50 U.S.C. § 3341 — Security clearances

Page 813 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 2 So in original. Probably should be ‘‘subsections’’. (vi) optical communication networks, in- cluding electrophotonics; and (vii) safety and controls for generative artificial intelligence applications for the intelligence community. (3) Any other activity the Director deter- mines would promote the development of microelectronics research for future tech- nologies, including optical communications or quantum technologies. (c) Consideration, consultation, and collabora- tion In carrying out the program established under subsection (a), the Director of National Intel- ligence shall— (1) consider the national strategy developed pursuant to subsection (a)(3)(A)(i) of section 4656 of title 15; (2) consult with the Secretary of Commerce; and (3) actively collaborate with relevant Gov- ernment agencies and programs, including the programs established under subsection 2 (c), (d), (e), and (f) of such section 4656 of title 15, academic institutions, and private industry to leverage expertise and resources in conducting research. (d) Authorization of appropriations Amounts authorized to be appropriated for the National Intelligence Program of the Office of the Director of National Intelligence may be made available to carry out the program estab- lished under subsection (a). (e) Briefing requirements The Director of the Intelligence Advanced Re- search Projects Activity shall provide to the congressional intelligence committees, the Com- mittee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and, consistent with the pro- tection of intelligence sources and methods, the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Energy and Commerce of the House of Rep- resentatives, regular briefings on— (1) the progress, achievements, and out- comes of the program established under sub- section (a); (2) the collaborations conducted pursuant to subsection (c); and (3) recommendations for future research pri- orities. (Pub. L. 118–31, div. G, title V, § 7507, Dec. 22, 2023, 137 Stat. 1089.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title. § 3334t. Program for beyond 5G (a) Establishment The Director of National Intelligence, acting through the Director of the Intelligence Ad- vanced Research Projects Activity, may initiate or otherwise carry out a program dedicated to research and development efforts relevant to 6G technology and any successor technologies, but only if such efforts are specific to potential ap- plications of 6G technology (or any successor technologies) for the intelligence community or for other national security purposes. (b) Consultation and coordination In carrying out any program under subsection (a), the Director shall consult and coordinate with— (1) relevant— (A) heads of Federal departments and agencies, including the Administrator of the National Telecommunications and Informa- tion Administration; (B) interagency bodies, such as the Com- mittee for the Assessment of Foreign Par- ticipation in the United States Tele- communications Sector; (C) private sector entities; (D) institutions of higher learning; and (E) federally funded research and develop- ment centers; and (2) such other individuals and entities as the Director determines appropriate. (c) 6G technology defined In this section, the term ‘‘6G technology’’ means hardware, software, or other technologies relating to sixth-generation wireless networks. (Pub. L. 118–31, div. G, title V, § 7508, Dec. 22, 2023, 137 Stat. 1090.) Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘intelligence community’’ as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title. § 3334u. Notification of referral to Department of Justice If a referral is made to the Department of Jus- tice from any element of the intelligence com- munity regarding an allegation of misconduct against a civilian employee of the intelligence community, the head of the element of the in- telligence community that employs the covered employee shall notify the congressional intel- ligence committees of the referral not later than 10 days after the date on which such referral is made. (Pub. L. 118–159, div. F, title LXVI, § 6614(c), Dec. 23, 2024, 138 Stat. 2506.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 6002 of div. F of Pub. L. 118–159, set out as a note under section 3003 of this title. SUBCHAPTER III—SECURITY CLEARANCES AND CLASSIFIED INFORMATION § 3341. Security clearances (a) Definitions In this section: Page 814 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 (1) The term ‘‘agency’’ means— (A) an executive agency (as that term is defined in section 105 of title 5); (B) a military department (as that term is defined in section 102 of title 5); or (C) an element of the intelligence commu- nity. (2) The term ‘‘authorized investigative agen- cy’’ means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investiga- tion or investigation of persons who are pro- posed for access to classified information to ascertain whether such persons satisfy the cri- teria for obtaining and retaining access to such information. (3) The term ‘‘authorized adjudicative agen- cy’’ means an agency authorized by