50 U.S.C. § 3351b — Limitations on determinations regarding certain security classifications
submitted 7 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 194 words · no verdicts yet
This section prevents certain intelligence-community nominees from deciding how information about their own nominations is classified. It assigns those decisions to specified senior officials and requires reasons to be reported to Congress.
(a) An intelligence-community officer nominated by the President for a Senate-confirmed position may not make a classification decision about information related to that nomination.
(b)(1) Unless paragraph (2) applies, if classification authority belongs to that officer or to an officer who reports directly to that officer, the Director of National Intelligence must decide how information about the officer is classified. (b)(2) If the nominee is the Director, the Principal Deputy Director must decide.
(c) Whenever the Director or Principal Deputy Director decides under subsection (b), that official must give the congressional intelligence committees a report explaining the reasons.
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.
Except as provided in paragraph (2), in a case in which an officer described in subsection (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.
In a case described in paragraph (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.
Whenever the Director or the Principal Deputy Director makes a decision under subsection (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.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2190
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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