50 U.S.C. § 3163 — Exceptions

Page 749 TITLE 50—WAR AND NATIONAL DEFENSE § 3164 tor’s capacity as the Security Executive Agent pursu- ant to section 803(a) of the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue standards for timeliness for Federal agencies to administer polygraphs con- ducted for the purpose of— ‘‘(A) adjudicating decisions regarding eligibility for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a))); and ‘‘(B) granting reciprocity pursuant to Security Executive Agent Directive 2, or successor directive. ‘‘(2) PUBLICATION.—The Director shall publish the standards issued under paragraph (1) in the Federal Register or such other venue as the Director con- siders appropriate. ‘‘(b) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Director shall submit to Congress a report on how Federal agen- cies will comply with the standards issued under sub- section (a). Such plan shall specify the resources re- quired by Federal agencies to comply with such stand- ards and the timeline for doing so.’’ POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL Pub. L. 117–263, div. F, title LXVI, § 6605, Dec. 23, 2022, 136 Stat. 3559, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence shall, in the Director’s capacity as the Security Executive Agent pursuant to section 803(a) of the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue a policy that allows a private person to submit a certain number or propor- tion of applications, on a nonreimbursable basis, for employee access to classified information for personnel who perform key management and oversight functions who may not merit an application due to their work under any one contract.’’ § 3163. Exceptions Except as otherwise specifically provided, the provisions of this subchapter shall not apply to the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Federal judges appointed by the President. (July 26, 1947, ch. 343, title VIII, § 804, formerly § 803, as added Pub. L. 103–359, title VIII, § 802(a), Oct. 14, 1994, 108 Stat. 3437; renumbered § 804, Pub. L. 116–92, div. E, title LXVI, § 6605(a)(1), Dec. 20, 2019, 133 Stat. 2213.) Editorial Notes CODIFICATION Section was formerly classified to section 437 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 804 of act July 26, 1947, ch. 343, was re- numbered section 805 and is classified to section 3164 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Oct. 14, 1994, see sec- tion 802(c) of Pub. L. 103–359, set out as a note under section 3161 of this title. § 3164. Definitions For purposes of this subchapter— (1) the term ‘‘authorized investigative agen- cy’’ means an agency authorized by law or reg- ulation to conduct a counterintelligence in- vestigation or investigations of persons who are proposed for access to classified informa- tion to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information; (2) the term ‘‘classified information’’ means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic En- ergy Act of 1954 [42 U.S.C. 2011 et seq.], to re- quire protection against unauthorized disclo- sure and that is so designated; (3) the term ‘‘consumer reporting agency’’ has the meaning given such term in section 1681a of title 15; (4) the term ‘‘employee’’ includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consult- ant of the United States Government, or oth- erwise acts for or on behalf of the United States Government, except as otherwise deter- mined by the President; (5) the terms ‘‘financial agency’’ and ‘‘finan- cial institution’’ have the meanings given to such terms in section 5312(a) of title 31 and the term ‘‘holding company’’ has the meaning given to such term in section 3401(6) of title 12; (6) the terms ‘‘foreign power’’ and ‘‘agent of a foreign power’’ have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title; (7) the term ‘‘State’’ means each of the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mar- iana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Mi- cronesia, and the Republic of Palau, and any other possession of the United States; and (8) the term ‘‘computer’’ means any elec- tronic, magnetic, optical, electrochemical, or other high speed data processing device per- forming logical, arithmetic, or storage func- tions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or con- tained in such device. (July 26, 1947, ch. 343, title VIII, § 805, formerly § 804, as added Pub. L. 103–359, title VIII, § 802(a), Oct. 14, 1994, 108 Stat. 3438; amended Pub. L. 106–120, title III, § 305(b), Dec. 3, 1999, 113 Stat. 1611; renumbered § 805, Pub. L. 116–92, div. E, title LXVI, § 6605(a)(1), Dec. 20, 2019, 133 Stat. 2213; Pub. L. 118–31, div. G, title IX, § 7901(a)(3), Dec. 22, 2023, 137 Stat. 1106.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12356, referred to in par. (2), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843. The Atomic Energy Act of 1954, referred to in par. (2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally