dreamproit/uscode huggingface dataset:
50 U.S.C. § 3344 (WAR AND NATIONAL DEFENSE)
§ 3344. Classification training program
(a) In general
The head of each Executive agency, in accordance with Executive Order 13526, shall require annual training for each employee who has original classification authority. For employees who perform derivative classification, or are responsible for analysis, dissemination, preparation, production, receipt, publication, or otherwise communication of classified information, training shall be provided at least every two years. Such training shall—
(1) educate the employee, as appropriate, regarding—
(A) the guidance established under subparagraph (G) of section 3024(g)(1) of this title, as added by section 5(a)(3),1 regarding the formatting of finished intelligence products;
(B) the proper use of classification markings, including portion markings that indicate the classification of portions of information; and
(C) any incentives and penalties related to the proper classification of intelligence information; and
(2) ensure such training is a prerequisite, once completed successfully, as evidenced by an appropriate certificate or other record, for—
(A) obtaining original classification authority or derivatively classifying information; and
(B) maintaining such authority.
(b) Relationship to other programs
The head of each Executive agency shall ensure that the training required by subsection (a) is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the costs and administrative burdens associated with carrying out the training required by subsection (a).
(Pub. L. 111–258, § 7, Oct. 7, 2010, 124 Stat. 2652.)
heading: Editorial Notes
heading: References in Text
text: Executive Order 13526, referred to in subsec. (a), is set out as a note under section 3161 of this title.
Section 5(a)(3), referred to in subsec. (a)(1)(A), probably means section 5(a)(3) of Pub. L. 111–258.
heading: Codification
text: Section was formerly classified to section 435d of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: Pub. L. 111–258, § 3, Oct. 7, 2010, 124 Stat. 2648, provided that:
“In this Act [see Short Title of 2010 Amendment note set out under section 101 of Title 6, Domestic Security]:
“(1) Derivative classification and original classification.—
The terms ‘derivative classification’ and ‘original classification’ have the meanings given those terms in Executive Order No. 13526 [50 U.S.C. 3161 note].
“(2) Executive agency.—
The term ‘Executive agency’ has the meaning given that term in section 105 of title 5, United States Code.
“(3) Executive order no. 13526.—
The term ‘Executive Order No. 13526’ means Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information) or any subsequent corresponding executive order.”
50 U.S.C. § 3346 (WAR AND NATIONAL DEFENSE)
§ 3346. Compilation and organization of previously declassified records
(a) , (b) Omitted
(c) Compilation and organization of records
The Department of Defense may not be required, when conducting a special search, to compile or organize records that have already been declassified and placed into the public domain.
(d) Special searches
For the purpose of this section, the term “special search” means the response of the Department of Defense to any of the following:
(1) A statutory requirement to conduct a declassification review on a specified set of agency records.
(2) An Executive order to conduct a declassification review on a specified set of agency records.
(3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a specified set of agency records.
(Pub. L. 106–398, § 1 [[div. A], title X, § 1075], Oct. 30, 2000, 114 Stat. 1654, 1654A–280.)
heading: Editorial Notes
heading: References in Text
text: This section, referred to in subsec. (d), is section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. See Codification note below.
heading: Codification
text: Section was formerly classified as a note under section 435 of this title prior to editorial reclassification as this section.
Section is comprised of section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. Subsec. (a) of section 1075 amended former section 230 of Title 10, Armed Forces and subsec. (b) of section 1075 was not classified to the Code.
50 U.S.C. § 3347 (WAR AND NATIONAL DEFENSE)
§ 3347. Secrecy agreements used in intelligence activities
Notwithstanding any other provision of law not specifically referencing this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum—
(1) require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government; and
(2) provide that the form or agreement does not bar—
(A) disclosures to Congress; or
(B) disclosures to an authorized official of an executive agency that are deemed essential to reporting a violation of United States law.
(Pub. L. 104–93, title III, § 306, Jan. 6, 1996, 109 Stat. 966.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified as a note under section 435 of this title prior to editorial reclassification as this section.
50 U.S.C. § 3350 (WAR AND NATIONAL DEFENSE)
§ 3350. Maximum amount charged for declassification reviews
In reviewing and processing a request by a person for the mandatory declassification of information pursuant to Executive Order No. 13526, a successor executive order, or any provision of law, the head of an element of the intelligence community—
(1) may not charge the person reproduction fees in excess of the amount of fees that the head would charge the person for reproduction required in the course of processing a request for information under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”); and
(2) may waive or reduce any processing fees in the same manner as the head waives or reduces fees under such section 552.
(Pub. L. 115–31, div. N, title III, § 313, May 5, 2017, 131 Stat. 816.)
heading: Editorial Notes
heading: References in Text
text: Executive Order No. 13526, referred to in text, is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definition of “intelligence community”, referred to in text, see section 2 of div. N of Pub. L. 115–31, set out as a note under section 3003 of this title.
