50 U.S.C. § 833 — Repealed. Pub. L. 104–201, div. A, title XVI,

Page 93 TITLE 50—WAR AND NATIONAL DEFENSE § 834 chapter referred to as the ‘‘Secretary’’) shall prescribe such regulations relating to con- tinuing security procedures as he considers nec- essary to assure— (1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the ‘‘Agency’’), or continue to be so em- ployed, detailed, or assigned; and (2) that no person so employed, detailed, or assigned shall have access to any classified in- formation; unless such employment, detail, assignment, or access to classified information is clearly con- sistent with the national security. (Sept. 23, 1950, ch. 1024, title III, § 301, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.) § 832. Full field investigation and appraisal (a) Conditional employment; other current secu- rity clearance; circumstances authorizing employment on temporary basis No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connec- tion with such employment, detail, or assign- ment, and is cleared for access to classified in- formation in accordance with the provisions of this subchapter; excepting that conditional em- ployment without access to sensitive cryptologic information or material may be ten- dered any applicant, under such regulations as the Secretary may prescribe, pending the com- pletion of such full field investigation: And pro- vided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or de- tailed to the Agency who have a current secu- rity clearance for access to sensitive cryptologic information under equivalent standards of in- vestigation and clearance. During any period of war declared by the Congress, or during any pe- riod when the Secretary determines that a na- tional disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the na- tional interest, he may authorize the employ- ment of any person in, or the detail or assign- ment of any person to, the Agency, and may grant to any such person access to classified in- formation, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified informa- tion required by this subsection, if the Sec- retary determines that such action is clearly consistent with the national security. (b) Boards of appraisal; establishment; member- ship; appointment; appraisal in doubtful cases; report and recommendation; qualifica- tions of members; Secretary’s clearance con- trary to board’s recommendation To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loy- alty and suitability of persons for access to clas- sified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that informa- tion would be clearly consistent with the na- tional security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under sections 7512 and 7532 of title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his ap- pointment as such a member, and shall have been cleared by the Director for access to classi- fied information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national inter- est. (Sept. 23, 1950, ch. 1024, title III, § 302, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.) Editorial Notes CODIFICATION In subsec. (b), ‘‘sections 7512 and 7532 of title 5’’ sub- stituted for ‘‘section 14 of the Act of June 27, 1944, chap- ter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22–1)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Sections 7511 and 7512 (which related to adverse actions against pref- erence eligible employees and comprised subchapter II of chapter 75) were repealed by Pub. L. 95–454 and re- placed by a new subchapter II (§§ 7511–7514) of chapter 75 (relating to removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less). § 833. Repealed. Pub. L. 104–201, div. A, title XVI, § 1633(b)(2), Sept. 23, 1996, 110 Stat. 2751 Section, act Sept. 23, 1950, ch. 1024, title III, § 303, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 169; amended Oct. 27, 1972, Pub. L. 92–596, § 7, 86 Stat. 1318; Oct. 21, 1977, Pub. L. 95–140, § 3(c), 91 Stat. 1173; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 1, 1986, Pub. L. 99–433, title I, § 110(h)(3), 100 Stat. 1004, related to termination of employment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 1593 of Title 10, Armed Forces. § 834. ‘‘Classified information’’ defined For the purposes of this section, the term ‘‘classified information’’ means information which, for reasons of national security, is spe- cifically designated by a United States Govern- ment agency for limited or restricted dissemina- tion or distribution. (Sept. 23, 1950, ch. 1024, title III, § 304, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.)