§ 3355d. Standards and procedures

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. 2000

   Public Interest Declassification Act of 2000

   Pub. L. 106–567 title VII § 706 · 114 Stat. 2831

   Enacted · 50 U.S.C. § 3355d

   Pub. L. 106–567, title VII, § 706, Dec. 27, 2000, 114 Stat. 2861

   Source evidence

   Code source credit
   Pub. L. 106–567, title VII, § 706, Dec. 27, 2000, 114 Stat. 2861

   Enacted provision · exact public law section
   SEC. 706. STANDARDS AND PROCEDURES. (a) Liaison.— (1) The head of each agency with the authority under an Executive order to classify information and the head of each Federal Presidential library shall designate an employee of such agency or library to act as liaison to the Board for purposes of this title. (2) The Board may establish liaison and otherwise consult with such other historical and advisory committees as the Board considers appropriate for purposes of this title. (b) Limitations on Access.— (1) (A) Except as provided in paragraph Notification. (2), if the head of an agency or the head of a Federal Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board, to information contained in a record or material, in whole or in part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination. (B) Each notice to the Board under subparagraph (A) shall include a description of the nature of the records or materials, and a justification for the determination, covered by such notice. (2) In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of Central Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board. (c) Discretion To Disclose.— At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the public’s interest in the disclosure of records or materials of the agency covered by such review, and still properly classified, outweighs the Government’s need to protect such records or materials, and may release such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order. (d) Discretion To Protect.— At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order. (e) Reports.— (1) (A) Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this title, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this title. (B) In this paragraph, the term “appropriate congressional committees” means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Government Reform of the House of Representatives. (2) Notwithstanding paragraph (1), notice that the Board has been denied access to records and materials, and a justification for the determination in support of the denial, shall be submitted by the agency denying the access as follows: (A) In the case of the denial of access to a special access program created by the Secretary of Defense, to the Committees on Armed Services and Appropriations of the Senate and to the Committees on Armed Services and Appropriations of the House of Representatives. (B) In the case of the denial of access to a special access program created by the Director of Central Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (C) In the case of the denial of access to a special access program created by the Secretary of Energy or the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate and to the Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.

2. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 title I § 1102(e) · 118 Stat. 3638

   Added · 50 U.S.C. § 3355d(f)

   Pub. L. 108–458 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 108–458 added subsec. (f).

   Enacted provision · exact public law section
   (e) Notification of Review.— Section 706 of that Act (114 Stat. 2861) is amended by adding at the end the following new subsection: “(f) Notification of Review.— In response to a specific congressional request for declassification review described in section 703(b)(5), the Board shall advise the originators of the request in a timely manner whether the Board intends to conduct such review.” .

3. 2007

   Pub. L. 110–53 title VI § 602(1) · 121 Stat. 266

   Substituted · 50 U.S.C. § 3355d(b)(2); 50 U.S.C. § 3355d(e)(2)(B)

   Pub. L. 110–53 substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsecs. (b)(2), (e)(2)(B). Pub. L. 110–53 substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (1) by striking “Director of Central Intelligence” each place that term appears and inserting “Director of National Intelligence”;

4. 2022

   Intelligence Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. F title LXVIII § 6824(d)(4) · 136 Stat. 2395

   Substituted · 50 U.S.C. § 3355d(c); 50 U.S.C. § 3355d(d)

   Pub. L. 117–263 substituted “Executive Order 13526” for “Executive Order No. 12958”

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 117–263 substituted “Executive Order 13526” for “Executive Order No. 12958”.

   Enacted provision · exact public law section
   (4) in section 706 (50 U.S.C. 3355d), by striking “Executive Order No. 12958” both places it appears and inserting “Executive Order 13526”.

4 of 4 references resolved to an enrolled provision