§ 3141. Operational files of the Central Intelligence Agency

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Central Intelligence Agency Information Act

   Pub. L. 98–477 § 2(a) · 98 Stat. 2209

   Enacted · 50 U.S.C. § 3141

   July 26, 1947, ch. 343, title VII, § 701, as added Pub. L. 98–477, § 2(a), Oct. 15, 1984, 98 Stat. 2209

   Source evidence

   Code source credit
   July 26, 1947, ch. 343, title VII, § 701, as added Pub. L. 98–477, § 2(a), Oct. 15, 1984, 98 Stat. 2209

   Enacted provision · exact public law section
   (a) The National Security Act of 1947 is amended by adding at the end thereof the following new title: “TITLE VII— PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY “Sec. 701. “exemption of certain operational files from search, review, publication, or disclosure (a) Operational files of the Central Intelligence Agency 50 USC 431. may be exempted by the Director of Central Intelligence from the revisions of section 552 of title 5, United States Code (Freedom of information Act), which require publication or disclosure, or search or review in connection therewith. “(b) For the purposes of this title the term ‘operational files’ means— “(1) files of the Directorate of Operations which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; “(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counter intelligence is collected through scientific and technical systems; and “(3) files of the Office of Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. “(c) Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning— “(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on them-selves pursuant to the provisions of section 552 of title 5, United States Code (Freedom of Information Act), or section 552a of title 5, United States Code (Privacy Act of 1974); “(2) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code (Freedom of Information Act); or “(3) the specific subject matter of an investigation by the intelligence committees of the Congress, the Intelligence Over-sight Board, the Department of Justice, the Office of General Counsel of the Central Intelligence Agency, the Office of Inspector General of the Central Intelligence Agency, or the Office of the Director of Central Intelligence for any impropriety, or violation of law. Executive order, or Presidential directive, in the conduct of an intelligence activity. “(d) (1) Files that are not exempted under subsection (a) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review. “(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure. “(3) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a) of this section and which have been returned to exempted operational files for sole retention shall be subject to search and review. “(e) The provisions of subsection (a) of this section shall not be superseded except by a provision of law which is enacted after the date of enactment of subsection (a), and which specifically cites and repeals or modifies its provisions. “(f) Whenever any person who has requested agency records under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except that— “(1) in any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Central Intelligence Agency, such information shall be examined ex parts, in camera by the court; “(2) the court snail, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the parties; “(3) when a complaint alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence; “(4) (A) when a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b) of this section; and “(B) the court may not order the Central Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence; “(5) in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that 28 USC app. requests for admission may be made pursuant to rules 26 and 36; “(6) if the court finds under this subsection that the Central Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and “(7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint. “Sec. 702. “decennial review of exempted operational files (a) Not less than once every ten years, the Director of 50 USC 432. Central Intelligence shall review the exemptions in force under subsection (a) of section 701 of this Act to determine whether such Ante, p. 2209. exemptions may be removed from any category of exempted files or any portion thereof. “(b) The review required by subsection (a) of this section shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein. “(c) A complainant who alleges that the Central Intelligence Courte, U.S. Agency has improperly withheld records because of failure to comply with this section may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review.”.

2. 1996

   Intelligence Authorization Act for Fiscal Year 1996

   Pub. L. 104–93 title VII § 702 · 109 Stat. 961

   Substituted · 50 U.S.C. § 3141(b)(3)

   Pub. L. 104–93 substituted “Office of Personnel Security” for “Office of Security”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–93 substituted “Office of Personnel Security” for “Office of Security”.

   Enacted provision · exact public law section
   SEC. 702. CHANGE OF DESIGNATION OF CIA OFFICE OF SECURITY. Section 701(b)(3) of the National Security Act of 1947 (50 U.S.C. 431(b)(3)), is amended by striking “Office of Security” and inserting “Office of Personnel Security”.

3. 2002

   Pub. L. 107–306 title III § 353(b)(10) · 116 Stat. 2383

   Substituted · 50 U.S.C. § 3141(c)(3)

   Pub. L. 107–306 substituted “congressional intelligence committees” for “intelligence committees of the Congress”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 107–306 substituted “congressional intelligence committees” for “intelligence committees of the Congress”.

   Enacted provision · exact public law section
   (10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking “intelligence committees of the Congress” and inserting “congressional intelligence committees”.

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(d)(1)(B) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3141

   Pub. L. 108–136, § 922(d)(1)(B), substituted “Operational files of the Central Intelligence Agency” for “Exemption of certain operational files from search, review, publication, or disclosure” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 922(d)(1)(B), substituted “Operational files of the Central Intelligence Agency” for “Exemption of certain operational files from search, review, publication, or disclosure” in section catchline.

   Enacted provision · exact public law section
   (B) 50 USC 431. The heading for section 701 is amended to read as follows: “operational files of the central intelligence agency” .

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(b)(1) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3141(b)

   Pub. L. 108–136, § 922(b)(1), which directed the substitution of “In this section,” for “For purposes of this title”, was executed by making the substitution for “For the purposes of this title”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–136, § 922(b)(1), which directed the substitution of “In this section,” for “For purposes of this title”, was executed by making the substitution for “For the purposes of this title”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (1) in section 701(b) (50 U.S.C. 431(b)), by striking “For purposes of this title” and inserting “In this section,”; and

6. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(b)(2)(C) · 117 Stat. 1392

   Inserted · 50 U.S.C. § 3141(g)

   Pub. L. 108–136, § 922(b)(2)(C), inserted heading

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 108–136, § 922(b)(2)(C), inserted heading.

