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50 U.S.C. § 3352 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3352 — Definitions

Page 829 TITLE 50—WAR AND NATIONAL DEFENSE § 3352a tional Intelligence, the classification decision shall be made by the Principal Deputy Direc- tor of National Intelligence. (c) Reports Whenever the Director or the Principal Dep- uty Director makes a decision under subsection (b), the Director or the Principal Deputy Direc- tor, as the case may be, shall submit to the con- gressional intelligence committees a report de- tailing the reasons for the decision. (Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3352. Definitions In this title: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional intelligence commit- tees; (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 Re- form 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 Na- tional Industrial Security Program)) that is participating in the National Industrial S

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Page 829 TITLE 50—WAR AND NATIONAL DEFENSE § 3352a tional Intelligence, the classification decision shall be made by the Principal Deputy Direc- tor of National Intelligence. (c) Reports Whenever the Director or the Principal Dep- uty Director makes a decision under subsection (b), the Director or the Principal Deputy Direc- tor, as the case may be, shall submit to the con- gressional intelligence committees a report de- tailing the reasons for the decision. (Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3352. Definitions In this title: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional intelligence commit- tees; (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 Re- form 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 Na- tional Industrial Security Program)) that is participating in the National Industrial Secu- rity 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 re- forming processes for determining suitability for government employment, fitness for con- tractor 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 enti- ty. (5) Reciprocity The term ‘‘reciprocity’’ means reciprocal recognition by Federal departments and agen- cies of eligibility for access to classified infor- mation. (6) Security Executive Agent The term ‘‘Security Executive Agent’’ means the officer serving as the Security Ex- ecutive Agent pursuant to section 3162a of this title. (7) Suitability and Credentialing Executive Agent The term ‘‘Suitability and Credentialing Ex- ecutive Agent’’ means the Director of the Of- fice 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 Govern- ment employment, fitness for contractor em- ployees, and eligibility for access to classified national security information), or any suc- cessor entity. (Pub. L. 116–92, div. E, title LXVI, § 6601, Dec. 20, 2019, 133 Stat. 2209.) Editorial Notes REFERENCES IN 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 amend- ed sections 3033, 3104, 3163, and 3164 of this title. For complete classification of title LXVI to the Code, see Tables. Executive Order No. 12829, referred to in par. (2), is Ex. Ord. No. 12829, Jan. 6, 1993, 58 F.R. 3479, which is set out as a note under section 3161 of this title. Executive Order No. 13467, referred to in pars. (3), (4), and (7), 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. DEFINITIONS For definition of ‘‘congressional intelligence commit- tees’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3352a. Reports and plans relating to security clearances and background investigations (a) Sense of Congress It is the sense of Congress that— (1) ensuring the trustworthiness and secu- rity of the workforce, facilities, and informa- tion of the Federal Government is of the high- est priority to national security and public safety; (2) the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability; (3) the current system for background inves- tigations for security clearances, suitability and fitness for employment, and credentialing

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3161 — Operational files of the Central Intelligence Agency

**(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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3161 — Procedures

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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) 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 “reciprocit

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