50 U.S.C. § 3234 — Prohibited personnel practices in the in-

Page 767 TITLE 50—WAR AND NATIONAL DEFENSE § 3234 words ‘‘Office of the Director of National Intel- ligence’’, the initials ‘‘ODNI’’, the seal of the Of- fice of the Director of National Intelligence, or any colorable imitation of such words, initials, or seal in connection with any merchandise, im- personation, solicitation, or commercial activ- ity in a manner reasonably calculated to convey the impression that such use is approved, en- dorsed, or authorized by the Director of Na- tional Intelligence. (b) Injunction Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil pro- ceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. (July 26, 1947, ch. 343, title XI, § 1103, as added Pub. L. 111–259, title IV, § 413(a), Oct. 7, 2010, 124 Stat. 2726.) Editorial Notes CODIFICATION Section was formerly classified to section 442b of this title prior to editorial reclassification and renumbering as this section. § 3234. Prohibited personnel practices in the in- telligence community (a) Definitions In this section: (1) Agency The term ‘‘agency’’ means an executive de- partment or independent establishment, as de- fined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation. (2) Covered intelligence community element The term ‘‘covered intelligence community element’’— (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the Na- tional Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5 to have as its principal function the conduct of foreign intelligence or counterintelligence activi- ties; and (B) does not include the Federal Bureau of Investigation. (3) Personnel action The term ‘‘personnel action’’ means, with re- spect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee— (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a demotion, suspension, or termi- nation; (F) a reinstatement or restoration; (G) a performance evaluation; (H) a decision concerning pay, benefits, or awards; (I) a decision concerning education or training if such education or training may reasonably be expected to lead to an ap- pointment, promotion, or performance eval- uation; or (J) any other significant change in duties, responsibilities, or working conditions. (4) Contractor employee The term ‘‘contractor employee’’ means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services con- tractor, of a covered intelligence community element. (b) Agency employees Any employee of a covered intelligence com- munity element or an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with re- spect to such authority, take or fail to take, or threaten to take or fail to take, a personnel ac- tion with respect to any employee of a covered intelligence community element as a reprisal for— (1) any lawful disclosure of information by the employee to the Director of National In- telligence (or an employee designated by the Director of National Intelligence for such pur- pose), the Inspector General of the Intel- ligence Community, a supervisor in the em- ployee’s direct chain of command, or a super- visor of the employing agency with responsi- bility for the subject matter of the disclosure, up to and including the head of the employing agency (or an employee designated by the head of that agency for such purpose), the ap- propriate inspector general of the employing agency or covered intelligence community ele- ment, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably be- lieves evidences— (A) a violation of any Federal law, rule, or regulation; or (B) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial and specific danger to public health or safety; (2) any lawful disclosure that complies with— (A) subsections (b)(1), (e), and (h) of sec- tion 416 of title 5; (B) subparagraphs (A), (D), and (H) of sec- tion 3517(d)(5) of this title; or (C) subparagraphs (A), (D), and (I) of sec- tion 3033(k)(5) of this title; or Page 768 TITLE 50—WAR AND NATIONAL DEFENSE § 3234 (3) if the actions do not result in the em- ployee unlawfully disclosing information spe- cifically required by Executive order to be kept classified in the interest of national de- fense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (B) testimony for or otherwise lawfully as- sisting any individual in the exercise of any right referred to in subparagraph (A); or (C) cooperation with or disclosing informa- tion to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (c) Contractor employees (1) Any employee of an agency or of a con- tractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intel- ligence community element who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with re- spect to such authority, take or fail to take, or threaten to take or fail to take, a personnel ac- tion with respect to any contractor employee as a reprisal for— (A) any lawful disclosure of information by the contractor employee to the Director of Na- tional Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the In- telligence Community, a supervisor in the contractor employee’s