50 U.S.C. § 435 : US Code - Section 435: Procedures

Search 50 U.S.C. § 435 : US Code - Section 435: Procedures

(a) Not later than 180 days after October 14, 1994, the President
shall, by Executive order or regulation, establish procedures to
govern access to classified information which shall be binding upon
all departments, agencies, and offices of the executive branch of
Government. Such procedures shall, at a minimum -
(1) provide that, except as may be permitted by the President,
no employee in the executive branch of Government may be given
access to classified information by any department, agency, or
office of the executive branch of Government unless, based upon
an appropriate background investigation, such access is
determined to be clearly consistent with the national security
interests of the United States;
(2) establish uniform minimum requirements governing the scope
and frequency of background investigations and reinvestigations
for all employees in the executive branch of Government who
require access to classified information as part of their
official responsibilities;
(3) provide that all employees in the executive branch of
Government who require access to classified information shall be
required as a condition of such access to provide to the
employing department or agency written consent which permits
access by an authorized investigative agency to relevant
financial records, other financial information, consumer reports,
travel records, and computers used in the performance of
Government duties, as determined by the President, in accordance
with section 436 of this title, during the period of access to
classified information and for a period of three years
thereafter;
(4) provide that all employees in the executive branch of
Government who require access to particularly sensitive
classified information, as determined by the President, shall be
required, as a condition of maintaining access to such
information, to submit to the employing department or agency,
during the period of such access, relevant information concerning
their financial condition and foreign travel, as determined by
the President, as may be necessary to ensure appropriate
security; and
(5) establish uniform minimum standards to ensure that
employees in the executive branch of Government whose access to
classified information is being denied or terminated under this
subchapter are appropriately advised of the reasons for such
denial or termination and are provided an adequate opportunity to
respond to all adverse information which forms the basis for such
denial or termination before final action by the department or
agency concerned.
(b)(1) Subsection (a) of this section shall not be deemed to
limit or affect the responsibility and power of an agency head
pursuant to other law or Executive order to deny or terminate
access to classified information if the national security so
requires. Such responsibility and power may be exercised only when
the agency head determines that the procedures prescribed by
subsection (a) of this section cannot be invoked in a manner that
is consistent with the national security.
(2) Upon the exercise of such responsibility, the agency head
shall submit a report to the congressional intelligence committees.