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50 U.S.C. § 3163 — Operational files of the National Security Agency
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption of certain operational files from search, review, publication, or disclosure** The Director of the National Security Agency, in coordination with the Director of National Intelligence, may exempt operational files of the National Security Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) which require publication, disclosure, search, or review in connection therewith.
**(b) Operational files defined**
(1) In this section, the term “operational files” means—
(A) files of the Signals Intelligence Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems; and
(B) files of the Research Associate Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(2) Files that are the sole repository of disseminated intelligence, and files that have been accessioned into the National Security Agency Archives (or any successor organization) are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following:
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5.
(2) Any special activity the existence of which is not exempt from disclosure under the p
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Stable record: federal_law:legal_authorities:record_usc_6bad9039bae75d291021616b
Source file: Laws/federal/codes/united-states-code/title-50/section-3163-operational-files-of-the-national-security-agency--716042e558.md
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Source location: Title 50, Chapter 44, § 3163; chapter-044-national-security.md
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**(a) Exemption of certain operational files from search, review, publication, or disclosure** The Director of the National Security Agency, in coordination with the Director of National Intelligence, may exempt operational files of the National Security Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) which require publication, disclosure, search, or review in connection therewith.
**(b) Operational files defined**
(1) In this section, the term “operational files” means—
(A) files of the Signals Intelligence Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems; and
(B) files of the Research Associate Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(2) Files that are the sole repository of disseminated intelligence, and files that have been accessioned into the National Security Agency Archives (or any successor organization) are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following:
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5.
(2) Any special activity the existence of which is not exempt from disclosure under the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
(3) The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:
(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(B) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(C) The Intelligence Oversight Board.
(D) The Department of Justice.
(E) The Office of General Counsel of the National Security Agency.
(F) The Office of the Inspector General of the Department of Defense.
(G) The Office of the Director of the National Security Agency.
(H) The Office of the Inspector General of the National Security Agency.
**(d) Information derived or disseminated from exempted operational files**
(1) Files that are not exempted under subsection (a) that 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) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure.
(3) The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure.
(4) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) and that have been returned to exempted operational files for sole retention shall be subject to search and review.
**(e) Supersedure of other laws** The provisions of subsection (a) may not be superseded except by a provision of law that is enacted after November 24, 2003, and that specifically cites and repeals or modifies such provisions.
**(f) Allegation; improper withholding of records; judicial review**
(1) Except as provided in paragraph (2), whenever any person who has requested agency records under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) alleges that the National Security Agency has withheld records improperly 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/a/4/B&num=0&edition=prelim).
(2) Judicial review shall not be available in the manner provided for under paragraph (1) as follows:
(A) In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the National Security Agency, such information shall be examined ex parte, in camera by the court.
(B) The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions of the parties.
(C) When a complainant alleges that requested records are 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.
(D)
(i) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the National Security Agency shall meet its burden under [section 552(a)(4)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/a/4/B&num=0&edition=prelim) 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).
(ii) The court may not order the National Security Agency to review the content of any exempted operational file or files in order to make the demonstration required under clause (i), unless the complainant disputes the National Security Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
(E) In proceedings under subparagraphs (C) and (D), the parties may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36.
(F) If the court finds under this subsection that the National Security Agency has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order the 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), and such order shall be the exclusive remedy for failure to comply with this section (other than subsection (g)).
(G) If at any time following the filing of a complaint pursuant to this paragraph the National Security 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.
(H) Any information filed with, or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of National Intelligence before submission to the court.
**(g) Decennial review of exempted operational files**
(1) Not less than once every 10 years, the Director of the National Security Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from a category of exempted files or any portion thereof. The Director of National Intelligence must approve any determination to remove such exemptions.
(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of a particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
(3) A complainant that alleges that the National Security Agency has improperly withheld records because of failure to comply with this subsection 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 the following:
(A) Whether the National Security Agency has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on November 24, 2003, or before the expiration of the 10-year period beginning on the date of the most recent review.
(B) Whether the National Security Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 432, comprising section 702 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3142&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 432b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States.
**(b) Duties** The duties of the Security Executive Agent are as follows:
(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency.
(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section.
(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position.
(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable.
(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order No. 12968 ([50 U.S.C. 3161](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3174
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 437, comprising section 803 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3163&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 441
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Federal law — U.S. Code and appendices · legal_authorities
Page 749
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3164
tor’s capacity as the Security Executive Agent pursu-
ant to section 803(a) of the National Security Act of
1947 (50 U.S.C. 3162a(a)), issue standards for timeliness
for Federal agencies to administer polygraphs con-
ducted for the purpose of—
‘‘(A) adjudicating decisions regarding eligibility
for access to classified information (as defined in
the procedures established pursuant to section
801(a) of the National Security Act of 1947 (50 U.S.C.
3161(a))); and
‘‘(B) granting reciprocity pursuant to Security
Executive Agent Directive 2, or successor directive.
‘‘(2) PUBLICATION.—The Director shall publish the
standards issued under paragraph (1) in the Federal
Register or such other venue as the Director con-
siders appropriate.
‘‘(b) REPORT REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Director
shall submit to Congress a report on how Federal agen-
cies will comply with the standards issued under sub-
section (a). Such plan shall specify the resources re-
quired by Federal agencies to comply with such stand-
ards and the timeline for doing so.’’
POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO
CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL
Pub. L. 117–263, div. F, title LXVI, § 6605, Dec. 23, 2022,
136 Stat. 3559, provided that: ‘‘Not later than 180 days
after the date of the enactment of this Act [Dec. 23,
2022], the Director of National Intelligence shall, in the
Director’s capacity as the Security Executive Agent
pursuant to section 803(a) of the National Security Act
of 1947 (50 U.S.C. 3162a(a)), issue a policy that allows a
private person to submit a certain number or propor-
tion of applications, on a nonreimbursable basis, for
employee access to classified
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3163
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