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50 U.S.C. § 3351a — Making certain policies and execution plans relating to personnel clearances available to industry partners
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Security executive agent** — The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to [section 3162a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162a&num=0&edition=prelim).
(2) **Appropriate industry partner** — The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to National Industrial Security Program), as in effect on the day before December 20, 2019) that is participating in the National Industrial Security Program established by such Executive Order.
**(b) Sharing of policies and plans required** Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies and plans in a manner consistent with the protection of national security as well as the goals and objectives of the National Industrial Security Program administered pursuant to Executive Order 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to the National Industrial Security Program).
**(c) Development of policies and procedures required** Not later than 90 days after December 20, 2019, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans
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Source file: Laws/federal/codes/united-states-code/title-50/section-3351a-making-certain-policies-and-execution-plans-relating-to-personnel-cleara--6039ecde4a.md
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Source location: Title 50, Chapter 45, § 3351a; chapter-045-miscellaneous-intelligence-community-authorities.md
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**(a) Definitions** In this section:
(1) **Security executive agent** — The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to [section 3162a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162a&num=0&edition=prelim).
(2) **Appropriate industry partner** — The term “appropriate industry partner” means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to National Industrial Security Program), as in effect on the day before December 20, 2019) that is participating in the National Industrial Security Program established by such Executive Order.
**(b) Sharing of policies and plans required** Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies and plans in a manner consistent with the protection of national security as well as the goals and objectives of the National Industrial Security Program administered pursuant to Executive Order 12829 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note; relating to the National Industrial Security Program).
**(c) Development of policies and procedures required** Not later than 90 days after December 20, 2019, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption of certain operational files from search, review, publication, or disclosure**
(1) The Director of the National Reconnaissance Office, with the coordination of the Director of National Intelligence, may exempt operational files of the National Reconnaissance Office 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.
(2)
(A) Subject to subparagraph (B), for the purposes of this section, the term “operational files” means files of the National Reconnaissance Office (hereafter in this section referred to as “NRO”) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(B) Files which are the sole repository of disseminated intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning—
(A) 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;
(B) 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); or
(C) 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:
(i) The Permanent Select Committee on Intelligence of the House of Repres
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3162a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence 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) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
Page 705
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3161
provisions of section 552 of title 5 (commonly
referred to as the Freedom of Information
Act), and such order shall be the exclusive
remedy for failure to comply with this section.
(F) If at any time following the filing of a
complaint pursuant to this paragraph the Of-
fice agrees to search each appropriate exempt-
ed file for the requested records, the court
shall dismiss the claim based upon such com-
plaint.
(g) Definitions
In this section:
(1) The term ‘‘exempted operational file’’
means a file of an element of the intelligence
community that, in accordance with this sub-
chapter, is exempted from the provisions of
section 552 of title 5 that require search, re-
view, publication, or disclosure of such file.
(2) Except as otherwise specifically provided,
the term ‘‘Office’’ means the Office of the Di-
rector of National Intelligence.
(July 26, 1947, ch. 343, title VII, § 706, as added
Pub. L. 111–259, title IV, § 408(a), Oct. 7, 2010, 124
Stat. 2722.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (f)(2)(D), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
CODIFICATION
Section was formerly classified to section 432d of this
title prior to editorial reclassification and renumbering
as this section.
SUBCHAPTER VI—ACCESS TO CLASSIFIED
INFORMATION
§ 3161. Procedures
(a) Not later than 180 days after October 14,
1994, the President shall, by Executive order or
regulation, establish procedures to govern ac-
cess to classified information which shall be
binding upon all departments, agencies, and of-
fices of the executive branch of Government.
Such procedures shall, at a minimum—
(1) provide that, except as may be pe
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
Page 828
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3351a
access to classified information, eligibility to
hold a sensitive position, and for suitability and
fitness for other matters pursuant to Executive
Order 13467 (50 U.S.C. 3161 note; relating to re-
forming processes related to suitability for Gov-
ernment employment, fitness for contractor em-
ployees, and eligibility for access to classified
national security information), shall, in con-
sultation with the Security, Suitability, and
Credentialing
Performance
Accountability
Council established under such executive order,
submit to Congress a report on—
(1) metrics for assessing the completeness
and quality of packages for background inves-
tigations submitted by agencies requesting
background investigations from the Defense
Counterintelligence and Security Agency;
(2) rejection rates of background investiga-
tion submission packages due to incomplete or
erroneous data, by agency; and
(3) best practices for ensuring full and com-
plete information in background investigation
requests.
(b) Annual report on performance
Not later than 270 days after December 20,
2019, and not less frequently than once each year
thereafter,
the
Security,
Suitability,
and
Credentialing
Performance
Accountability
Council shall submit to Congress a report on
performance against the metrics and return
rates identified in paragraphs (1) and (2) of sub-
section (a).
(c) Improvement plans
(1) Identification
Not later than one year after December 20,
2019, executive agents under Executive Order
13467 (50 U.S.C. 3161 note) shall identify agen-
cies in need of improvement with respect to
the quality of the information in the back-
ground investigation submissions of the agen-
cies as reported in subsection (b).
(2
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3351a
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