50 USC 3343 - Security clearances; limitations

U.S Code last checked for updates: Nov 23, 2024

§ 3343.

Security clearances; limitations

(a)

Definitions

In this section:

(1)

Controlled substance

(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

(4)

Special access program

(b)

Prohibition

(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 sentence for not less than 1 year;

(B)

has been discharged or dismissed from the Armed Forces under dishonorable conditions; or

(C)

is mentally incompetent, as determined by an adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or acceptable to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d).

(2)

Waiver authority

In a meritorious case, an exception to the disqualification in this subsection may be authorized if there are mitigating factors. Any such waiver may be authorized only in accordance with—

(A)

standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President; or

(B)

the adjudicative guidelines required by subsection (d).

(3)

Covered security clearances

This subsection applies to security clearances that provide for access to—

(A)

special access programs;

(B)

Restricted Data; or

(C)

any other information commonly referred to as “sensitive compartmented information”.

(4)

Annual report

(A)

Requirement for report

(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 committees;

(II)

the congressional intelligence committees;

(III)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(IV)

the Committee on Oversight and Government Reform of the House of Representatives; and

(V)

each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency.

(ii)

Congressional defense committees

(iii)

Congressional intelligence committees

(d)

Adjudicative guidelines

(1)

Requirement to establish

(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 concerning the standards in the guidelines may be raised solely on the basis of seeking mental 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.)

cite as: 50 USC 3343