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50 U.S.C. § 3162 — Operational files of the National Geospatial-Intelligence Agency
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 Geospatial-Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the National Geospatial-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) 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 Geospatial-Intelligence Agency (hereafter in this section referred to as “NGA”) concerning the activities of NGA that before the establishment of NGA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), 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 fo
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Stable record: federal_law:legal_authorities:record_usc_8f2ca22c54a7956fef10a140
Source file: Laws/federal/codes/united-states-code/title-50/section-3162-operational-files-of-the-national-geospatial-intelligence-agency--c0a97935f2.md
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Source location: Title 50, Chapter 44, § 3162; chapter-044-national-security.md
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**(a) Exemption of certain operational files from search, review, publication, or disclosure**
(1) The Director of the National Geospatial-Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the National Geospatial-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) 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 Geospatial-Intelligence Agency (hereafter in this section referred to as “NGA”) concerning the activities of NGA that before the establishment of NGA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), 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 congressional intelligence committees.
(ii) The Intelligence Oversight Board.
(iii) The Department of Justice.
(iv) The Office of General Counsel of NGA.
(v) The Office of the Director of NGA.
(vi) The Office of the Inspector General of the National Geospatial-Intelligence Agency.
(4)
(A) Files that are not exempted under paragraph (1) which contain information derived or disseminated from exempted operational files shall be subject to search and review.
(B) The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure.
(C) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been returned to exempted operational files for sole retention shall be subject to search and review.
(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after December 3, 1999, and which specifically cites and repeals or modifies its provisions.
(6)
(A) Except as provided in subparagraph (B), 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 NGA 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).
(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows:
(i) 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 NGA, such information shall be examined ex parte, in camera by the court.
(ii) The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties.
(iii) 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.
(iv)
(I) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, NGA 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 paragraph (2).
(II) The court may not order NGA to review the content of any exempted operational file or files in order to make the demonstration required under subclause (I), unless the complainant disputes NGA’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.
(v) In proceedings under clauses (iii) and (iv), 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.
(vi) If the court finds under this paragraph that NGA has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order NGA 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 subsection.
(vii) If at any time following the filing of a complaint pursuant to this paragraph NGA agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.
(viii) Any information filed with, or produced for the court pursuant to clauses (i) and (iv) shall be coordinated with the Director of National Intelligence prior to submission to the court.
**(b) Decennial review of exempted operational files**
(1) Not less than once every 10 years, the Director of the National Geospatial-Intelligence Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a)(1) to determine whether such exemptions may be removed from the 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 the 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 NGA 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 NGA has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on December 3, 1999, or before the expiration of the 10-year period beginning on the date of the most recent review.
(B) Whether NGA, 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
### Statutory Notes
#### Codification
Section 426, comprising section 605 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3126&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure by United States of identity of covert agent** It is a defense to a prosecution under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.
**(b) Conspiracy, misprision of felony, aiding and abetting, etc.**
(1) Subject to paragraph (2), no person other than a person committing an offense under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18 or shall be subject to prosecution for conspiracy to commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.
**(c) Disclosure to select congressional committees on intelligence** It shall not be an offense under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) to transmit information described in such section directly to either congressional intelligence committee.
**(d) Disclosure by agent of own identity** It shall not be an offe
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3142
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure of information by persons having or having had access to classified information that identifies covert agent** Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 15 years, or both.
**(b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information** Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 10 years, or both.
**(c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents** Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to recei
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3141
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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 425, comprising section 604 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3125&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Access to financial records for certain intelligence and protective purposes**
(1) Nothing in this chapter (except sections 3415, 3417, 3418, and 3421 11 See References in Text note below. of this title) shall apply to the production and disclosure of financial records pursuant to requests from—
(A) a Government authority authorized to conduct foreign counter- or foreign positive-intelligence activities for purposes of conducting such activities;
(B) the Secret Service for the purpose of conducting its protective functions ([18 U.S.C. 3056](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3056&num=0&edition=prelim); [18 U.S.C. 3056A](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3056A&num=0&edition=prelim), Public Law 90–331,1 as amended); or
(C) a Government authority authorized to conduct investigations of, or intelligence or counterintelligence analyses related to, international terrorism for the purpose of conducting such investigations or analyses.
(2) In the instances specified in paragraph (1), the Government authority shall submit to the financial institution the certificate required in [section 3403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3403/b&num=0&edition=prelim) signed by a supervisory official of a rank designated by the head of the Government authority and a term that specifically identifies a customer, entity, or account to be used as the basis for the production and disclosure of financial records.
(3)
(A) If the Government authority described in paragraph (1) or the Secret Service, as the case may be, certifies that otherwise there may result a danger to the national security of the United States, interference with a crim
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3414
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.
**(b)**
(1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.
(2) Whoever, being an officer of a financial institution, directly or indirectly notifies—
(A) a customer of that financial institution whose records are sought by a subpoena for records; or
(B) any other person named in that subpoena;
about the existence or contents of that subpoena or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.
(3) As used in this subsection—
(A) the term “an officer of a financial institution” means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and
(B) the term “subpoena for records” means a Federal grand jury subpoena, a subpoena issued under [section 3486 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3486&num=0&edition=prelim), or an order or subpoena issued in accordance with [section 3512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3512&num=0&edition=prelim), [section 5318 of title 31](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1510
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The recipient of a request for records, a report, or other information under [section 2709(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2709/b&num=0&edition=prelim), section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. The court may modify or set aside the request if compliance would be unreasonable, oppressive, or otherwise unlawful.
**(b) Nondisclosure.—**
(1) **In general.—**
(A) *Notice.—* — If a recipient of a request or order for a report, records, or other information under [section 2709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2709&num=0&edition=prelim), section 626 or 627 of the Fair Credit Reporting Act ([15 U.S.C. 1681u](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681u&num=0&edition=prelim) and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 ([12 U.S.C. 3414](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3414&num=0&edition=prelim)), or section 802 of the National Security Act of 1947 ([50 U.S.C. 3162](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim)), wishes to have a court review a nondisclosure requirement imposed in connection with the request or order, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a).
(B) *Application.—* — Not later than 3
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3511
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum—
(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities;
(3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of Government who require
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3172
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