50 U.S.C. § 3164 — Definitions

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 Page 750 TITLE 50—WAR AND NATIONAL DEFENSE § 3171 to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2011 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 438 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2023—Par. (6). Pub. L. 118–31 substituted ‘‘subsections (a) and (b) of section 1801’’ for ‘‘sections 1801(a) and (b)’’. 1999—Par. (8). Pub. L. 106–120 added par. (8). 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. SUBCHAPTER VII—APPLICATION OF SANC- TIONS LAWS TO INTELLIGENCE ACTIVI- TIES § 3171. Stay of sanctions Notwithstanding any provision of law identi- fied in section 3174 of this title, the President may stay the imposition of an economic, cul- tural, diplomatic, or other sanction or related action by the United States Government con- cerning a foreign country, organization, or per- son when the President determines and reports to Congress in accordance with section 3173 of this title that to proceed without delay would seriously risk the compromise of an ongoing criminal investigation directly related to the activities giving rise to the sanction or an intel- ligence source or method directly related to the activities giving rise to the sanction. Any such stay shall be effective for a period of time speci- fied by the President, which period may not ex- ceed 120 days, unless such period is extended in accordance with section 3172 of this title. (July 26, 1947, ch. 343, title IX, § 901, as added Pub. L. 104–93, title III, § 303(a), Jan. 6, 1996, 109 Stat. 964.) Editorial Notes CODIFICATION Section was formerly classified to section 441 of this title prior to editorial reclassification and renumbering as this section. § 3172. Extension of stay Whenever the President determines and re- ports to Congress in accordance with section 3173 of this title that a stay of sanctions or re- lated actions pursuant to section 3171 of this title has not afforded sufficient time to obviate the risk to an ongoing criminal investigation or to an intelligence source or method that gave rise to the stay, he may extend such stay for a period of time specified by the President, which period may not exceed 120 days. The authority of this section may be used to extend the period of a stay pursuant to section 3171 of this title for successive periods of not more than 120 days each. (July 26, 1947, ch. 343, title IX, § 902, as added Pub. L. 104–93, title III, § 303(a), Jan. 6, 1996, 109 Stat. 964.) Editorial Notes CODIFICATION Section was formerly classified to section 441a of this title prior to editorial reclassification and renumbering as this section. § 3173. Reports Reports to Congress pursuant to sections 3171 and 3172 of this title shall be submitted prompt- ly upon determinations under this subchapter. Such reports shall be submitted to the Com- mittee on International Relations of the House of Representatives and the Committee on For- eign Relations of the Senate. With respect to de- terminations relating to intelligence sources and methods, reports shall also be submitted to the congressional intelligence committees. With respect to determinations relating to ongoing criminal investigations, reports shall also be submitted to the Committees on the Judiciary of the House of Representatives and the Senate. (July 26, 1947, ch. 343, title IX, § 903, as added Pub. L. 104–93, title III, § 303(a), Jan. 6, 1996, 109 Stat. 964; amended Pub. L. 107–306, title III, § 353(b)(2)(C), Nov. 27, 2002, 116 Stat. 2402.) Editorial Notes CODIFICATION Section was formerly classified to section 441b of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2002—Pub. L. 107–306 substituted ‘‘congressional intel- ligence committees’’ for ‘‘Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 3174. Laws subject to stay The President may use the authority of sec- tions 3171 and 3172 of this title to stay the impo- sition of an economic, cultural, diplomatic, or other sanction or related action by the United States Government related to the proliferation of weapons of mass destruction, their delivery systems, or advanced conventional weapons oth- erwise required to be imposed by the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (title III of Public Law 102–182) [22 U.S.C. 5601 et seq.]; the Nuclear Pro- liferation Prevention Act of 1994 (title VIII of Public Law 103–236); title XVII of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510) (relating to the non- proliferation of missile technology); the Iran- Iraq Arms Nonproliferation Act of 1992 (title XVI of Public Law 102–484); section 573 of the