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50 U.S.C. § 3355 — Findings
Federal law — U.S. Code and appendices · legal_authorities
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)
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3355
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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
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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
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3161. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3161. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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 undermine the national security interests of the United States may be collected, retained, reviewed, and disseminated to Congress, policymakers in the executive branch, and the public.
(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 essential to national security and the openness that is central to the proper functioning of the political institutions of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3355
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 designee 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 officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest.
(2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary 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 national security matters.
(3) To provide recommendations to the Pres
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3355a
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3355a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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)
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3355a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3355a. This identifies an authority to review, not proof of applicability.