
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC436]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
             SUBCHAPTER VI--ACCESS TO CLASSIFIED INFORMATION
 
Sec. 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, Sec. 802, as added Pub. L. 103-359, 
title VIII, Sec. 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 (Sec. 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, Sec. 601, 
Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally 
to subchapter III (Sec. 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.
