118 STAT. 3707 PUBLIC LAW 108–458—DEC. 17, 2004 (5) ensuring, to the maximum extent practicable, that suffi- cient resources are available in each agency to achieve clearance and investigative program goals; and (6) reviewing and coordinating the development of tools and techniques for enhancing the conduct of investigations and granting of clearances. (c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.— (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to conduct, to the maximum extent practicable, security clearance investigations of employees and contractor personnel of the United States Government who require access to classified information and to provide and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes. (2) The agency selected under paragraph (1) shall— (A) take all necessary actions to carry out the requirements of this section, including entering into a memorandum of under- standing with any agency carrying out responsibilities relating to security clearances or security clearance investigations before the date of the enactment of this Act; (B) as soon as practicable, integrate reporting of security clearance applications, security clearance investigations, and determinations of eligibility for security clearances, with the database required by subsection (e); and (C) ensure that security clearance investigations are con- ducted in accordance with uniform standards and requirements established under subsection (b), including uniform security questionnaires and financial disclosure requirements. (d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETER- MINATIONS.—(1) All security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies. (2) All security clearance background investigations initiated by an authorized investigative agency shall be transferable to any other authorized investigative agency. (3)(A) An authorized investigative agency or authorized adju- dicative agency may not establish additional investigative or adju- dicative requirements (other than requirements for the conduct of a polygraph examination) that exceed requirements specified in Executive Orders establishing security requirements for access to classified information without the approval of the head of the entity selected pursuant to subsection (b). (B) Notwithstanding subparagraph (A), the head of the entity selected pursuant to subsection (b) may establish such additional requirements as the head of such entity considers necessary for national security purposes. (4) An authorized investigative agency or authorized adjudica- tive agency may not conduct an investigation for purposes of deter- mining whether to grant a security clearance to an individual where a current investigation or clearance of equal level already Deadline. President. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00241 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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