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Title 50, War and National DefenseRelease 119-110

§3351b Limitations on Determinations Regarding Certain Security Classifications

Title 50 › CHAPTER 45 — MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES › SUBCHAPTER III — SECURITY CLEARANCES AND CLASSIFIED INFORMATION › § 3351b

Last updated Sep 22, 2026|Official source

Summary

When an intelligence officer is nominated by the President for a job that needs Senate approval, that officer must not decide whether to classify information about their own nomination. If the officer or someone who reports directly to them would have that power, the Director of National Intelligence must decide. If the nominee is the Director, the Principal Deputy Director decides. The Director or Principal Deputy Director must send a report to the congressional intelligence committees explaining the reasons for the decision.

Full Legal Text

Title 50, §3351b

War and National Defense, Source: USLM XML via OLRC

(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), 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.
(2)Nominations of 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.
(c)Reports
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3351b

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110