Title 50 — War and National Defense
Chapter 45 — Miscellaneous Intelligence Community Authorities
§ 3351b. Limitations on determinations regarding certain security classifications
Statutory text
Prohibition
An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a classification decision with respect to information related to such officer’s nomination.
Classification determinations
In general
Except as provided in paragraph (2), in a case in which an officer described in subsection (a) has been nominated as described in such subsection and classification authority rests with the officer or another officer who reports directly to such officer, a classification decision with respect to information relating to the officer shall be made by the Director of National Intelligence.
Nominations of Director of National Intelligence
In a case described in paragraph (1) in which the officer nominated is the Director of National Intelligence, the classification decision shall be made by the Principal Deputy Director of National Intelligence.
Reports
Whenever the Director or the Principal Deputy Director makes a decision under subsection (b), the Director or the Principal Deputy Director, as the case may be, shall submit to the congressional intelligence committees a report detailing the reasons for the decision.
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.
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. E title LXIII § 6310 · 133 Stat. 1198
Enacted · 50 U.S.C. § 3351b
(Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.)
Source evidence
Code source credit
(Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.)
0 of 1 references resolved to an enrolled provision · 1 partial
Statutory Notes and Related Subsidiaries
Definitions
For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.