law, regu- lation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968. (4) The term ‘‘highly sensitive program’’ means— (A) a government program designated as a Special Access Program (as that term is de- fined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or (B) a government program that applies re- strictions required for— (i) restricted data (as that term is de- fined in section 2014(y) of title 42); or (ii) other information commonly referred to as ‘‘sensitive compartmented informa- tion’’. (5) The term ‘‘current investigation file’’ means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during— (A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive pro- gram; (B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and (C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance. (6) The term ‘‘personnel security investiga- tion’’ means any investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information. (7) The term ‘‘periodic reinvestigations’’ means investigations conducted for the pur- pose of updating a previously completed back- ground investigation— (A) every 5 years in the case of a top secret clearance or access to a highly sensitive pro- gram; (B) every 10 years in the case of a secret clearance; or (C) every 15 years in the case of a Con- fidential Clearance. (8) The term ‘‘appropriate committees of Congress’’ means— (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House of Representatives; and (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Af- fairs, and the Judiciary of the Senate. (9) ACCESS DETERMINATION.—The term ‘‘ac- cess determination’’ means the determination regarding whether an employee— (A) is eligible for access to classified infor- mation in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any suc- cessor thereto; and (B) possesses a need to know under such an Order. (b) Selection of entity Except as otherwise provided, not later than 90 days after December 17, 2004, the President shall select a single department, agency, or element of the executive branch to be responsible for— (1) directing day-to-day oversight of inves- tigations and adjudications for personnel secu- rity clearances, including for highly sensitive programs, throughout the United States Gov- ernment; (2) developing and implementing uniform and consistent policies and procedures to en- sure the effective, efficient, and timely com- pletion of security clearances and determina- tions for access to highly sensitive programs, including the standardization of security ques- tionnaires, financial disclosure requirements for security clearance applicants, and poly- graph policies and procedures; (3) serving as the final authority to des- ignate an authorized investigative agency or authorized adjudicative agency; (4) ensuring reciprocal recognition of access to classified information among the agencies of the United States Government, including acting as the final authority to arbitrate and resolve disputes involving the reciprocity of security clearances and access to highly sen- sitive programs pursuant to subsection (d); (5) ensuring, to the maximum extent prac- ticable, that sufficient resources are available in each agency to achieve clearance and inves- tigative program goals; (6) reviewing and coordinating the develop- ment of tools and techniques for enhancing the conduct of investigations and granting of clearances; and (7) not later than 180 days after July 7, 2014, and consistent with subsection (j)— (A) developing policies and procedures that permit, to the extent practicable, individ- uals alleging reprisal for having made a pro- tected 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 and to retain their government employment status while such challenge is pending; and (B) developing and implementing uniform and consistent policies and procedures to en- Page 815 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 sure proper protections during the process for denying, suspending, or revoking a secu- rity clearance or access to classified infor- mation following a protected disclosure, in- cluding the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determina- tion for purposes of conducting an investiga- tion, if that suspension lasts no longer than 1 year or the head of the agency or a des- ignee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security. (c) Performance of security clearance investiga- tions (1) Notwithstanding any other provision of law, not later than 180 days after December 17, 2004, the President shall, in consultation with the head of the entity selected pursuant to sub- section (b), select a single agency of the execu- tive 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 main- tain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may des- ignate other agencies to conduct such investiga- tions if the head of the entity selected pursuant to subsection (b) considers it appropriate for na- tional 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 en- tering into a memorandum of understanding with any agency carrying out responsibilities relating to security clearances or security clearance investigations before December 17, 2004; (B) as soon as practicable, integrate