50 U.S.C. § 3235 — Semiannual reports on investigations of

Page 770 TITLE 50—WAR AND NATIONAL DEFENSE § 3235 ‘‘(D) section 7532 of title 5, United States Code, if the head of the agency determines that the termi- nation is in the interest of the United States; and ‘‘(2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence com- mittees of the termination.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 604 of Pub. L. 113–126, set out above, see section 2 of Pub. L. 113–126, set out as a note under section 3003 of this title.] § 3235. Semiannual reports on investigations of unauthorized disclosures of classified infor- mation (a) Definitions In this section: (1) Covered official The term ‘‘covered official’’ means— (A) the heads of each element of the intel- ligence community; and (B) the inspectors general with oversight responsibility for an element of the intel- ligence community. (2) Investigation The term ‘‘investigation’’ means any in- quiry, whether formal or informal, into the ex- istence of an unauthorized public disclosure of classified information. (3) Unauthorized disclosure of classified infor- mation The term ‘‘unauthorized disclosure of classi- fied information’’ means any unauthorized dis- closure of classified information to any recipi- ent. (4) Unauthorized public disclosure of classified information The term ‘‘unauthorized public disclosure of classified information’’ means the unauthor- ized disclosure of classified information to a journalist or media organization. (b) Intelligence community reporting (1) In general Not less frequently than once every 6 months, each covered official shall submit to the congressional intelligence committees a report on investigations of unauthorized pub- lic disclosures of classified information. (2) Elements Each report submitted under paragraph (1) shall include, with respect to the preceding 6- month period, the following: (A) The number of investigations opened by the covered official regarding an unau- thorized public disclosure of classified infor- mation. (B) The number of investigations com- pleted by the covered official regarding an unauthorized public disclosure of classified information. (C) Of the number of such completed inves- tigations identified under subparagraph (B), the number referred to the Attorney General for criminal investigation. (c) Department of Justice reporting (1) In general Not less frequently than once every 6 months, the Assistant Attorney General for National Security of the Department of Jus- tice, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the sta- tus of each referral made to the Department of Justice from any element of the intelligence community regarding an unauthorized disclo- sure of classified information made during the most recent 365-day period or any referral that has not yet been closed, regardless of the date the referral was made. (2) Contents Each report submitted under paragraph (1) shall include, for each referral covered by the report, at a minimum, the following: (A) The date the referral was received. (B) A statement indicating whether the al- leged unauthorized disclosure described in the referral was substantiated by the De- partment of Justice. (C) A statement indicating the highest level of classification of the information that was revealed in the unauthorized dis- closure. (D) A statement indicating whether an open criminal investigation related to the referral is active. (E) A statement indicating whether any criminal charges have been filed related to the referral. (F) A statement indicating whether the Department of Justice has been able to at- tribute the unauthorized disclosure to a par- ticular entity or individual. (d) Form of reports Each report submitted under this section shall be submitted in unclassified form, but may have a classified annex. (July 26, 1947, ch. 343, title XI, § 1105, as added Pub. L. 116–92, div. E, title LXVII, § 6718(a), Dec. 20, 2019, 133 Stat. 2228.) § 3235a. Notice and damage assessment with re- spect to significant unauthorized disclosure or compromise of classified national intel- ligence (a) Notification and damage assessment require- ments (1) Requirements If the Director of National Intelligence be- comes aware of an actual or potential signifi- cant unauthorized disclosure or compromise of classified national intelligence— (A) as soon as practicable, but not later than 7 days after the date on which the Di- rector becomes so aware, the Director shall notify the congressional intelligence com- mittees of such actual or potential disclo- sure or compromise; and (B) in the case of an actual disclosure or compromise, not later than 7 days after the date on which the Director becomes so aware, the Director or the head of any ele- ment of the intelligence community from which the significant unauthorized disclo-