Security Clearance Portability for Departing Servicemembers Act of 2022

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7738 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7738

    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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2022

   Mrs. Bice of Oklahoma (for herself, Ms. Slotkin, and Mr. Turner) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security Clearance Portability for 
Departing Servicemembers Act of 2022''.

SEC. 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'' means a contractor 
        personnel who 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).
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