report- ing of security clearance applications, secu- rity clearance investigations, and determina- tions of eligibility for security clearances, with the database required by subsection (e); and (C) ensure that security clearance investiga- tions are conducted in accordance with uni- form standards and requirements established under subsection (b), including uniform secu- rity questionnaires and financial disclosure re- quirements. (d) Reciprocity of security clearance and access determinations (1) All security clearance background inves- tigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies. (2) All security clearance background inves- tigations initiated by an authorized investiga- tive agency shall be transferable to any other authorized investigative agency. (3)(A) An authorized investigative agency or authorized adjudicative agency may not estab- lish additional investigative or adjudicative re- quirements (other than requirements for the conduct of a polygraph examination) that ex- ceed 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 sub- section (b). (B) Notwithstanding subparagraph (A), the head of the entity selected pursuant to sub- section (b) may establish such additional re- quirements as the head of such entity considers necessary for national security purposes. (4) An authorized investigative agency or au- thorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an indi- vidual where a current investigation or clear- ance of equal level already exists or has been granted by another authorized adjudicative agency. (5) The head of the entity selected pursuant to subsection (b) may disallow the reciprocal rec- ognition of an individual security clearance by an agency under this section on a case-by-case basis if the head of the entity selected pursuant to subsection (b) determines that such action is necessary for national security purposes. (6) The head of the entity selected pursuant to subsection (b) shall establish a review procedure by which agencies can seek review of actions re- quired under this section. (e) Database on security clearances (1) Not later than 12 months after December 17, 2004, the Director of the Office of Personnel Management shall, in cooperation with the heads of the entities selected pursuant to sub- sections (b) and (c), establish and commence op- erating and maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial, or revocation of a secu- rity clearance or access pertaining to military, civilian, or government contractor personnel shall be entered from all authorized investiga- tive and adjudicative agencies. (2) The database under this subsection shall function to integrate information from existing Federal clearance tracking systems from other authorized investigative and adjudicative agen- cies into a single consolidated database. (3) Each authorized investigative or adjudica- tive agency shall check the database under this subsection to determine whether an individual the agency has identified as requiring a security clearance has already been granted or denied a security clearance, or has had a security clear- ance revoked, by any other authorized inves- tigative or adjudicative agency. (4) The head of the entity selected pursuant to subsection (b) shall evaluate the extent to which an agency is submitting information to, and re- questing information from, the database under this subsection as part of a determination of whether to certify the agency as an authorized investigative agency or authorized adjudicative agency. (5) The head of the entity selected pursuant to subsection (b) may authorize an agency to with- hold information about certain individuals from the database under this subsection if the head of the entity considers it necessary for national se- curity purposes. Page 816 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 1 See References in Text note below. (f) Evaluation of use of available technology in clearance investigations and adjudications (1) The head of the entity selected pursuant to subsection (b) shall evaluate the use of available information technology and databases to expe- dite investigative and adjudicative processes for all and to verify standard information sub- mitted as part of an application for a security clearance. (2) The evaluation shall assess the application of the technologies described in paragraph (1) for— (A) granting interim clearances to appli- cants at the secret, top secret, and special ac- cess program levels before the completion of the appropriate full investigation; (B) expediting investigations and adjudica- tions of security clearances, including verification of information submitted by the applicant; (C) ongoing verification of suitability of per- sonnel with security clearances in effect for continued access to classified information; (D) use of such technologies to augment periodic reinvestigations; (E) assessing the impact of the use of such technologies on the rights of applicants to verify, correct, or challenge information ob- tained through such technologies; and (F) such other purposes as the head of the entity selected pursuant to subsection (b) con- siders appropriate. (3) An individual subject to verification