50 U.S.C. § 3351b (WAR AND NATIONAL DEFENSE)
§ 3351b. Limitations on determinations regarding certain security classifications
(a) 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.
(b) Classification determinations
(1) 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.
(2) 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.
(c) 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.
(Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “intelligence community” and “congressional intelligence committees”, referred to in text, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
50 U.S.C. § 3352 (WAR AND NATIONAL DEFENSE)
§ 3352. Definitions
In this title:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of Representatives;
(F) the Committee on Appropriations of the House of Representatives;
(G) the Committee on Homeland Security of the House of Representatives; and
(H) the Committee on Oversight and Reform of the House of Representatives.
(2) Appropriate industry partner
The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order No. 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive order.
(3) Continuous vetting
The term “continuous vetting” has the meaning given such term in Executive Order No. 13467 (50 U.S.C. 3161 note; relating to reforming processes for determining suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
(4) Council
The term “Council” means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.
(5) Reciprocity
The term “reciprocity” means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
(6) Security Executive Agent
The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to section 3162a of this title.
(7) Suitability and Credentialing Executive Agent
The term “Suitability and Credentialing Executive Agent” means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order No. 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity.
(Pub. L. 116–92, div. E, title LXVI, § 6601, Dec. 20, 2019, 133 Stat. 2209.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in text, means title LXVI of div. E of Pub. L. 116–92, which enacted this section and sections 3162a and 3352a to 3352f of this title and amended sections 3033, 3104, 3163, and 3164 of this title. For complete classification of title LXVI to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definition of “congressional intelligence committees”, referred to in par. (1)(A), see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
50 U.S.C. § 3352c (WAR AND NATIONAL DEFENSE)
§ 3352c. Goals for promptness of determinations regarding security clearances
(a) In general
The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under section 3352b(b)(3)(C) of this title, regarding—
(1) security clearances—
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer; and
(2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
(b) Certain reinvestigations
The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance.
(c) Equivalent metrics
(1) In general
If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (b) and (c),1 the Council may use those metrics for purposes of compliance within this provision.
(2) Notice
If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority.
(d) Plan
Not later than 180 days after December 20, 2019, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (b) and (c) 1 for 2019, 2020, and 2021.
(Pub. L. 116–92, div. E, title LXVI, § 6604, Dec. 20, 2019, 133 Stat. 2213.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Council”, “reciprocity”, “appropriate congressional committees”, and “appropriate industry partners”, referred to in text, see section 3352 of this title.
50 U.S.C. § 3352d (WAR AND NATIONAL DEFENSE)
§ 3352d. Reports on reciprocity for security clearances inside of departments and agencies
(a) Reports to Security Executive Agent
The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that, with respect to the period covered by the report—
(1) identifies the number of individuals whose security clearances took more than 2 weeks for reciprocity recognition after such individuals move to another part of such department or agency; and
(2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays.
(b) Annual report
Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners a report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
(Pub. L. 116–92, div. E, title LXVI, § 6608, Dec. 20, 2019, 133 Stat. 2216.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Security Executive Agent”, “reciprocity”, and “appropriate congressional committees”, referred to in text, see section 3352 of this title.
50 U.S.C. § 3352e (WAR AND NATIONAL DEFENSE)
§ 3352e. Periodic report on positions in the intelligence community that can be conducted without access to classified information, networks, or facilities
Not later than 180 days after December 20, 2019, and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level.
(Pub. L. 116–92, div. E, title LXVI, § 6610, Dec. 20, 2019, 133 Stat. 2218.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “congressional intelligence committees” and “intelligence community”, referred to in text, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.
50 U.S.C. § 3355 (WAR AND NATIONAL DEFENSE)
§ 3355. Findings
Congress makes the following findings:
(1) It is in the national interest to establish an effective, coordinated, and cost-effective means by which records on specific subjects of extraordinary public interest that do not undermine the national security interests of the United States may be collected, retained, reviewed, and disseminated to Congress, policymakers in the executive branch, and the public.
(2) Ensuring, through such measures, public access to information that does not require continued protection to maintain the national security interests of the United States is a key to striking the balance between secrecy essential to national security and the openness that is central to the proper functioning of the political institutions of the United States.
