50 U.S.C. § 3141
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 from the provisions of section 552 of title 5 (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
In this section, the term "operational files" means-
except that files which are the sole repository of disseminated intelligence are not operational files.
Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning-
The provisions of subsection (a) of this section shall not be superseded except by a provision of law which is enacted after October 15, 1984, and which specifically cites and repeals or modifies its provisions.
Whenever any person who has requested agency records under section 552 of title 5 (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, except that-
50 U.S.C. § 3141
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Rules of Civil Procedure, referred to in subsec. (f)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
CODIFICATIONSection 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 Pub. L. 108-136, §922(b)(2)(B), was based on act July 26, 1947, ch. 343, title VII, §702, as added Pub. L. 98-477, §2(a), Oct. 15, 1984, 98 Stat. 2211.
AMENDMENTS2010-Subsec. (b)(1). Pub. L. 111-259 substituted "National Clandestine Service" for "Directorate of Operations". 2004-Subsec. (a). Pub. 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). Pub. 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). Pub. 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- Pub. 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. (b). Pub. L. 108-136, §922(b)(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). Pub. L. 108-136, §922(b)(2)(C), inserted heading. Pub. L. 108-136, §922(b)(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). Pub. L. 108-136, §922(b)(2)(D), struck out "of section 431 of this title" after "subsection (a)".Subsec. (g)(2). Pub. L. 108-136, §922(b)(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). Pub. L. 108-136, §922(b)(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 (b) of this section in conducting the required review." Pub. L. 108-136, §922(b)(2)(F)(i), substituted "with this subsection" for "with this section" in first sentence. 2002-Subsec. (c)(3). Pub. L. 107-306 substituted "congressional intelligence committees" for "intelligence committees of the Congress".1996-Subsec. (b)(3). Pub. 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 Pub. 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 Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
EFFECTIVE DATEPub. L. 98-477, §4, Oct. 15, 1984, 98 Stat. 2212, provided that: "The amendments made by subsections (a) and (b) 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."
- congressional intelligence committees
- The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
- counterintelligence
- The term "counterintelligence" means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- foreign intelligence
- The term "foreign intelligence" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- intelligence
- The term "intelligence" includes foreign intelligence and counterintelligence.
- national intelligence
- The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves-(i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.