50 U.S. Code § 3341 - Security clearances
There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each fiscal year thereafter for the implementation, maintenance, and operation of the database required by subsection (e).
Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who lawfully discloses information to Congress.
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 employee 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 reprisal for the disclosure.
An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security 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 certification made under subsection (b)(7)).
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 employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000.
In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter.
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 determination in accordance with the procedures established under subparagraph (B).
The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A).
Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees.
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.
 So in original. There probably should be a closing parenthesis before the semicolon.
 So in original. Probably should be “within”.
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, referred to in subsec. (j)(1)(C)(i), is section 8H of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.
Section was formerly classified to section 435b of this title prior to editorial reclassification and renumbering as this section.
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 introductory provisions.
Subsec. (b)(7). Pub. L. 113–293, § 310(1), inserted “, and consistent with subsection (j)” after “2014” in introductory 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 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” 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 “information,”.
Subsec. (j). Pub. L. 113–126, § 602(b), added subsec. (j).
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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