract with the Department of Defense or an element of the intelligence community. “(2) The term ‘covered individual’ means a former member of the Armed Forces or a former civilian employee of the Department of Defense. “(3) The term ‘intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”

Department of Defense Policy on Unclassified Workspaces and Job Functions of Personnel With Pending Security Clearances