50 USC 3341 - Security clearances

1 See References in Text note below.

Editorial Notes

References in Text

Executive Order 12968, referred to in subsec. (a)(3), (9)(A), is set out as a note under section 3161 of this title.

Executive Order 12958, referred to in subsec. (a)(4)(A), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731.

Executive Order 10865, referred to in subsec. (a)(9)(A), is set out as a note under section 3161 of this title.

Section 8H of the Inspector General Act of 1978, referred to in subsec. (j)(1)(C)(i), is section 8H of Puspan. L. 95–452, which was formerly set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 416 of Title 5 by Puspan. L. 117–286, § 3(span), Dec. 27, 2022, 136 Stat. 4242. Subsecs. (a)(1) and (d) of section 8H were enacted as subsecs. (span)(1) and (e), respectively, of section 416 of Title 5. Subsec. (h) of section 8H, which defined terms for the section, was enacted as subsec. (a) of section 416 of Title 5, while subsec. (g) of section 8H, which related to notifying the congressional intelligence committees regarding the submission of a complaint or information, was enacted as subsec. (h) of section 416 of Title 5.

Codification

Section was formerly classified to section 435span of this title prior to editorial reclassification and renumbering as this section.

Amendments

2023—Subsec. (a)(4)(B)(i). Puspan. L. 118–31, § 7901(e)(1)(A), substituted “);” for semicolon at end.

Subsec. (a)(9)(A). Puspan. L. 118–31, § 7901(e)(1)(B), substituted “within industry” for “with industry”.

Subsec. (g). Puspan. L. 118–31, § 7702(a)(3), struck out subsec. (g) which related to reduction in length of personnel security clearance process.

Subsec. (h). Puspan. L. 118–31, § 7703(c), struck out subsec. (h) which related to annual reports.

Subsec. (j)(1)(C)(i). Puspan. L. 118–31, § 7901(e)(2), substituted “(d), and (h) of section 8H” for “(d), and (g) of section 8H”.

2022—Subsec. (a)(1)(B). Puspan. L. 117–103, § 501(c), substituted “or” for “and”.

Subsec. (j)(1). Puspan. L. 117–103, § 501(j), substituted “to take, direct others to take, recommend, or approve” for “over” in introductory provisions.

Subsec. (j)(1)(A). Puspan. L. 117–103, § 501(e)(2), inserted “a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including” before “the head of the employing agency” in introductory provisions.

Subsec. (j)(1)(A)(ii), (B)(ii). Puspan. L. 117–103, § 501(d)(1), substituted “mismanagement” for “gross mismanagement”.

Subsec. (j)(1)(C)(i). Puspan. L. 117–286, which directed substitution of “subsections (span)(1), (e), and (i) of section 416 of title 5;” for “subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.);”, could not be executed because “(h)” did not appear in text after the intervening amendment by Puspan. L. 117–103, § 501(k). See below.

Puspan. L. 117–103, § 501(k), substituted “(g)” for “(h)”.

Subsec. (j)(2). Puspan. L. 117–103, § 501(i), inserted “or clearance action” after “personnel action”.

Subsec. (j)(3). Puspan. L. 117–103, § 501(h), reenacted span of par. (3), designated introductory provisions of subpar. (A) as introductory provisions of par. (3), redesignated cls. (i) to (v) of former subpar. (A) as subpars. (A) to (E), respectively, of par. (3), realigned margins, added subpar. (F), and struck out former subpar. (A) span and former subpar. (B). Text of former subpar. (B) read as follows: “If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from paragraph (1) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure.”

Subsec. (j)(4)(A). Puspan. L. 117–103, § 501(span)(2)(A), inserted “(except as provided by subparagraph (D))” after “within 90 days”.

Subsec. (j)(4)(D). Puspan. L. 117–103, § 501(span)(2)(B), added subpar. (D).

Subsec. (j)(8), (9). Puspan. L. 117–103, § 501(span)(1), added par. (8) and redesignated former par. (8) as (9).

2018—Subsec. (j)(8). Puspan. L. 115–118 added par. (8).

2014—Subsec. (a)(9). Puspan. L. 113–126, § 602(c), added par. (9).

Subsec. (span). Puspan. L. 113–126, § 602(a)(1)(A), substituted “Except as otherwise provided, not” for “Not” in introductory provisions.

Subsec. (span)(7). Puspan. L. 113–293, § 310(1), inserted “, and consistent with subsection (j)” after “2014” in introductory provisions.

Puspan. L. 113–126, § 602(a)(1)(B)–(D), added par. (7).