uti- lizing the technology described in paragraph (1) shall be notified of such verification, shall pro- vide 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 December 17, 2004, 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 rec- ommendations on the use of technologies de- scribed in paragraph (1). (g), (h). Repealed. Pub. L. 118–31, div. G, title VII, §§ 7702(a)(3), 7703(c), Dec. 22, 2023, 137 Stat. 1101, 1102 (i) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each fiscal year thereafter for the imple- mentation, maintenance, and operation of the database required by subsection (e). (j) Retaliatory revocation of security clearances and access determinations (1) In general Agency personnel with authority to take, di- rect others to take, recommend, or approve personnel security clearance or access deter- minations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee’s security clear- ance or access determination in retaliation for— (A) any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of Na- tional Intelligence for such purpose) or a su- pervisor 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 the head of the employing agency (or em- ployee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial and specific danger to public health or safety; (B) any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to re- ceive such disclosures, of information which the employee reasonably believes evi- dences— (i) a violation of any Federal law, rule, or regulation; or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial and specific danger to public health or safety; (C) any lawful disclosure that complies with— (i) subsections (a)(1), (d), and (h) of sec- tion 8H of the Inspector General Act of 1978 (5 U.S.C. App.); 1 (ii) subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or (iii) subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; and (D) if the actions do not result in the em- ployee or applicant unlawfully disclosing in- formation specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign af- fairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing infor- mation to the Inspector General of an agency, in accordance with applicable pro- visions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (2) Rule of construction Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of in- formation from Congress or the taking of any personnel action or clearance action against an employee who lawfully discloses informa- tion to Congress. (3) Disclosures A disclosure shall not be excluded from para- graph (1) because— Page 817 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 (A) the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably be- lieved to be covered by paragraph (1)(A)(ii); (B) the disclosure revealed information that had been previously disclosed; (C) the disclosure was not made in writing; (D) the disclosure was made while the em- ployee was off duty; (E) of the amount of time which has passed since the occurrence of the events described in the disclosure; or (F) the disclosure was made during the normal course of duties of an employee. (4) Agency adjudication (A) Remedial procedure An employee or former employee who be- lieves that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days (except as provided by sub- paragraph (D)) after the issuance of notice of such decision, appeal that decision within the agency of that employee or former em- ployee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a se- curity clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a cer- tification made under subsection (b)(7)). (B) Corrective action If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former em- ployee would have held had the violation not occurred. Such corrective action may in- clude back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. (C) Contributing factor In determining whether the adverse secu- rity clearance or access determination vio- lated paragraph (1), the agency shall find that paragraph (1) was violated if a disclo- sure described in paragraph (1) was a con- tributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evi- dence that it would have taken the same ac- tion in the absence of such disclosure, giving the utmost deference to the agency’s assess- ment of the particular threat to the national security interests of the United States in the instant matter. (D) Tolling The time requirement established by sub- paragraph (A) for an employee or former em- ployee to appeal the decision of an agency may be tolled if the employee or former em- ployee presents substantial credible evidence showing why the employee or former em- ployee did not timely initiate the appeal and why the enforcement of the time require- ment would be unfair, such as evidence showing that the employee or former em- ployee— (i) did not receive notice of the decision; or (ii) could not timely initiate the appeal because of factors beyond the control of the employee or former employee. (5) Appellate review of security clearance ac- cess determinations by Director of Na- tional Intelligence (A) Appeal Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that deter- mination in accordance with the procedures