50 U.S.C. § 3352h — Timeliness standard for rendering deter-

Page 836 TITLE 50—WAR AND NATIONAL DEFENSE § 3352h or granted pursuant to the program estab- lished under subsection (c) in excess of the limitations under subsection (d) applicable to such entity. (2) Prohibition on bearing costs No head of an element of the intelligence community may bear any cost associated with granting or maintaining a security clearance the application for which is submitted pursu- ant to subsection (c)(1). (f) Rule of construction Nothing in this section may be construed as requiring the head of an element of the intel- ligence community to grant any covered person access to classified information if a favorable determination of eligibility to access such clas- sified information is not made with respect to such person. (Pub. L. 118–31, div. G, title V, § 7505, Dec. 22, 2023, 137 Stat. 1084.) Editorial Notes REFERENCES IN TEXT Executive Order 12968, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 12968, Aug. 2, 1995, 60 F.R. 40245, which is set out as a note under section 3161 of this title. Executive Order 10865, referred to in subsec. (c)(2)(B), is Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, which is set out as a note under section 3161 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title. § 3352h. Timeliness standard for rendering deter- minations of trust for personnel vetting (a) Timeliness standard (1) In general The President shall, acting through the Se- curity Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the Presi- dent considers appropriate, new timeliness performance standards for processing per- sonnel vetting trust determinations in accord- ance with the Federal personnel vetting per- formance management standards. (2) Quinquennial reviews Not less frequently than once every 5 years, the President shall, acting through the Secu- rity Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursu- ant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the Presi- dent considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Omitted (b) Quarterly reports on implementation (1) In general Not less frequently than quarterly, the Secu- rity Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly re- port on the compliance of Executive agencies (as defined in section 105 of title 5) with the standards established pursuant to subsection (a). (2) Disaggregation Each report made available pursuant to paragraph (1) shall disaggregate, to the great- est extent practicable, data by appropriate category of personnel risk and between Gov- ernment and contractor personnel. (c) Complementary standards for intelligence community The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 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) establish for the intel- ligence community standards complementary to those established pursuant to subsection (a). (d) Data with respect to timeliness of polygraph examinations (1) In general With respect to each report on compliance with timeliness standards for rendering deter- minations of trust for personnel vetting pre- pared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable anonymized raw data with respect to the timeliness of polygraph ex- aminations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data. (2) Form and classification justification The data provided to the congressional intel- ligence committees under paragraph (1) may be modified to remove any personally identi- fying information, shall be submitted in un- classified form to the greatest extent possible, and shall contain a justification for the classi- fication of any such data provided. (Pub. L. 118–31, div. G, title VII, § 7702, Dec. 22, 2023, 137 Stat. 1100; Pub. L. 118–159, div. F, title LXVI, § 6604, Dec. 23, 2024, 138 Stat. 2503.) Editorial Notes REFERENCES IN TEXT Executive Order 13467, referred to in subsec. (c), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of this title. CODIFICATION Section is comprised of section 7702 of Pub. L. 118–31. Subsec. (a)(3) of section 7702 of Pub. L. 118–31 amended section 3341 of this title. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–159 added subsec. (d). Page 837 TITLE 50—WAR AND NATIONAL DEFENSE § 3355a Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title. SUBCHAPTER III–A—PUBLIC INTEREST DECLASSIFICATIONS § 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 un- dermine the national security interests of the United States may be collected, retained, re- viewed, and disseminated to Congress, policy- makers in the executive branch, and the pub- lic. (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 essen- tial to national security and the openness that is central to the proper functioning of the po- litical institutions of the United States. (Pub. L. 106–567, title VII, § 702, Dec. 27, 2000, 114 Stat. 2856.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 3161 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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].’’ SHORT TITLE For short title of title VII of Pub. L. 106–567, which enacted this subchapter, as the ‘‘Public Interest De- classification Act of 2000’’, see section 701 of Pub. L. 106–567, set out as a note under section 3301 of this title. STATUS OF BOARD 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 cal- culated by not counting the period specified in para- graph (2).’’ [Prior to being struck out by Pub. L. 116–92, div. E, title LXVII, § 6741(b)(1), Dec. 20, 2019, 133 Stat. 2239, sec- tion 710(b) of the Public Interest Declassification Act of 2000 (Pub. L. 106–567, title VII), referred to in the intro- ductory 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.] § 3355a. Public Interest Declassification Board (a) Establishment (1) There is established within the executive branch of the United States a board to be known as the ‘‘Public Interest Declassification Board’’ (in this subchapter referred to as the ‘‘Board’’). (2) The Board shall report directly to the President or, upon designation by the President, the Vice President, the Attorney General, or other designee of the President. The other des- ignee of the President under this paragraph may not be an agency head or official authorized to classify information under Executive Order 13526, or any successor order. (b) Purposes The purposes of the Board are as follows: (1) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch offi- cials as the Board considers appropriate on the systematic, thorough, coordinated, and com- prehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declas- sified records and materials (including do- nated historical materials) that are of archi- val value, including records and materials of extraordinary public interest. (2) To promote the fullest possible public ac- cess to a thorough, accurate, and reliable doc- umentary record of significant United States national security decisions and significant United States national security activities in order to— (A) support the oversight and legislative functions of Congress; (B) support the policymaking role of the executive branch; (C) respond to the interest of the public in national security matters; and (D) promote reliable historical analysis and new avenues of historical study in na- tional security matters. (3) To provide recommendations to the President for the identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has been estab- lished or may be established by the President by Executive order. (4) To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch offi- cials as the Board considers appropriate on