50 USC 3162(b)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 50 USC 3162(b) | status: Basic | banner: CUI.
- DoD authority row: 50 USC 3162(b). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 50 USC 3162(b) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 631 TITLE 50—WAR AND NATIONAL DEFENSE § 3162
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to administrative orders sent to compel the recipients of the letters to provide information to federal investigators.
- DoD category scope used with this authority: Related to administrative orders sent to compel the recipients of the letters to provide information to federal investigators. A national security letter (NSL) is a law enforcement investigative tool similar to a subpoena and is most commonly issued by the FBI. NSLs are used to obtain information from companies as part of national security-related investigations.
- 50 USC 3162(b) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to administrative orders sent to compel the recipients of the letters to provide information to federal investigators.
- DoD category scope: Related to administrative orders sent to compel the recipients of the letters to provide information to federal investigators. A national security letter (NSL) is a law enforcement investigative tool similar to a subpoena and is most commonly issued by the FBI. NSLs are used to obtain information from companies as part of national security-related investigations.
- Extracted authority condition: Requests by authorized investigative agencies (a) Generally (1) Any authorized investigative agency may request from any financial agency, financial in- stitution, or holding company, or from any con- sumer reporting agency, such financial records, other financial information, and consumer re- ports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security deter- mination.
- Extracted authority condition: (f) Dissemination of records or information re- ceived 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 informa- tion; (2) to the Department of Justice for law en- forcement or counterintelligence purposes; or (3) with respect to dissemination to an agen- cy of the United States, if such information is clearly relevant to the authorized responsibil- ities of such agency.
- Extracted authority condition: Page 633 TITLE 50—WAR AND NATIONAL DEFENSE § 3164 (d) Records or information; inspection or copy- ing (1) Notwithstanding any other provision of law (other than section 6103 of title 26), an entity re- ceiving a request for records or information under subsection (a) shall, if the request satis- fies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appro- priate, by the agency requesting such records or information.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 50 USC 3162(b) | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Definitions For purposes of this subchapter— (1) the term ‘‘authorized investigative agen- cy’’ means an agency authorized by law or reg- ulation to conduct a counterintelligence in- vestigation or investigations of persons who are proposed for access to classified informa- tion to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information; (2) the term ‘‘classified information’’ means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic En- ergy Act of 1954 [42 U.S.C. 2011 et seq.], to re- quire protection against unauthorized disclo- sure and that is so designated;
- Extracted authority control: (f) Dissemination of records or information re- ceived 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 informa- tion; (2) to the Department of Justice for law en- forcement or counterintelligence purposes; or (3) with respect to dissemination to an agen- cy of the United States, if such information is clearly relevant to the authorized responsibil- ities of such agency.
- Extracted authority control: (B) Certification The requirements of subparagraph (A) shall apply if the head of an authorized in- vestigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this sub- section may result in— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic rela- tions; or (iv) danger to the life or physical safety of any person.
- Extracted authority control: (b) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subpara- graph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).
- Extracted authority control: (2) Any entity (including any officer, em- ployee, or agent thereof) that discloses records or information for inspection or copying pursu- ant 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 reg- ulation of any State or any political subdivision of any State.
Authority excerpts
Most relevant extracted authority passageDefinitions For purposes of this subchapter— (1) the term ‘‘authorized investigative agen- cy’’ means an agency authorized by law or reg- ulation to conduct a counterintelligence in- vestigation or investigations of persons who are proposed for access to classified informa- tion to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information; (2) the term ‘‘classified information’’ means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic En- ergy Act of 1954 [42 U.S.C. 2011 et seq.], to re- quire protection against unauthorized disclo- sure and that is so designated;
Extracted authority passage 3(f) Dissemination of records or information re- ceived 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 informa- tion; (2) to the Department of Justice for law en- forcement or counterintelligence purposes; or (3) with respect to dissemination to an agen- cy of the United States, if such information is clearly relevant to the authorized responsibil- ities of such agency.
Extracted authority passage 4(B) Certification The requirements of subparagraph (A) shall apply if the head of an authorized in- vestigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this sub- section may result in— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic rela- tions; or (iv) danger to the life or physical safety of any person.
Extracted authority passage 5(b) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subpara- graph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).
Extracted authority passage 6Requests by authorized investigative agencies (a) Generally (1) Any authorized investigative agency may request from any financial agency, financial in- stitution, or holding company, or from any con- sumer reporting agency, such financial records, other financial information, and consumer re- ports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security deter- mination.