established under subparagraph (B). (B) Policies and procedures The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adju- dicating the appeals authorized by subpara- graph (A). (C) Congressional notification Consistent with the protection of sources and methods, at the time the Director of Na- tional Intelligence issues an order regarding an appeal pursuant to the policies and proce- dures established by this paragraph, the Di- rector of National Intelligence shall notify the congressional intelligence committees. (6) Judicial review Nothing in this section shall be construed to permit or require judicial review of any— (A) agency action under this section; or (B) action of the appellate review proce- dures established under paragraph (5). (7) Private cause of action Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination. (8) Enforcement Except as otherwise provided in this sub- section, the President shall provide for the en- forcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged viola- tions of section 2302(b)(8) of title 5. (9) Inclusion of contractor employees In this subsection, the term ‘‘employee’’ in- cludes an employee of a contractor, subcon- tractor, grantee, subgrantee, or personal serv- ices contractor, of an agency. With respect to such employees, the term ‘‘employing agency’’ shall be deemed to be the contracting agency. (Pub. L. 108–458, title III, § 3001, Dec. 17, 2004, 118 Stat. 3705; Pub. L. 113–126, title VI, § 602(a)(1), (b), (c), July 7, 2014, 128 Stat. 1416, 1417, 1419; Pub. L. 113–293, title III, § 310, Dec. 19, 2014, 128 Stat. 3999; Pub. L. 115–118, title I, § 110(c), Jan. 19, 2018, 132 Stat. 17; Pub. L. 117–103, div. X, title V, Page 818 TITLE 50—WAR AND NATIONAL DEFENSE § 3341 § 501(b)–(d)(1), (e)(2), (h)–(k), Mar. 15, 2022, 136 Stat. 981–985; Pub. L. 117–286, § 4(b)(101), Dec. 27, 2022, 136 Stat. 4353; Pub. L. 118–31, div. G, title VII, §§ 7702(a)(3), 7703(c), title IX, § 7901(e), Dec. 22, 2023, 137 Stat. 1101, 1102, 1107.) 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, re- ferred to in subsec. (j)(1)(C)(i), is section 8H of Pub. 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 Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4242. Sub- secs. (a)(1) and (d) of section 8H were enacted as sub- secs. (b)(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 re- garding 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 435b of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2023—Subsec. (a)(4)(B)(i). Pub. L. 118–31, § 7901(e)(1)(A), substituted ‘‘);’’ for semicolon at end. Subsec. (a)(9)(A). Pub. L. 118–31, § 7901(e)(1)(B), sub- stituted ‘‘within industry’’ for ‘‘with industry’’. Subsec. (g). Pub. L. 118–31, § 7702(a)(3), struck out sub- sec. (g) which related to reduction in length of per- sonnel security clearance process. Subsec. (h). Pub. L. 118–31, § 7703(c), struck out subsec. (h) which related to annual reports. Subsec. (j)(1)(C)(i). Pub. L. 118–31, § 7901(e)(2), sub- stituted ‘‘(d), and (h) of section 8H’’ for ‘‘(d), and (g) of section 8H’’. 2022—Subsec. (a)(1)(B). Pub. L. 117–103, § 501(c), sub- stituted ‘‘or’’ for ‘‘and’’. Subsec. (j)(1). Pub. L. 117–103, § 501(j), substituted ‘‘to take, direct others to take, recommend, or approve’’ for ‘‘over’’ in introductory provisions. Subsec. (j)(1)(A). Pub. L. 117–103, § 501(e)(2), inserted ‘‘a supervisor in the employee’s direct chain of com- mand, or a supervisor of the employing agency with re- sponsibility 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). Pub. L. 117–103, § 501(d)(1), substituted ‘‘mismanagement’’ for ‘‘gross mismanage- ment’’. Subsec. (j)(1)(C)(i). Pub. L. 117–286, which directed substitution of ‘‘subsections (b)(1), (e), and (i) of section 416 of title 5;’’ for ‘‘subsections (a)(1), (d), and (h) of sec- tion 8H of the Inspector General Act of 1978 (5 U.S.C. App.);’’, could not be executed because ‘‘(h)’’ did not ap- pear in text after the intervening amendment by Pub. L. 117–103, § 501(k). See below. Pub. L. 117–103, § 501(k), substituted ‘‘(g)’’ for ‘‘(h)’’. Subsec. (j)(2). Pub. L. 117–103, § 501(i), inserted ‘‘or clearance action’’ after ‘‘personnel action’’. Subsec. (j)(3). Pub. L. 117–103, § 501(h), reenacted head- ing of par. (3), designated introductory provisions of subpar. (A) as introductory provisions of par. (3), redes- ignated 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) heading 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 em- ployee 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 re- prisal for the disclosure.’’ Subsec. (j)(4)(A). Pub. L. 117–103, § 501(b)(2)(A), in- serted ‘‘(except as provided by subparagraph (D))’’ after ‘‘within 90 days’’. Subsec. (j)(4)(D). Pub. L. 117–103, § 501(b)(2)(B), added subpar. (D). Subsec. (j)(8), (9). Pub. L. 117–103, § 501(b)(1), added par. (8) and redesignated former par. (8) as (9). 2018—Subsec. (j)(8). Pub. L. 115–118 added par. (8). 