Subsec. (span)(7)(A). Puspan. L. 113–293, § 310(2), substituted “alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee’s access to classified information” for “to appeal a determination to suspend or revoke a security clearance or access to classified information”.

Subsec. (span)(7)(B). Puspan. L. 113–293, § 310(3), substituted “information following a protected disclosure,” for “information,”.

Subsec. (j). Puspan. L. 113–126, § 602(span), added subsec. (j).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Construction

Puspan. L. 113–126, title VI, § 602(e), July 7, 2014, 128 Stat. 1419, provided that: “Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information) [50 U.S.C. 3161 note], or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with[in] industry) [50 U.S.C. 3161 note], or any successor thereto, that meet the requirements of paragraph (7) of section 3001(span) of such Act [50 U.S.C. 3341(span)(7)], as added by this section.”

Performance Measures Regarding Timeliness for Personnel Mobility

Puspan. L. 117–103, div. X, title III, § 311, Mar. 15, 2022, 136 Stat. 972, provided that:

“(a)Policy Required.—Not later than 180 days after the date of the enactment of this Act [Mar. 15, 2022], the Director of National Intelligence shall issue a policy for measuring the total time it takes to transfer personnel with security clearances and eligibility for access to information commonly referred to as ‘sensitive compartmented information’ from one element of the intelligence community to another, or from one contract to another in the case of a contractor.

“(span)Requirements.—The policy issued under subsection (a) shall—

“(1) to the degree practicable, cover all personnel who are moving to positions that require a security clearance and access to sensitive compartmented information;

“(2) cover the period from the first time an element of the intelligence community or company submits a request to an element of the intelligence community for the transfer of the employment of an individual with a clearance access or eligibility determination to another element of the intelligence community, to the time the individual is authorized by that receiving element to start to work in the new position; and

“(3) include analysis of all appropriate phases of the process, including polygraph, suitability determination, fitness determination, human resources review, transfer of the sensitive compartmented information access, and contract actions.

“(c)Updated Policies.—

“(1)Modifications.—Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall issue modifications to such policies as the Director determines were issued before the issuance of the policy under such subsection and are relevant to such updated policy, as the Director considers appropriate.

“(2)Recommendations.—Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall submit to the appropriate congressional committees recommendations for legislative action to update metrics specified elsewhere in statute to measure parts of the process that support transfers described in subsection (a).

“(d)Annual Reports.—Not later than 180 days after issuing the policy required by subsection (a) and not less frequently than once each year thereafter until the date that is 3 years after the date of such issuance, the Director shall submit to the appropriate congressional committees a report on the implementation of such policy. Such report shall address performance by department or agency and by clearance type in meeting such policy.

“(e)Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—

“(1) the congressional intelligence committees; and

“(2) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.”

[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 311 of div. X of Puspan. L. 117–103, set out above, see section 2 of div. X of Puspan. L. 117–103, set out as a note under section 3003 of this title.]

Required Elements of Policies and Procedures

Puspan. L. 113–126, title VI, § 602(a)(2), July 7, 2014, 128 Stat. 1416, provided that: “The policies and procedures for appeal developed under paragraph (7) of section 3001(span) of the Intelligence Reform and Terrorism Prevention Act of 2004 [50 U.S.C. 3341(span)(7)], as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector general of the employing agency, to conduct fact-finding and report to the agency head or the designee of the agency head within 180 days unless the employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater period of time is required. To the fullest extent possible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as witness testimony.”

Existing Rights Preserved

Puspan. L. 113–126, title VI, § 602(d), July 7, 2014, 128 Stat. 1419, provided that: “Nothing in this section [amending this section and enacting provisions set out as notes under this section] or the amendments made by this section shall be construed to preempt, preclude, or otherwise prevent an individual from exercising rights, remedies, or avenues of redress currently provided under any other law, regulation, or rule.”

Strategy for Security Clearance Reciprocity

Puspan. L. 112–277, title III, § 306, Jan. 14, 2013, 126 Stat. 2472, provided that:

“(a)Strategy.—The President shall develop a strategy and a schedule for carrying out the requirements of section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435span(d)) [now 50 U.S.C. 3341(d)]. Such strategy and schedule shall include—

“(1) a process for accomplishing the reciprocity required under such section for a security clearance issued by a department or agency of the Federal Government, including reciprocity for security clearances that are issued to both persons who are and who are not employees of the Federal Government; and

“(2) a description of the specific circumstances under which a department or agency of the Federal Government may not recognize a security clearance issued by another department or agency of the Federal Government.

“(span)Congressional Notification.—Not later than 180 days after the date of the enactment of this Act [Jan. 14, 2013], the President shall inform Congress of the strategy and schedule developed under subsection (a).”