50 U.S.C. § 3343 — Security clearances; limitations

Page 820 TITLE 50—WAR AND NATIONAL DEFENSE § 3343 88–277, which is set out in a note under section 102 of Title 3, The President. CODIFICATION Section was formerly classified as a note under sec- tion 435b of this title prior to editorial reclassification as this section. Section is comprised of subsec. (c) of section 7601 of Pub. L. 108–458. Subsec. (a) of section 7601 amended pro- visions set out as a note under section 102 of Title 3, The President, subsec. (b) of section 7601 is not classi- fied to the Code, and subsec. (d) of section 7601 is set out as a note under section 102 of Title 3. AMENDMENTS 2010—Par. (1). Pub. L. 111–283, § 2(c)(1)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘In this section, the term ‘major party’ shall have the meaning given under section 9002(6) of title 26.’’ Par. (2). Pub. L. 111–283, § 2(c)(1)(B), substituted ‘‘eli- gible candidate’’ for ‘‘major party candidate’’. § 3343. Security clearances; limitations (a) Definitions In this section: (1) Controlled substance The term ‘‘controlled substance’’ has the meaning given that term in section 802 of title 21. (2) Covered person The term ‘‘covered person’’ means— (A) an officer or employee of a Federal agency; (B) a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and (C) an officer or employee of a contractor of a Federal agency. (3) Restricted Data The term ‘‘Restricted Data’’ has the mean- ing given that term in section 2014 of title 42. (4) Special access program The term ‘‘special access program’’ has the meaning given that term in section 4.1 of Ex- ecutive Order No. 12958 (60 Fed. Reg. 19825). (b) Prohibition After January 1, 2008, the head of a Federal agency may not grant or renew a security clear- ance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 802(1) of title 21). (c) Disqualification (1) In general After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who— (A) has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sen- tence for not less than 1 year; (B) has been discharged or dismissed from the Armed Forces under dishonorable condi- tions; or (C) is mentally incompetent, as deter- mined by an adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or accept- able to and approved by, the United States Government and in accordance with the ad- judicative guidelines required by subsection (d). (2) Waiver authority In a meritorious case, an exception to the disqualification in this subsection may be au- thorized if there are mitigating factors. Any such waiver may be authorized only in accord- ance with— (A) standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the Presi- dent; or (B) the adjudicative guidelines required by subsection (d). (3) Covered security clearances This subsection applies to security clear- ances that provide for access to— (A) special access programs; (B) Restricted Data; or (C) any other information commonly re- ferred to as ‘‘sensitive compartmented infor- mation’’. (4) Annual report (A) Requirement for report Not later than February 1 of each year, the head of a Federal agency shall submit a re- port to the appropriate committees of Con- gress if such agency employs or employed a person for whom a waiver was granted in ac- cordance with paragraph (2) during the pre- ceding year. Such annual report shall not re- veal the identity of such person, but shall in- clude for each waiver issued the disquali- fying factor under paragraph (1) and the rea- sons for the waiver of the disqualifying fac- tor. (B) Definitions In this paragraph: (i) Appropriate committees of Congress The term ‘‘appropriate committees of Congress’’ means, with respect to a report submitted under subparagraph (A) by the head of a Federal agency— (I) the congressional defense commit- tees; (II) the congressional intelligence com- mittees; (III) the Committee on Homeland Se- curity and Governmental Affairs of the Senate; (IV) the Committee on Oversight and Government Reform of the House of Rep- resentatives; and (V) each Committee of the Senate or the House of Representatives with over- sight authority over such Federal agen- cy. (ii) Congressional defense committees The term ‘‘congressional defense com- mittees’’ has the meaning given that term in section 101(a)(16) of title 10. (iii) Congressional intelligence committees The term ‘‘congressional intelligence committees’’ has the meaning given that term in section 3003 of this title. Page 821 TITLE 50—WAR AND NATIONAL DEFENSE § 3344a 1 See References in Text note below. (d) Adjudicative guidelines (1) Requirement to establish The President shall establish adjudicative guidelines for determining eligibility for ac- cess to classified information. (2) Requirements related to mental health The guidelines required by paragraph (1) shall— (A) include procedures and standards under which a covered person is determined to be mentally incompetent and provide a means to appeal such a determination; and (B) require that no negative inference con- cerning the standards in the guidelines may be raised solely on the basis of seeking men- tal health counseling. (Pub. L. 108–458, title III, § 3002, as added Pub. L. 110–181, div. A, title X, § 1072(a), Jan. 28, 2008, 122 Stat. 328.) Editorial Notes REFERENCES IN TEXT Executive Order 12958, referred to in subsec. (a)(4), 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. CODIFICATION Section was formerly classified to section 435c of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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 Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 3344. Classification training program (a) In general The head of each Executive agency, in accord- ance with Executive Order 13526, shall require annual training for each employee who has original classification authority. For employees who perform derivative classification, or are re- sponsible for analysis, dissemination, prepara- tion, production, receipt, publication, or other- wise communication of classified information, training shall be provided at least every two years. Such training shall— (1) educate the employee, as appropriate, re- garding— (A) the guidance established under sub- paragraph (G) of section 3024(g)(1) of this title, as added by section 5(a)(3),1 regarding the formatting of finished intelligence prod- ucts; (B) the proper use of classification mark- ings, including portion markings that indi- cate the classification of portions of infor- mation; and (C) any incentives and penalties related to the proper classification of intelligence in- formation; and (2) ensure such training is a prerequisite, once completed successfully, as evidenced by an appropriate certificate or other record, for— (A) obtaining original classification au- thority or derivatively classifying informa- tion; and (B) maintaining such authority. (b) Relationship to other programs The head of each Executive agency shall en- sure that the training required by subsection (a) is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the costs and administrative burdens associated with carrying out the training required by subsection (a). (Pub. L. 111–258, § 7, Oct. 7, 2010, 124 Stat. 2652.) Editorial Notes REFERENCES IN TEXT Executive Order 13526, referred to in subsec. (a), is set out as a note under section 3161 of this title. Section 5(a)(3), referred to in subsec. (a)(1)(A), prob- ably means section 5(a)(3) of Pub. L. 111–258. CODIFICATION Section was formerly classified to section 435d of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 111–258, § 3, Oct. 7, 2010, 124 Stat. 2648, provided that: ‘‘In this Act [see Short Title of 2010 Amendment note set out under section 101 of Title 6, Domestic Se- curity]: ‘‘(1) DERIVATIVE CLASSIFICATION AND ORIGINAL CLAS- SIFICATION.—The terms ‘derivative classification’ and ‘original classification’ have the meanings given those terms in Executive Order No. 13526 [50 U.S.C. 3161 note]. ‘‘(2) EXECUTIVE AGENCY.—The term ‘Executive agen- cy’ has the meaning given that term in section 105 of title 5, United States Code. ‘‘(3) EXECUTIVE ORDER NO. 13526.—The term ‘Execu- tive Order No. 13526’ means Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national secu- rity information) or any subsequent corresponding executive order.’’ § 3344a. Training to promote sensible classifica- tion (a) Definitions In this section: (1) Over-classification The term ‘‘over-classification’’ means classi- fication at a level that exceeds the minimum level of classification that is sufficient to pro- tect the national security of the United States. (2) Sensible classification The term ‘‘sensible classification’’ means classification at a level that is the minimum level of classification that is sufficient to pro- tect the national security of the United States.