Sec. 6601. Security clearances held by certain former employees of intelligence community
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Section 803(c) of the National Security Act of 1947 ( 50 U.S.C. 3162a(c) ) is amended— in paragraph (3), by striking ; and and inserting a semicolon; in paragraph (4), by striking the period at the end and inserting ; and ; and by adding at the end the following: issue guidelines and instructions to the heads of Federal agencies to ensure that any individual who was appointed by the President to a position in an element of the intelligence community but is no longer employed by the Federal Government shall maintain a security clearance only in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order. .
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, or such other officer of the United States acting as the Security Executive Agent pursuant to subsection
(a)of section 803 of the National Security Act of 1947 ( 50 U.S.C. 3162a ), shall submit to the congressional intelligence committees and the congressional defense committees the guidelines and instructions required by subsection (c)(5) of such section, as added by subsection
(a)of this section. In this subsection: The term appropriate committees of Congress means— the congressional intelligence committees; the congressional defense committees; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Oversight and Accountability of the House of Representatives. The term covered former officer means an individual who meets the following criteria: The individual— has been appointed by the President to a position, including in an acting capacity, in the intelligence community that requires the advice and consent of the Senate; or has performed in an acting capacity the functions and duties of a head of an element of the intelligence community. The individual is not employed in a position covered by any of sections 2104 through 2107 of title 5, United States Code. The individual holds a security clearance. Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually until December 31, 2029, the Director of National Intelligence, or such other officer of the United States acting as the Security Executive Agent pursuant to section 803(a) of the National Security Act of 1947 ( 50 U.S.C. 3162a(a) ), shall submit to the appropriate committees of Congress an annual report on covered former officers. Each report submitted pursuant to paragraph
(2)shall include the following: A list of each individual who was a covered former officer at any time during the period covered by the report. For each individual listed in accordance with subparagraph (A)— the position described in paragraph (1)(b)(i) with respect to the covered former officer; the dates of service in such position; a description of each subsequent employment position, other than any such position described in paragraph (1)(b)(ii), occupied by the covered former officer while the covered former officer held a security clearance; and the element of the United States Government that authorized and adjudicated the security clearance of the covered former officer.
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Sec. 6601
Security clearances held by certain former employees of intelligence community
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