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10 U.S.C. § 1564 — Security clearance investigations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Expedited Process.—** The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for—
(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and
(2) any individual who—
(A) submits an application for a position as an employee of the Department of Defense for which—
(i) the individual is qualified; and
(ii) a security clearance is required; and
(B) is—
(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;
(ii) the spouse of a member of the armed forces who retires or is separated, after January 7, 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or
(iii) the spouse of a member of the armed forces who dies, after January 7, 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).
**(b) Required Features.—** The process developed under subsection (a) shall provide for the following:
(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.
(2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security.
(3) Prioritization of the processing of background investigations on the basis of the catego
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Stable record: federal_law:legal_authorities:record_usc_bea1d67b50bd0dd998e3a352
Source file: Laws/federal/codes/united-states-code/title-10/section-1564-security-clearance-investigations--665fa0a4ee.md
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Passage SHA-256: 366523bdc4d9465421d7be56f92aa0c9912f5dac86c99a25b776a6fe752f9580
Source location: Title 10, Chapter 80, § 1564; chapter-080-miscellaneous-investigation-requirements-and-other-duties.md
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**(a) Expedited Process.—** The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for—
(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and
(2) any individual who—
(A) submits an application for a position as an employee of the Department of Defense for which—
(i) the individual is qualified; and
(ii) a security clearance is required; and
(B) is—
(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;
(ii) the spouse of a member of the armed forces who retires or is separated, after January 7, 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or
(iii) the spouse of a member of the armed forces who dies, after January 7, 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).
**(b) Required Features.—** The process developed under subsection (a) shall provide for the following:
(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.
(2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security.
(3) Prioritization of the processing of background investigations on the basis of the categories of personnel determined under paragraph (2).
**(c) Reinvestigation or Readjudication of Certain Individuals.—**
(1) The Secretary of Defense shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (2), and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3), upon—
(A) conviction of that individual by a court of competent jurisdiction for—
(i) sexual assault;
(ii) sexual harassment;
(iii) fraud against the United States; or
(iv) any other violation that the Secretary of Defense or the Secretary of Homeland Security, as the case may be, determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or
(B) determination by a commanding officer that that individual has committed an offense described in subparagraph (A).
(2) An individual described in this paragraph is an individual (other than an individual described in paragraph (3)) who has a security clearance and is—
(A) a flag officer;
(B) a general officer; or
(C) an employee of the Department of Defense in the Senior Executive Service.
(3) An individual described in this paragraph is an individual who has a security clearance and is—
(A) a flag officer of the Coast Guard; or
(B) an employee of the Coast Guard in the Senior Executive Service (career reserved).
(4) The Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies.
(5) In this subsection:
(A) The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice).
(B) The term “sexual harassment” has the meaning given that term in [section 1561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1561&num=0&edition=prelim).
(C) The term “fraud against the United States” means a violation of [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section932&num=0&edition=prelim) (article 132 of the Uniform Code of Military Justice).
**(d) Annual Review.—** The Secretary shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions.
**(e) Consultation Requirement.—** The Secretary shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section.
**(f) Sensitive Duties.—** For the purposes of this section, it is not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered sensitive and critical to the national security.
**(g) Use of Appropriated Funds.—** The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this section:
(1) The term “criminal justice agency” means (A) any Federal, State, or local court, and (B) any Federal, State, or local agency, or any subunit thereof, which performs the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice.
(2) The term “criminal history record information” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correction supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term includes those records of a State or locality sealed pursuant to law if such records are accessible by State and local criminal justice agencies for the purpose of conducting background checks.
(3) The term “classified information” means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security.
(4) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States.
(5) The term “local” and “locality” means any local government authority or agency or component thereof within a State having jurisdiction over matters at a county, municipal, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication—
(1) wrongfully takes or threatens to take an adverse personnel action against any person; or
(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.
**(b) Definitions.—** In this section:
(1) The term “protected communication” means the following:
(A) A lawful communication to a Member of Congress or an Inspector General.
(B) A communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following:
(i) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.
(ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(2) The term “Inspector General” has the meaning given that term in [section 1034(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1034/j&num=0&edition=prelim).
(3) The term “covered individual or organization” means any recipient of a communication specified in clauses (i) through (v) of [section 1034(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1034/b/1/B&num=0&edition=prelim).
(4) The term “unlawful discri
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 932
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe regulations for the conduct of employees in the executive branch.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter applies to—
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to—
(A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim),
(B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim),
(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under [section 3321(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3321/a/2&num=0&edition=prelim) if such reduction is to the grade held immediately before becoming such a supervisor or manager,
(D) a reduction in grade or removal under [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4303&num=0&edition=prelim),
(E) an action initiated under section 1215 or 7521 of this title, or
(F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
**(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
(2) advise the complainant of the commencement of the investigation.
**(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
**(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall—
(1) submit a final report on the results of the independent investigation, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1561
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Digitization and Modernization.—** The Secretary of Defense shall streamline and digitize the Department of Defense approach for identifying and mitigating risks to the defense industrial base.
**(b) Objective.—** The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department.
**(c) Analytical Framework.—**
(1) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Counterintelligence and Security Agency and the heads of other elements of the Department of Defense as appropriate, shall develop an analytical framework for risk mitigation across the acquisition process in implementing subsections (a) and (b).
(2) The analytical framework required under paragraph (1) shall include the following elements:
(A) Characterization and monitoring of supply chain risks, such as those identified through the supply chain risk management process of the Department and by the Federal Acquisition Security Council, and including—
(i) material sources and fragility, including the extent to which sources, items, materials, and articles are mined, produced, or manufactured within or outside the United States;
(ii) telecommunications services or equipment;
(iii) counterfeit parts;
(iv) cybersecurity of contractors;
(v) video surveillance services or equipment;
(vi) vendor vetting in contingency or operational environments;
(vii) other electronic or information technology products and services; and
(viii) other risk areas as determined appropriate by the Secretary of Defense.
(B) Characterization and monitoring of risks posed by contractor b
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4819
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to [section 1502 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim) and the regulations implementing such section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3014
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “person” means an individual, labor organization, or agency;
(2) “employee” means an individual—
(A) employed in an agency; or
(B) whose employment in an agency has ceased because of any unfair labor practice under [section 7116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7116&num=0&edition=prelim) and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority;
but does not include—
(i) an alien or noncitizen of the United States who occupies a position outside the United States;
(ii) a member of the uniformed services;
(iii) a supervisor or a management official;
(iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or
(v) any person who participates in a strike in violation of [section 7311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7311&num=0&edition=prelim);
(3) “agency” means an Executive agency (including a nonappropriated fund instrumentality described in [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim) and the Veterans’ Canteen Service, Department of Veterans Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution 11 So in original. Probably should be followed by a comma. but does not include—
(A) the Government Accountability Office;
(B) the Federal Bureau of Investi
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7103
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