direct chain of com- mand, or a supervisor of the employing or con- tracting agency or employing contractor with responsibility for the subject matter of the disclosure, up to and including the head of the employing or contracting agency (or an em- ployee designated by the head of that agency for that purpose) or employing contractor, the appropriate inspector general of the employ- ing or contracting agency or covered intel- ligence community element, a congressional intelligence committee, or a member of a con- gressional intelligence committee, which the contractor employee reasonably believes evi- dences— (i) a violation of any Federal law, rule, or regulation (including with respect to evi- dence of another employee or contractor em- ployee accessing or sharing classified infor- mation without authorization); or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial and specific danger to public health or safety; (B) any lawful disclosure that complies with— (i) subsections (b)(1), (e), and (h) of section 416 of title 5; (ii) subparagraphs (A), (D), and (H) of sec- tion 3517(d)(5) of this title; or (iii) subparagraphs (A), (D), and (I) of sec- tion 3033(k)(5) of this title; or (C) if the actions do not result in the con- tractor employee unlawfully disclosing infor- mation specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign af- fairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully as- sisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing infor- mation to the Inspector General of an agen- cy, in accordance with applicable provisions of law in connection with an audit, inspec- tion, or investigation conducted by the In- spector General. (2) A personnel action under paragraph (1) is prohibited even if the action is undertaken at the request of an agency official, unless the re- quest takes the form of a nondiscretionary di- rective and is within the authority of the agency official making the request. (d) Rule of construction Consistent with the protection of intelligence sources and methods, nothing in subsection (b) or (c) shall be construed to authorize— (1) the withholding of information from Con- gress; or (2) the taking of any personnel action against an employee who lawfully discloses in- formation to Congress. (e) Disclosures A disclosure shall not be excluded from this section because— (1) the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably be- lieved to be covered under subsection (b)(1)(B) or the contractor employee reasonably be- lieved to be covered under subsection (c)(1)(A)(ii); (2) the disclosure revealed information that had been previously disclosed; (3) the disclosure was not made in writing; (4) the disclosure was made while the em- ployee was off duty; (5) of the amount of time which has passed since the occurrence of the events described in the disclosure; or (6) the disclosure was made during the nor- mal course of duties of an employee or con- tractor employee. (f) Enforcement The President shall provide for the enforce- ment of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5. (g) Existing rights preserved Nothing in this section shall be construed to— (1) preempt or preclude any employee, con- tractor employee, or applicant for employ- ment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including sec- tion 2303 of title 5; or (2) repeal section 2303 of title 5. Page 769 TITLE 50—WAR AND NATIONAL DEFENSE § 3234 (July 26, 1947, ch. 343, title XI, § 1104, as added Pub. L. 113–126, title VI, § 601(a), July 7, 2014, 128 Stat. 1414; amended Pub. L. 115–118, title I, § 110(a), Jan. 19, 2018, 132 Stat. 15; Pub. L. 117–103, div. X, title V, § 501(a), (d)(2), (e)(1), (f), (g), Mar. 15, 2022, 136 Stat. 981–984; Pub. L. 117–263, div. F, title LXVI, § 6608, title LXVIII, § 6824(a)(8), Dec. 23, 2022, 136 Stat. 3559, 3615; Pub. L. 118–159, div. F, title LXVII, § 6703, title LXIX, § 6902(a)(4), Dec. 23, 2024, 138 Stat. 2515, 2517.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–159, § 6703(1), inserted ‘‘or covered intelligence community element’’ after ‘‘the appropriate inspector general of the employing agency’’ in introductory provisions. Subsec. (b)(2)(A). Pub. L. 118–159, § 6902(a)(4)(A), sub- stituted ‘‘subsections (b)(1), (e), and (h) of section 416 of title 5’’ for ‘‘subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.)’’. Subsec. (c)(1)(A). Pub. L. 118–159, § 6703(2), inserted ‘‘or covered intelligence community element’’ after ‘‘the appropriate inspector general of the employing or con- tracting agency’’ in introductory provisions. Subsec. (c)(1)(A)(ii). Pub. L. 118–159, § 6902(a)(4)(B)(i), substituted semicolon for period at end. Subsec. (c)(1)(B)(i). Pub. L. 118–159, § 6902(a)(4)(B)(ii), substituted ‘‘subsections (b)(1), (e), and (h) of section 416 of title 5’’ for ‘‘subsections (a)(1), (d), and (g) of sec- tion 8H of the Inspector General Act of 1978 (5 U.S.C. App.)’’. 