   Enacted provision · exact public law section
   (C) by inserting “Decennial Review of Exempted Operational Files.—” after the subsection designation (as designated by subparagraph (B));

7. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(b)(2)(B) · 117 Stat. 1392

   1. Redesignated · 50 U.S.C. § 3141(g)

      Pub. L. 108–136, § 922(b)(2)(B), transferred text of section 432 of this title to this section, redesignated it as subsec. (g)

   2. Redesignated · 50 U.S.C. § 3141(g)

      Pub. L. 108–136, § 922(b)(2)(B), transferred text of section 432 of this title to this section, redesignated subsecs. (a) to (c) of that text as pars. (1) to (3), respectively, of subsec. (g)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 922(b)(2)(B), transferred text of section 432 of this title to this section, redesignated it as subsec. (g), and redesignated subsecs. (a) to (c) of that text as pars. (1) to (3), respectively, of subsec. (g).

   Enacted provision · exact public law section
   (B) by redesignating the text of that section as subsection (g) of section 701 and redesignating subsections (a), (b), and (c) thereof as paragraphs (1), (2), and (3), respectively;

8. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(b)(2)(D) · 117 Stat. 1392

   Struck · 50 U.S.C. § 3141(g)(1)

   Pub. L. 108–136, § 922(b)(2)(D), struck out “of section 431 of this title” after “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 108–136, § 922(b)(2)(D), struck out “of section 431 of this title” after “subsection (a)”.

   Enacted provision · exact public law section
   (D) in paragraph (1) (as redesignated by subparagraph (B)), by striking “of section 701 of this Act”;

9. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 922(b)(2)(E) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3141(g)(2)

   Pub. L. 108–136, § 922(b)(2)(E), which directed the substitution of “paragraph (1)” for “of subsection (a) of this section”, was executed by making the substitution for “subsection (a) of this section”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 108–136, § 922(b)(2)(E), which directed the substitution of “paragraph (1)” for “of subsection (a) of this section”, was executed by making the substitution for “subsection (a) of this section”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (E) in paragraph (2) (as redesignated by subparagraph (B)), by striking “of subsection (a) of this section” and inserting “paragraph (1)”; and

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 922(b)(2)(F)(ii) · 117 Stat. 1392

    Substituted · 50 U.S.C. § 3141(g)(3)

    Pub. L. 108–136, § 922(b)(2)(F)(ii), substituted “to determining the following:” and subpars. (A) and (B) for “to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review.”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 108–136, § 922(b)(2)(F)(ii), substituted “to determining the following:” and subpars. (A) and (B) for “to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review.”

    Enacted provision · exact public law section
    (ii) by striking “to determining” in the second sentence and all that follows and inserting “to determining the following: “(A) Whether the Central Intelligence Agency has conducted the review required by paragraph (1) before October 15, 1994, or before the expiration of the 10-year period beginning on the date of the most recent review. “(B) Whether the Central Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.” .

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 922(b)(2)(F)(i) · 117 Stat. 1392

    Substituted · 50 U.S.C. § 3141(g)(3)

    Pub. L. 108–136, § 922(b)(2)(F)(i), substituted “with this subsection” for “with this section” in first sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–136, § 922(b)(2)(F)(i), substituted “with this subsection” for “with this section” in first sentence.

    Enacted provision · exact public law section
    (i) by striking “with this section” in the first sentence and inserting “with this subsection”; and

12. 2004

    National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(6)(A) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3141(a)

    Pub. L. 108–458, § 1071(a)(6)(A), substituted “The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency” for “Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–458, § 1071(a)(6)(A), substituted “The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency” for “Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence” and inserting “The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency”; and

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

13. 2004

    National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1072(a)(7) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3141(c)(3)

    Pub. L. 108–458, § 1072(a)(7), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 108–458, § 1072(a)(7), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence”.

    Enacted provision · exact public law section
    (7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking “Office of the Director of Central Intelligence” and inserting “Office of the Director of National Intelligence”.

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

14. 2004

    National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(6)(B) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3141(g)(1)

    Pub. L. 108–458, § 1071(a)(6)(B), substituted “Director of the Central Intelligence Agency and the Director of National Intelligence” for “Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 108–458, § 1071(a)(6)(B), substituted “Director of the Central Intelligence Agency and the Director of National Intelligence” for “Director of Central Intelligence”.

    Enacted provision · exact public law section
    (B) in subsection (g)(1), by striking “Director of Central Intelligence” and inserting “Director of the Central Intelligence Agency and the Director of National Intelligence”.

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

15. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 title VIII § 804(6) · 124 Stat. 2654

    Substituted · 50 U.S.C. § 3141(b)(1)

    Pub. L. 111–259 substituted “National Clandestine Service” for “Directorate of Operations”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–259 substituted “National Clandestine Service” for “Directorate of Operations”.

    Enacted provision · exact public law section
    (6) in section 701(b)(1), 50 USC 431. by striking “Directorate of Operations” and inserting “National Clandestine Service”;

16 of 16 references resolved to an enrolled provision