Notes on 50 U.S.C. § 431 : US Code - Notes

Search Notes on 50 U.S.C. § 431 : US Code - Notes

(July 26, 1947, ch. 343, title VII, Sec. 701, as added Pub. L. 98-
477, Sec. 2(a), Oct. 15, 1984, 98 Stat. 2209; amended Pub. L. 104-
93, title VII, Sec. 702, Jan. 6, 1996, 109 Stat. 978; Pub. L. 107-
306, title III, Sec. 353(b)(10), Nov. 27, 2002, 116 Stat. 2402;
Pub. L. 108-136, div. A, title IX, Sec. 922(b)(1), (2)(B)-(F),
(d)(1)(B), Nov. 24, 2003, 117 Stat. 1573, 1574; Pub. L. 108-458,
title I, Secs. 1071(a)(6), 1072(a)(7), Dec. 17, 2004, 118 Stat.
3690, 3692.)
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec.
(f)(5), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
CODIFICATION
The text of section 432 of this title, which was transferred to
this section and redesignated as subsec. (g) by Pub. L. 108-136,
Sec. 922(b)(2)(B), was based on act July 26, 1947, ch. 343, title
VII, Sec. 702, as added Pub. L. 98-477, Sec. 2(a), Oct. 15, 1984,
98 Stat. 2211.
AMENDMENTS
2004 - Subsec. (a). Pub. L. 108-458, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 922(b)(2)(C), inserted
heading.
Pub. L. 108-136, Sec. 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, Sec. 922(b)(2)(D), substituted
"of this section" for "of section 431 of this title".
Subsec. (g)(2). Pub. L. 108-136, Sec. 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, Sec. 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, Sec. 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".
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 401 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 401 of
this title.
EFFECTIVE DATE
Section 4 of Pub. L. 98-477 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."