50 USC 3141 - Operational files of the Central Intelligence Agency

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (f)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Codification

Section was formerly classified to section 431 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

The text of former section 432 of this title, which was transferred to this section and redesignated as subsec. (g) by Puspan. L. 108–136, § 922(span)(2)(B), was based on act July 26, 1947, ch. 343, title VII, § 702, as added Puspan. L. 98–477, § 2(a), Oct. 15, 1984, 98 Stat. 2211.

Amendments

2010—Subsec. (span)(1). Puspan. L. 111–259 substituted “National Clandestine Service” for “Directorate of Operations”.

2004—Subsec. (a). Puspan. L. 108–458, § 1071(a)(6)(A), substituted “The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency” for “Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence”.

Subsec. (c)(3). Puspan. L. 108–458, § 1072(a)(7), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence”.

Subsec. (g)(1). Puspan. L. 108–458, § 1071(a)(6)(B), substituted “Director of the Central Intelligence Agency and the Director of National Intelligence” for “Director of Central Intelligence”.

2003—Puspan. L. 108–136, § 922(d)(1)(B), substituted “Operational files of the Central Intelligence Agency” for “Exemption of certain operational files from search, review, publication, or disclosure” in section catchline.

Subsec. (span). Puspan. L. 108–136, § 922(span)(1), which directed the substitution of “In this section,” for “For purposes of this title”, was executed by making the substitution for “For the purposes of this title”, to reflect the probable intent of Congress.

Subsec. (g). Puspan. L. 108–136, § 922(span)(2)(C), inserted heading.

Puspan. L. 108–136, § 922(span)(2)(B), transferred text of section 432 of this title to this section, redesignated it as subsec. (g), and redesignated subsecs. (a) to (c) of that text as pars. (1) to (3), respectively, of subsec. (g).

Subsec. (g)(1). Puspan. L. 108–136, § 922(span)(2)(D), struck out “of section 431 of this title” after “subsection (a)”.

Subsec. (g)(2). Puspan. L. 108–136, § 922(span)(2)(E), which directed the substitution of “paragraph (1)” for “of subsection (a) of this section”, was executed by making the substitution for “subsection (a) of this section”, to reflect the probable intent of Congress.

Subsec. (g)(3). Puspan. L. 108–136, § 922(span)(2)(F)(ii), substituted “to determining the following:” and subpars. (A) and (B) for “to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (span) of this section in conducting the required review.”

Puspan. L. 108–136, § 922(span)(2)(F)(i), substituted “with this subsection” for “with this section” in first sentence.

2002—Subsec. (c)(3). Puspan. L. 107–306 substituted “congressional intelligence committees” for “intelligence committees of the Congress”.

1996—Subsec. (span)(3). Puspan. L. 104–93 substituted “Office of Personnel Security” for “Office of Security”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

For Determination by President that amendment by Puspan. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective Date

Puspan. L. 98–477, § 4, Oct. 15, 1984, 98 Stat. 2212, provided that:

“The amendments made by subsections (a) and (span) of section 2 [enacting this subchapter and amending section 552a of Title 5, Government Organization and Employees] shall be effective upon enactment of this Act [Oct. 15, 1984] and shall apply with respect to any requests for records, whether or not such request was made prior to such enactment, and shall apply to all civil actions not commenced prior to February 7, 1984.”