2022—Subsec. (b). Pub. L. 117–103, § 501(f)(1), sub- stituted ‘‘(1) any lawful disclosure’’ for ‘‘a lawful dis- closure’’, inserted dash after ‘‘for’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3). Pub. L. 117–103, § 501(a)(1)(A), (e)(1)(A), in introductory provisions, substituted ‘‘Any employee of a covered in- telligence community element or an agency’’ for ‘‘Any employee of an agency’’ and inserted ‘‘, or threaten to take or fail to take,’’ after ‘‘take or fail to take’’ and ‘‘a supervisor in the employee’s direct chain of com- mand, or a supervisor of the employing agency with re- sponsibility for the subject matter of the disclosure, up to and including’’ before ‘‘the head of the employing agency’’. Subsec. (b)(1)(B). Pub. L. 117–263, § 6824(a)(8), sub- stituted semicolon for period at end. Subsec. (c)(1). Pub. L. 117–103, § 501(f)(2), substituted ‘‘(A) any lawful disclosure’’ for ‘‘a lawful disclosure’’, inserted dash after ‘‘for’’, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, and added subpars. (B) and (C). Pub. L. 117–103, § 501(a)(1)(B), (2), (e)(1)(B), in introduc- tory provisions, inserted ‘‘of an agency or’’ after ‘‘Any employee’’, ‘‘, or threaten to take or fail to take,’’ after ‘‘take or fail to take’’, and ‘‘a supervisor in the contractor employee’s direct chain of command, or a supervisor of the contracting agency with responsi- bility for the subject matter of the disclosure, up to and including’’ before ‘‘the head of the contracting agency’’. Subsec. (c)(1)(A). Pub. L. 117–263, § 6608, in introduc- tory provisions, substituted ‘‘a supervisor of the em- ploying or contracting agency or employing con- tractor’’ for ‘‘a supervisor of the contracting agency’’, ‘‘employing or contracting agency (or an employee des- ignated by the head of that agency for that purpose) or employing contractor’’ for ‘‘contracting agency (or an employee designated by the head of that agency for such purpose)’’, and ‘‘appropriate inspector general of the employing or contracting agency’’ for ‘‘appropriate inspector general of the contracting agency’’. Subsec. (c)(1)(B). Pub. L. 117–103, § 501(d)(2), sub- stituted ‘‘mismanagement’’ for ‘‘gross mismanage- ment’’. Subsec. (d). Pub. L. 117–103, § 501(g)(2), added subsec. (d). Former subsec. (d) redesignated (f). Pub. L. 117–103, § 501(a)(3), amended subsec. (d) gen- erally. Prior to amendment, text read as follows: ‘‘The President shall provide for the enforcement of this sec- tion.’’ Subsec. (e). Pub. L. 117–103, § 501(g)(2), added subsec. (e). Former subsec. (e) redesignated (g). Subsecs. (f), (g). Pub. L. 117–103, § 501(g)(1), redesig- nated subsecs. (d) and (e) as (f) and (g), respectively. 2018—Subsec. (a)(3). Pub. L. 115–118, § 110(a)(1)(A), in- serted ‘‘or a contractor employee’’ after ‘‘character)’’ in introductory provisions. Subsec. (a)(4). Pub. L. 115–118, § 110(a)(1)(B), added par. (4). Subsec. (b). Pub. L. 115–118, § 110(a)(4), substituted ‘‘Agency employees’’ for ‘‘In general’’ in heading. Subsecs. (c) to (e). Pub. L. 115–118, § 110(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (e)(1). Pub. L. 115–118, § 110(a)(5), inserted ‘‘contractor employee,’’ after ‘‘any employee,’’. Statutory Notes and Related Subsidiaries POLICIES AND PROCEDURES; NONAPPLICABILITY TO CERTAIN TERMINATIONS Pub. L. 113–126, title VI, § 604, July 7, 2014, 128 Stat. 1421, provided that: ‘‘(a) COVERED INTELLIGENCE COMMUNITY ELEMENT DE- FINED.—In this section, the term ‘covered intelligence community element’— ‘‘(1) means— ‘‘(A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intel- ligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and ‘‘(B) any executive agency or unit thereof deter- mined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and ‘‘(2) does not include the Federal Bureau of Inves- tigation. ‘‘(b) REGULATIONS.—In consultation with the Sec- retary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an em- ployee of a covered intelligence community element as a reprisal for any disclosure of information described in [section] 1104 of the National Security Act of 1947 [50 U.S.C. 3234], as added by section 601 of this Act. ‘‘(c) REPORT ON THE STATUS OF IMPLEMENTATION OF REGULATIONS.—Not later than 2 years after the date of the enactment of this Act [July 7, 2014], the Director of National Intelligence shall submit a report on the sta- tus of the implementation of the regulations promul- gated under subsection (b) to the congressional intel- ligence committees. ‘‘(d) NONAPPLICABILITY TO CERTAIN TERMINATIONS.— Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not apply if— ‘‘(1) the affected employee is concurrently termi- nated under— ‘‘(A) section 1609 of title 10, United States Code; ‘‘(B) the authority of the Director of National In- telligence under section 102A(m) of the National Se- curity Act of 1947 (50 U.S.C. 3024(m)), if the Director determines that the termination is in the interest of the United States; ‘‘(C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 (50 U.S.C. 3036(e)), if the Director determines that the termination is in the interest of the United States; or 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-