Page:United States Statutes at Large Volume 118.djvu/3739

 118 STAT. 3709 PUBLIC LAW 108–458—DEC. 17, 2004 (C) ongoing verification of suitability of personnel with security clearances in effect for continued access to classified information; (D) use of such technologies to augment periodic reinves- tigations; (E) assessing the impact of the use of such technologies on the rights of applicants to verify, correct, or challenge information obtained through such technologies; and (F) such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate. (3) An individual subject to verification utilizing the technology described in paragraph (1) shall be notified of such verification, shall provide consent to such use, and shall have access to data being verified in order to correct errors or challenge information the individual believes is incorrect. (4) Not later than one year after the date of the enactment of this Act, the head of the entity selected pursuant to subsection (b) shall submit to the President and the appropriate committees of Congress a report on the results of the evaluation, including recommendations on the use of technologies described in paragraph (1). (g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.—(1) The head of the entity selected pursuant to subsection (b) shall, within 90 days of selection under that subsection, develop, in consultation with the appropriate committees of Congress and each authorized adjudicative agency, a plan to reduce the length of the personnel security clearance process. (2)(A) To the extent practical the plan under paragraph (1) shall require that each authorized adjudicative agency make a determination on at least 90 percent of all applications for a per- sonnel security clearance within an average of 60 days after the date of receipt of the completed application for a security clearance by an authorized investigative agency. Such 60-day average period shall include— (i) a period of not longer than 40 days to complete the investigative phase of the clearance review; and (ii) a period of not longer than 20 days to complete the adjudicative phase of the clearance review. (B) Determinations on clearances not made within 60 days shall be made without delay. (3)(A) The plan under paragraph (1) shall take effect 5 years after the date of the enactment of this Act. (B) During the period beginning on a date not later than 2 years after the date after the enactment of this Act and ending on the date on which the plan under paragraph (1) takes effect, each authorized adjudicative agency shall make a determination on at least 80 percent of all applications for a personnel security clearance pursuant to this section within an average of 120 days after the date of receipt of the application for a security clearance by an authorized investigative agency. Such 120-day average period shall include— (i) a period of not longer than 90 days to complete the investigative phase of the clearance review; and (ii) a period of not longer than 30 days to complete the adjudicative phase of the clearance review. (h) REPORTS.—(1) Not later than February 15, 2006, and annually thereafter through 2011, the head of the entity selected Deadlines. Deadline. Reports. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00243 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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