US Codex
U.S.C.
Notes

§3355g. Definitions — Inbound Citations

50 U.S.C. § 3355g

Cited by 65 provisions in release 119-102.

Citations to §3355g(1)(A)

  • 50 U.S.C. § 3355a(a)(2)
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    (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.
  • 50 U.S.C. § 3355a(b)(1)
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    (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.
  • 50 U.S.C. § 3355a(f)(1)
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    (1) Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege.
  • 50 U.S.C. § 3355a(g)(1)
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    (1) The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives.
  • 50 U.S.C. § 3355a(g)(2)
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    (2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this subchapter, require the member, the Executive Secretary, or the member of the staff, as the case may be, to—
    (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and
    (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
  • 50 U.S.C. § 3355a(g)(2)(A)
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    (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and
  • 50 U.S.C. § 3355a(g)(2)(B)
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    (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
  • 50 U.S.C. § 3355a(h)(2)
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    (2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of the duties of the Board.
  • 50 U.S.C. § 3355a(k)(2)
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    (2) In making records and reports available under paragraph (1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports do not inadvertently contain classified information.
  • 50 U.S.C. § 3355b(a)(1)
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    (1) As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with the authority under an Executive order to classify information shall provide to the Board, the Select Committee on Intelligence of the Senate, or the Permanent Select Committee on Intelligence of the House of Representatives, on an annual basis, a summary briefing and report on such agency’s progress and plans in the declassification of national security information. Such briefing shall cover the declassification goals set by statute, regulation, or policy, the agency’s progress with respect to such goals, and the agency’s planned goals and priorities for its declassification activities over the next 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States.
  • 50 U.S.C. § 3355b(a)(2)(A)
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    (A) The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the military departments and the elements of the intelligence community, shall be provided on a consolidated basis.
  • 50 U.S.C. § 3355b(b)(1)
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    (1) Upon reviewing and discussing declassification plans and progress with an agency, the Board shall provide to the head of the agency the written recommendations of the Board as to how the agency’s declassification program could be improved. A copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget.
  • 50 U.S.C. § 3355b(b)(2)
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    (2) Consistent with the provisions of section 3355a(k) of this title, the Board’s recommendations to the head of an agency under paragraph (1) shall become public 60 days after such recommendations are sent to the head of the agency under that paragraph.
  • 50 U.S.C. § 3355b(c)(2)(B)
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    (B) The opinions and requests of the National Security Council, the Director of National Intelligence, and the heads of other agencies.
  • 50 U.S.C. § 3355b(c)(2)(F)
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    (F) The costs (including budgetary costs) and the impact that complying with the recommendations would have on agency budgets, programs, and operations.
  • 50 U.S.C. § 3355c(a)
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    (a) Nothing in this subchapter shall be construed to limit the authority of the head of an agency to classify information or to continue the classification of information previously classified by that agency.
  • 50 U.S.C. § 3355c(b)
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    (b) Nothing in this subchapter shall be construed to limit the authority of the head of an agency to grant or deny access to a special access program.
  • 50 U.S.C. § 3355d(a)(1)
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    (1) The head of each agency with the authority under an Executive order to classify information and the head of each Federal Presidential library shall designate an employee of such agency or library to act as liaison to the Board for purposes of this subchapter.
  • 50 U.S.C. § 3355d(b)(1)(A)
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    (A) Except as provided in paragraph (2), if the head of an agency or the head of a Federal Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board, to information contained in a record or material, in whole or in part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination.
  • 50 U.S.C. § 3355d(b)(2)
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    (2) In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of National Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board.
  • 50 U.S.C. § 3355d(c)
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    (c) At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the public’s interest in the disclosure of records or materials of the agency covered by such review, and still properly classified, outweighs the Government’s need to protect such records or materials, and may release such records or materials in accordance with the provisions of Executive Order 13526 or any successor order to such Executive order.
  • 50 U.S.C. § 3355d(d)
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    (d) At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order 13526 or any successor order to such Executive order.
  • 50 U.S.C. § 3355d(e)(1)(A)
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    (A) Except as provided in paragraph (2), the Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this subchapter, including summary information regarding any denials to the Board by the head of an agency or the head of a Federal Presidential library of access to records or materials under this subchapter.
  • 50 U.S.C. § 3355d(e)(2)
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    (2) Notwithstanding paragraph (1), notice that the Board has been denied access to records and materials, and a justification for the determination in support of the denial, shall be submitted by the agency denying the access as follows:
    (A) In the case of the denial of access to a special access program created by the Secretary of Defense, to the Committees on Armed Services and Appropriations of the Senate and to the Committees on Armed Services and Appropriations of the House of Representatives.
    (B) In the case of the denial of access to a special access program created by the Director of National Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
    (C) In the case of the denial of access to a special access program created by the Secretary of Energy or the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate and to the Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.
  • 50 U.S.C. § 3355d(e)(2)(B)
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    (B) In the case of the denial of access to a special access program created by the Director of National Intelligence, or by the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating to intelligence sources and methods, to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
  • 50 U.S.C. § 3355e
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    Nothing in this subchapter limits the protection afforded to any information under any other provision of law. This subchapter is not intended and may not be construed to create any right or benefit, substantive or procedural, enforceable against the United States, its agencies, its officers, or its employees. This subchapter does not modify in any way the substantive criteria or procedures for the classification of information, nor does this subchapter create any right or benefit subject to judicial review.

