U.S. Code, Title 50, War and National Defense

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 436. Requests by Authorized Investigative Agencies

(a) Generally

     (1) Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States.

     (2) Requests may be made under this section where—

     (A) the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and

     (B)(i) there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power;

     (ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or

     (iii) circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power.

     (3) Each such request—

     (A) shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that—

     (i) the person concerned is or was an employee within the meaning of paragraph (2)(A);

     (ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and

     (iii) the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review;

     (B) shall contain a copy of the agreement referred to in subparagraph (A)(iii);

     (C) shall identify specifically or by category the records or information to be reviewed; and

     (D) shall inform the recipient of the request of the prohibition described in subsection (b) of this section.

(b) Disclosure of requests

     Notwithstanding any other provision of law, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person, other than those officers, employees, or agents of such entity necessary to satisfy a request made under this section, that such entity has received or satisfied a request made by an authorized investigative agency under this section.

(c) Records or information; inspection or copying

     (1) Notwithstanding any other provision of law (other than section 6103 of title 26), an entity receiving a request for records or information under subsection (a) of this section shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information.

     (2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(d) Reimbursement of costs

     Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data.

(e) Dissemination of records or information received

     An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only—

     (1) to the agency employing the employee who is the subject of the records or information;

     (2) to the Department of Justice for law enforcement or counterintelligence purposes; or

     (3) with respect to dissemination to an agency of the United States, if such information is clearly relevant to the authorized responsibilities of such agency.

(f) Construction of section

     Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(July 26, 1947, ch. 343, title VIII, § 802, as added Pub. L. 103–359, title VIII, § 802(a), Oct. 14, 1994, 108 Stat. 3436.)

References in Text

     The Right to Financial Privacy Act, referred to in subsec. (f), probably means the Right to Financial Privacy Act of 1978, which is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, as amended, and is classified generally to chapter 35 (§ 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.

     The Fair Credit Reporting Act, referred to in subsec. (f), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1601 of Title 15 and Tables.

Section Referred to in Other Sections

     This section is referred to in section 435 of this title.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 436. Requests by Authorized Investigative Agencies," U.S. Code, Title 50, War and National Defense in U.S. Code, Title 50, War and National Defense (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed February 23, 2024, http://www.originalsources.com/Document.aspx?DocID=9FUMQ21VS2PDCAV.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 436. Requests by Authorized Investigative Agencies." U.S. Code, Title 50, War and National Defense, in U.S. Code, Title 50, War and National Defense, Washington, D.C., Government Printing Office, 2002, Original Sources. 23 Feb. 2024. http://www.originalsources.com/Document.aspx?DocID=9FUMQ21VS2PDCAV.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 436. Requests by Authorized Investigative Agencies' in U.S. Code, Title 50, War and National Defense. cited in 2002, U.S. Code, Title 50, War and National Defense, Government Printing Office, Washington, D.C.. Original Sources, retrieved 23 February 2024, from http://www.originalsources.com/Document.aspx?DocID=9FUMQ21VS2PDCAV.