§ 3164. Definitions

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

   Counterintelligence and Security Enhancements Act of 1994

   Pub. L. 103–359 title VIII § 802(a) · 108 Stat. 3423

   Enacted · 50 U.S.C. § 3164

   July 26, 1947, ch. 343, title VIII, § 805, formerly § 804, as added Pub. L. 103–359, title VIII, § 802(a), Oct. 14, 1994, 108 Stat. 3438

   Source evidence

   Code source credit
   July 26, 1947, ch. 343, title VIII, § 805, formerly § 804, as added Pub. L. 103–359, title VIII, § 802(a), Oct. 14, 1994, 108 Stat. 3438

   Enacted provision · exact public law section
   (a) Amendment of the National Security Act of 1947.— The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new title: “TITLE VIII— ACCESS TO CLASSIFIED INFORMATION “procedures “Sec. 801. (a) Not later than 180 days after the date of enactment President. 50 USC 435. of this title, 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, and travel records, as determined by the President, in accordance with section 802 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 title 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) 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) 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 Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “requests by authorized investigative agencies “Sec. 802. (a) (1) Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States. “(2) Requests may be made under this section where— “(A) the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and “(B) (i) there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power; “(ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or “(iii) circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power. “(3) Each such request— “(A) shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that— “(i) the person concerned is or was an employee within the meaning of paragraph (2)(A); “(ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and “(iii) the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review; “(B) shall contain a copy of the agreement referred to in subparagraph (A)(iii); “(C) shall identify specifically or by category the records or information to be reviewed; and “(D) shall inform the recipient of the request of the prohibition described in subsection (b). “(b) Notwithstanding any other provision of law, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person, other than those officers, employees, or agents of such entity necessary to satisfy a request made under this section, that such entity has received or satisfied a request made by an authorized investigative agency under this section. “(c) (1) Notwithstanding any other provision of law (other than section 6103 of the Internal Revenue Code of 1986), an entity receiving a request for records or information under subsection (a) shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information. “(2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. “(d) Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data. “(e) An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only— “(1) to the agency employing the employee who is the subject of the records or information; “(2) to the Department of Justice for law enforcement or counterintelligence purposes; or “(3) with respect to dissemination to an agency of the United States, if such information is clearly relevant to the authorized responsibilities of such agency. “(f) Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). “exceptions “Sec. 803. Except as otherwise specifically provided, the provisions 50 USC 437. of this title shall not apply to the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Federal judges appointed by the President. “definitions “Sec. 804. For purposes of this title— “(1) the term ‘authorized investigative agency’ means an agency authorized by law or regulation to conduct a counter-intelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information; “(2) the term ‘classified information’ means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic Energy Act of 1954, to require protection against unauthorized disclosure and that is so designated; “(3) the term ‘consumer reporting agency’ has the meaning given such term in section 603 of the Consumer Credit Protection Act (15 U.S.C. 1681a); “(4) the term ‘employee’ includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President; “(5) the terms ‘financial agency’ and ‘financial institution’ have the meanings given to such terms in section 5312(a) of title 31, United States Code, and the term ‘holding company’ has the meaning given to such term in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401); “(6) the terms ‘foreign power’ and ‘agent of a foreign power’ have the same meanings as set forth in sections 101 (a) and (b), respectively, of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and “(7) the term ‘State’ means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States.”.

2. 1999

   Intelligence Authorization Act for Fiscal Year 2000

   Pub. L. 106–120 title III § 305(b) · 113 Stat. 1606

   Added · 50 U.S.C. § 3164(8)

   Pub. L. 106–120 added par. (8)

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 106–120 added par. (8).

   Enacted provision · exact public law section
   (b) Computer Defined.— Section 804 of that Act (50 U.S.C. 438) is amended— (1) by striking “and” at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting “; and”; and (3) by adding at the end the following: “(8) the term ‘computer’ means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.”.

3. 2023

   Intelligence Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 div. G title IX § 7901(a)(3) · 137 Stat. 136

   Substituted · 50 U.S.C. § 3164(6)

   Pub. L. 118–31 substituted “subsections (a) and (b) of section 1801” for “sections 1801(a) and (b)”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 118–31 substituted “subsections (a) and (b) of section 1801” for “sections 1801(a) and (b)”.

   Enacted provision · exact public law section
   (3) in section 805(6) (50 U.S.C. 3164(6)), by striking “sections 101 (a) and (b)” and inserting “subsections (a) and (b) of section 101”; and

3 of 3 references resolved to an enrolled provision