Citations to §3355g(2)

  • 50 U.S.C. § 3355a(g)(1)
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    (1) The members and staff of the Board shall, as a condition of appointment to or employment with the Board, hold appropriate security clearances for access to the classified records and materials to be reviewed by the Board or its staff, and shall follow the guidance and practices on security under applicable Executive orders and Presidential or agency directives.
  • 50 U.S.C. § 3355a(g)(2)
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    (2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board, or a member of the staff of the Board to classified records or materials of the agency under this subchapter, require the member, the Executive Secretary, or the member of the staff, as the case may be, to—
    (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and
    (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
  • 50 U.S.C. § 3355b(c)(1)
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    (1) The Board shall also make recommendations to the President regarding proposed initiatives to identify, collect, and review for declassification classified records and materials of extraordinary public interest.

Citations to §3355g(3)

Citations to §3355g(4)

  • 50 U.S.C. § 3355a(b)(1)
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    (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.

Citations to §3355g(5)

Citations to §3355g(6)

  • 50 U.S.C. § 3355(1)
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    (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.
  • 50 U.S.C. § 3355(2)
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    (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.
  • 50 U.S.C. § 3355a(b)(1)
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    (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.
  • 50 U.S.C. § 3355a(b)(2)
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    (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.
  • 50 U.S.C. § 3355a(b)(2)(C)
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    (C) respond to the interest of the public in national security matters; and
  • 50 U.S.C. § 3355a(b)(2)(D)
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    (D) promote reliable historical analysis and new avenues of historical study in national security matters.
  • 50 U.S.C. § 3355a(b)(3)
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    (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 established or may be established by the President by Executive order.
  • 50 U.S.C. § 3355a(b)(4)
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    (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 officials as the Board considers appropriate on policies deriving from the issuance by the President of Executive orders regarding the classification and declassification of national security information.
  • 50 U.S.C. § 3355a(c)(1)
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    (1) The Board shall be composed of nine individuals appointed from among citizens of the United States who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal Government or have otherwise engaged in research, scholarship, or publication in such fields on matters relating to the national security of the United States, of whom—
    (A) five shall be appointed by the President;
    (B) one shall be appointed by the Speaker of the House of Representatives;
    (C) one shall be appointed by the majority leader of the Senate;
    (D) one shall be appointed by the minority leader of the Senate; and
    (E) one shall be appointed by the minority leader of the House of Representatives.
  • 50 U.S.C. § 3355a(g)(4)
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    (4) For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States, and subject to any limitations on access arising under section 3355d(b) of this title, and to facilitate the advisory functions of the Board under this subchapter, a member of the Board seeking access to a record or material under this subchapter shall be deemed for purposes of this subsection to have a need to know the contents of the record or material.
  • 50 U.S.C. § 3355a(i)(1)
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    (1) On behalf of the President, the Assistant to the President for National Security Affairs shall provide guidance on policy to the Board.
  • 50 U.S.C. § 3355a(i)(2)
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    (2) The Executive Secretary of the Board, under the direction of the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to the President for National Security Affairs, and the Director of the Office of Management and Budget, shall prepare the annual budget of the Board.
  • 50 U.S.C. § 3355b(a)(1)
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    (1) As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with the authority under an Executive order to classify information shall provide to the Board, the Select Committee on Intelligence of the Senate, or the Permanent Select Committee on Intelligence of the House of Representatives, on an annual basis, a summary briefing and report on such agency’s progress and plans in the declassification of national security information. Such briefing shall cover the declassification goals set by statute, regulation, or policy, the agency’s progress with respect to such goals, and the agency’s planned goals and priorities for its declassification activities over the next 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States.
  • 50 U.S.C. § 3355b(b)(1)
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    (1) Upon reviewing and discussing declassification plans and progress with an agency, the Board shall provide to the head of the agency the written recommendations of the Board as to how the agency’s declassification program could be improved. A copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget.
  • 50 U.S.C. § 3355b(c)(2)(B)
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    (B) The opinions and requests of the National Security Council, the Director of National Intelligence, and the heads of other agencies.
  • 50 U.S.C. § 3355b(c)(2)(H)
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    (H) The impact of compliance with the recommendations on the national security of the United States.
  • 50 U.S.C. § 3355d(b)(2)
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    (2) In the case of a determination referred to in paragraph (1) with respect to a special access program created by the Secretary of Defense, the Director of National Intelligence, or the head of any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s request for access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board.