2014—Subsec. (a)(9). Pub. L. 113–126, § 602(c), added par. (9). Subsec. (b). Pub. L. 113–126, § 602(a)(1)(A), substituted ‘‘Except as otherwise provided, not’’ for ‘‘Not’’ in intro- ductory provisions. Subsec. (b)(7). Pub. L. 113–293, § 310(1), inserted ‘‘, and consistent with subsection (j)’’ after ‘‘2014’’ in introduc- tory provisions. Pub. L. 113–126, § 602(a)(1)(B)–(D), added par. (7). Subsec. (b)(7)(A). Pub. L. 113–293, § 310(2), substituted ‘‘alleging reprisal for having made a protected disclo- sure (provided the individual does not disclose classi- fied 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. (b)(7)(B). Pub. L. 113–293, § 310(3), substituted ‘‘information following a protected disclosure,’’ for ‘‘in- formation,’’. Subsec. (j). Pub. L. 113–126, § 602(b), added subsec. (j). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform of House of Rep- resentatives 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 Com- mittee on Oversight and Reform of House of Represent- atives by House Resolution No. 6, One Hundred Six- teenth 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 Hun- dred Eighteenth Congress, Jan. 9, 2023. CONSTRUCTION Pub. L. 113–126, title VI, § 602(e), July 7, 2014, 128 Stat. 1419, provided that: ‘‘Nothing in section 3001 of the In- telligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by this title, shall be con- strued to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified infor- mation) [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(b) of such Act [50 U.S.C. 3341(b)(7)], as added by this section.’’ PERFORMANCE MEASURES REGARDING TIMELINESS FOR PERSONNEL MOBILITY Pub. L. 117–103, div. X, title III, § 311, Mar. 15, 2022, 136 Stat. 972, provided that: Page 819 TITLE 50—WAR AND NATIONAL DEFENSE § 3342 ‘‘(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 pol- icy for measuring the total time it takes to transfer personnel with security clearances and eligibility for access to information commonly referred to as ‘sen- sitive compartmented information’ from one element of the intelligence community to another, or from one contract to another in the case of a contractor. ‘‘(b) REQUIREMENTS.—The policy issued under sub- section (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 in- formation; ‘‘(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 receiv- ing element to start to work in the new position; and ‘‘(3) include analysis of all appropriate phases of the process, including polygraph, suitability determina- tion, 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 recommenda- tions for legislative action to update metrics speci- fied 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 de- partment or agency and by clearance type in meeting such policy. ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional 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 com- mittees’’ and ‘‘intelligence community’’ as used in sec- tion 311 of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of this title.] REQUIRED ELEMENTS OF POLICIES AND PROCEDURES Pub. 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(b) of the Intelligence Reform and Terrorism Pre- vention Act of 2004 [50 U.S.C. 3341(b)(7)], as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector gen- eral 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 pos- sible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as wit- ness testimony.’’ EXISTING RIGHTS PRESERVED Pub. 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 oth- erwise 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 Pub. L. 112–277, title III, § 306, Jan. 14, 2013, 126 Stat. 2472, provided that: ‘‘(a) STRATEGY.—The President shall develop a strat- egy and a schedule for carrying out the requirements of section 3001(d) of the Intelligence Reform and Ter- rorism Prevention Act of 2004 (50 U.S.C. 435b(d)) [now 50 U.S.C. 3341(d)]. Such strategy and schedule shall in- clude— ‘‘(1) a process for accomplishing the reciprocity re- quired under such section for a security clearance issued by a department or agency of the Federal Gov- ernment, including reciprocity for security clear- ances 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 Fed- eral Government. ‘‘(b) 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).’’ § 3342. Security clearances for transition team members (1) Definition In this section, the term ‘‘eligible candidate’’ has the meaning given such term by section 3(h)(4) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note). (2) In general Each eligible candidate for President may sub- mit, before the date of the general election, re- quests for security clearances for prospective transition team members who will have a need for access to classified information to carry out their responsibilities as members of the Presi- dent-elect’s transition team. (3) Completion date Necessary background investigations and eli- gibility determinations to permit appropriate prospective transition team members to have access to classified information shall be com- pleted, to the fullest extent practicable, by the day after the date of the general election. (Pub. L. 108–458, title VII, § 7601(c), Dec. 17, 2004, 118 Stat. 3857; Pub. L. 111–283, § 2(c)(1), Oct. 15, 2010, 124 Stat. 3048.) Editorial Notes REFERENCES IN TEXT This section, referred to in par. (1), is section 7601 of Pub. L. 108–458. See Codification note below. Section 3(h)(4) of the Presidential Transition Act of 1963, referred to in par. (1), is section 3(h)(4) of Pub. L.