50 U.S. Code § 3343 - Security clearances; limitations
In this section:
(1) Controlled substance
(2) Covered person
The term “covered person” means—
(B) a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and
(3) Restricted Data
(4) Special access program
The term “special access program” has the meaning given that term in section 4.1 of Executive Order No. 12958 (60 Fed. Reg. 19825).
(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;
(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
(3) Covered security clearances
This subsection applies to security clearances that provide for access to—
(4) Annual report
(A) Requirement for report
Not later than February 1 of each year, the head of a Federal agency shall submit a report to the appropriate committees of Congress if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) during the preceding year. Such annual report shall not reveal the identity of such person, but shall include for each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.
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—
(ii) Congressional defense committees The term “congressional defense committees” has the meaning given that term in section 101 (a)(16) of title 10.
(d) Adjudicative guidelines
(1) Requirement to establish
The President shall establish adjudicative guidelines for determining eligibility for access 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
Source(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.)
References in Text
Executive Order 12958, referred to in subsec. (a)(4), which was formerly set out as a note under section 435 of this title, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731, and was reclassified as a note under section 3161 of this title.
Section was formerly classified to section 435c of this title prior to editorial reclassification and renumbering as this section.