---
kind: "section"
citation: "50 U.S.C. § 3351b"
title: "50"
title_heading: "War and National Defense"
number: "3351b"
heading: "Limitations on determinations regarding certain security classifications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/3351b"
units:
  - "Chapter 45 — Miscellaneous Intelligence Community Authorities"
  - "Subchapter III — Security Clearances and Classified Information"
---

# §3351b. Limitations on determinations regarding certain security classifications

- (a) **Prohibition—** An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a classification decision with respect to information related to such officer’s nomination.
- (b) **Classification determinations—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), in a case in which an officer described in [subsection (a)](#a) has been nominated as described in such subsection and classification authority rests with the officer or another officer who reports directly to such officer, a classification decision with respect to information relating to the officer shall be made by the Director of National Intelligence.
  - (2) **Nominations of Director of National Intelligence—** In a case described in [paragraph (1)](#b-1) in which the officer nominated is the Director of National Intelligence, the classification decision shall be made by the Principal Deputy Director of National Intelligence.
- (c) **Reports—** Whenever the Director or the Principal Deputy Director makes a decision under [subsection (b)](#b), the Director or the Principal Deputy Director, as the case may be, shall submit to the congressional intelligence committees a report detailing the reasons for the decision.

## Source credit

(Pub. L. 116–92, div. E, title LXIII, § 6310, Dec. 20, 2019, 133 Stat. 2190.)

## Notes

### 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.