(Pub. L. 106–567, title VII, § 702, Dec. 27, 2000, 114 Stat. 2856.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out in a note under section 3161 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–567, title VII, § 710, Dec. 27, 2000, 114 Stat. 2864, as amended by Pub. L. 108–458, title I, § 1102(f), Dec. 17, 2004, 118 Stat. 3700; Pub. L. 110–53, title VI, § 602(4), Aug. 3, 2007, 121 Stat. 336; Pub. L. 112–235, § 2(c), Dec. 28, 2012, 126 Stat. 1626; Pub. L. 113–126, title III, § 311, July 7, 2014, 128 Stat. 1399; Pub. L. 116–92, div. E, title LXVII, § 6741(b), Dec. 20, 2019, 133 Stat. 2239, provided that:“This title [enacting this subchapter] shall take effect on the date that is 120 days after the date of the enactment of this Act [Dec. 27, 2000].”
heading: Status of Board
text: Pub. L. 116–92, div. E, title LXVII, § 6741(c), Dec. 20, 2019, 133 Stat. 2239, provided that:
“Notwithstanding section 710(b) of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) as in effect on the day before the date of the enactment of this Act [Dec. 20, 2019]—
“(1) the Public Interest Declassification Board shall be deemed to not have terminated for purposes of the appointment of members to the Board;
“(2) section 703(h) of such Act [50 U.S.C. 3355a(h)] shall not apply with respect to the period beginning on December 31, 2018, and ending on the day before the date of the enactment of this Act; and
“(3) the length of the terms of the members serving on the Board as of December 30, 2018, shall be calculated by not counting the period specified in paragraph (2).”
[Prior to being struck out by Pub. L. 116–92, div. E, title LXVII, § 6741(b)(1), Dec. 20, 2019, 133 Stat. 2239, section 710(b) of the Public Interest Declassification Act of 2000 (Pub. L. 106–567, title VII), referred to in the introductory provisions of section 6741(c) of Pub. L. 116–92, set out above, provided that: “The provisions of this title shall expire on December 31, 2018.”
Section 710 of the Act was formerly set out in a note under section 3161 of this title, and was editorially transferred and is now set out as an Effective Date note above.]
50 U.S.C. § 3355c (WAR AND NATIONAL DEFENSE)
§ 3355c. Protection of national security information and other information
(a) In general
Nothing in this subchapter shall be construed to limit the authority of the head of an agency to classify information or to continue the classification of information previously classified by that agency.
(b) Special access programs
Nothing in this subchapter shall be construed to limit the authority of the head of an agency to grant or deny access to a special access program.
(c) Authorities of Director of National Intelligence
Nothing in this subchapter shall be construed to limit the authorities of the Director of National Intelligence as the head of the intelligence community, including the Director’s responsibility to protect intelligence sources and methods from unauthorized disclosure as required by section 103(c)(6) 1 of the National Security Act of 1947.
(d) Exemptions to release of information
Nothing in this subchapter shall be construed to limit any exemption or exception to the release to the public under this subchapter of information that is protected under subsection (b) of section 552 of title 5 (commonly referred to as the “Freedom of Information Act”), or section 552a of title 5 (commonly referred to as the “Privacy Act”).
(e) Withholding information from Congress
Nothing in this subchaper shall be construed to authorize the withholding of information from Congress.
(Pub. L. 106–567, title VII, § 705, Dec. 27, 2000, 114 Stat. 2861; Pub. L. 110–53, title VI, § 602(1), (3), Aug. 3, 2007, 121 Stat. 335, 336.)
heading: Editorial Notes
heading: References in Text
text: Section 103 of the National Security Act of 1947, referred to in subsec. (c), is act July 26, 1947, ch. 343, title I, § 103, as added Pub. L. 102–496, title VII, § 705(a)(3), Oct. 24, 1992, 106 Stat. 3190, which was repealed by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698. See section 3024(i) of this title.
heading: Codification
text: Section was formerly set out in a note under section 3161 of this title.
heading: Amendments
text: 2007—Subsec. (c). Pub. L. 110–53 substituted “Director of National Intelligence” for “Director of Central Intelligence” in heading and text.
50 U.S.C. § 3355e (WAR AND NATIONAL DEFENSE)
§ 3355e. Judicial review
Nothing in this subchapter limits the protection afforded to any information under any other provision of law. This subchapter is not intended and may not be construed to create any right or benefit, substantive or procedural, enforceable against the United States, its agencies, its officers, or its employees. This subchapter does not modify in any way the substantive criteria or procedures for the classification of information, nor does this subchapter create any right or benefit subject to judicial review.
(Pub. L. 106–567, title VII, § 707, Dec. 27, 2000, 114 Stat. 2862.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out in a note under section 3161 of this title.
50 U.S.C. § 3355f (WAR AND NATIONAL DEFENSE)
§ 3355f. Funding
(a) Authorization of appropriations
There is hereby authorized to be appropriated to carry out the provisions of this subchapter amounts as follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001, such sums as may be necessary for such fiscal year.
(b) Funding requests
The President shall include in the budget submitted to Congress for each fiscal year under section 1105 of title 31 a request for amounts for the activities of the Board under this subchapter during such fiscal year.
(Pub. L. 106–567, title VII, § 708, Dec. 27, 2000, 114 Stat. 2863.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out in a note under section 3161 of this title.