U.S. Code » Title 50 » Chapter CHAPTER 47— NATIONAL SECURITY AGENCY

50 U.S.C. § 3605

Disclosure of Agency’s organization, function, activities, or personnel

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(a) Except as provided in subsection (b) of this section, nothing in this chapter or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935) 11 See References in Text note below. shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency.(b) The reporting requirements of section 1582 of title 10 1 shall apply to positions established in the National Security Agency in the manner provided by section 3603 1 of this title.(Pub. L. 86–36, § 6, May 29, 1959, 73 Stat. 64.)Editorial NotesReferences in Text

The first section and section 2 of the Act of August 28, 1935, referred to in subsec. (a), are sections 1 and 2 of act Aug. 28, 1935, ch. 795, 49 Stat. 956, 957, which were classified to section 654 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 86–626, title I, § 101, July 12, 1960, 74 Stat. 427.

Section 1582 of title 10, referred to in subsec. (b), was repealed by Pub. L. 97–295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290, and a new section 1582, relating to assistive technology, was subsequently added by Pub. L. 106–398, § 1 [[div. A], title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.

Section 3603, referred to in subsec. (b), was repealed by Pub. L. 104–201, div. A, title XVI, § 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.

Codification

Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the first day of the first pay period which begins later than the thirtieth day following May 29, 1959, see section 8 of Pub. L. 86–36, set out as a note under section 3604 of this title.

Notes of Decisions
Cited in 25 cases (8 in the last 5 years), 2014–2026 · leading case: Elec. Privacy Info. Ctr. v. Dep't of Justice
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Elec. Privacy Info. Ctr. v. Dep't of Justice (2017) cadc · cites it 3× “§ 3024 (i)(1) (exempting "intelligence sources and methods" from disclosure), or Section 6 of the National Security Agency Act of 1959, 50 U.S.C. § 3605 (authorizing the withholding of information that relates to "the organization or any function of the [NSA], or any information…”
Shapiro v. Central Intelligence Agency (2016) dcd · cites it 2× “” 50 U.S.C. § 3605 (a). Second, another federal statute criminalizes the unauthorized disclosure of any classified information “concerning the communication intelligence activities of the United States or any foreign government” or “obtained by the processes of communication…”
Am. Civil Liberties Union v. Nat'l Sec. Agency (2019) ca2 “See 50 U.S.C. § 3605 (NSA) ; 50 U.S.C. § 3507 (CIA) ; 18 U.”
Electronic Privacy Information Center v. United States Department of Homeland Security (2015) dcd · cites it 2× “at 12, thus satisfying the first prong of the Exemption 3 test, EPIC contends that the second prong is not satisfied because the Government has not demonstrated how the statutes apply to nondisclosure.”
Whitaker v. Central Intelligence Agency (2014) dcd · cites it 2× “63 , 64 (1959), 50 U.S.C. § 3605 (a). Pl.’s Opp’n at 9-10.”
Agility Public Warehousing Company K.S.C. v. National Security Agency (2015) dcd “The NSA also relies on two additional statutory provisions as support for withholding under Exemption 3: (1) Section 6 of the National Security Act of 1959 (codified at 50 U.S.C. § 3605 ), which provides that "[njoth-ing in this Act or any other law .”
Sack v. Central Intelligence Agency (2014) dcd “The provision thus stands in contrast to Section 6 of the National Security Agency Act, 50 U.S.C. § 3605 (a), which protects from disclosure “the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the…”
Elec. Frontier Found. v. U.S. Dep't of Justice (2019) cand · cites it 2× “§ 3024 (i)(1), and (2) Section 6 of the NSA Act of 1959, codified as 50 U.S.C. § 3605 . 4 Dkt. No. 66 at 10-11.”
James Madison Project v. Cent. Intelligence Agency (2018) cadc “The NSA points to the National Security Agency Act, 50 U.S.C. § 3605 (a), the Intelligence Reform and Terrorism Prevention Act, 50 U.”
All Party Parliamentary Group on Extraordinary Rendition v. U.S. Department of Defense (2015) dcd “The statute claimed by the NSA plainly qualifies: 50 U.S.C. § 3605 (a) provides that no law “shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof.”
Electronic Frontier Foundation v. Department of Justice (2015) dcd “¶ 48 (the Section 1809 Opinion includes technical information about how NSA accomplishes its SIGINT mission, and thus it is protected from disclosure under Exemption 3 and under the National Security Act, 50 U.S.C. §§ 3605 , 3024(i)(l), exempting from disclosure NSA functions,…”
Bahrampour v. National Security Agency (2024) mdd · cites it 4× “§ 3024 (i), and 50 U.S.C. § 3605 , “we are not able to confirm or deny the existence of intelligence records on any and all individuals who request them.”
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