[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.
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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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