50 U.S.C. § 3236 — Inspector General external review panel

Page 771 TITLE 50—WAR AND NATIONAL DEFENSE § 3236 sure or compromise originated shall initiate a damage assessment consistent with the procedures set forth in Intelligence Commu- nity Directive 732 (relating to the conduct of damage assessments), or successor directive, with respect to such disclosure or com- promise. (2) Contents of notification A notification submitted to the congres- sional intelligence committees under para- graph (1)(A) with respect to an actual or po- tential significant unauthorized disclosure or compromise of classified national intelligence shall include— (A) a summary of the facts and cir- cumstances of such disclosure or com- promise; (B) a summary of the contents of the na- tional intelligence revealed or potentially revealed, as the case may be, by such disclo- sure or compromise; (C) an initial appraisal of the level of ac- tual or potential damage, as the case may be, to the national security of the United States as a result of such disclosure or com- promise; and (D) in the case of an actual disclosure or compromise, which elements of the intel- ligence community will be involved in the damage assessment conducted with respect to such disclosure or compromise pursuant to paragraph (1)(B). (b) Damage assessment reporting requirements (1) Recurring reporting requirement Not later than 30 days after the date of the initiation of a damage assessment pursuant to subsection (a)(1)(B), and every 90 days there- after until the completion of the damage as- sessment or upon the request of the congres- sional intelligence committees, the Director of National Intelligence shall— (A) submit to the congressional intel- ligence committees copies of any documents or materials disclosed as a result of the sig- nificant unauthorized disclosure or com- promise of the classified national intel- ligence that is the subject of the damage as- sessment; and (B) provide to the congressional intel- ligence committees a briefing on such docu- ments and materials and a status of the damage assessment. (2) Final damage assessment As soon as practicable after completing a damage assessment pursuant to subsection (a)(1)(B), the Director of National Intelligence shall submit the final damage assessment to the congressional intelligence committees. (c) Notification of referral to Department of Jus- tice If a referral is made to the Department of Jus- tice from any element of the intelligence com- munity regarding a significant unauthorized dis- closure or compromise of classified national in- telligence under this section, the Director of Na- tional Intelligence shall notify the congres- sional intelligence committees of the referral on the date such referral is made. (July 26, 1947, ch. 343, title XI, § 1105A, as added Pub. L. 118–31, div. G, title III, § 7315, Dec. 22, 2023, 137 Stat. 1031.) § 3236. Inspector General external review panel (a) Request for review An individual with a claim described in sub- section (b) may submit to the Inspector General of the Intelligence Community a request for a review of such claim by an external review panel convened under subsection (c). (b) Claims and individuals described A claim described in this subsection is any— (1) claim by an individual— (A) that the individual has been subjected to a personnel action that is prohibited under section 3234 of this title; and (B) who has exhausted the applicable re- view process for the claim pursuant to en- forcement of such section; or (2) claim by an individual— (A) that he or she has been subjected to a reprisal prohibited by paragraph (1) of sec- tion 3341(j) of this title; and (B) who received a decision on an appeal regarding that claim under paragraph (4) of such section. (c) External review panel convened (1) Discretion to convene Upon receipt of a request under subsection (a) regarding a claim, the Inspector General of the Intelligence Community may, at the dis- cretion of the Inspector General, convene an external review panel under this subsection to review the claim. (2) Membership (A) Composition An external review panel convened under this subsection shall be composed of three members as follows: (i) The Inspector General of the Intel- ligence Community. (ii) Except as provided in subparagraph (B), two members selected by the Inspector General as the Inspector General considers appropriate on a case-by-case basis from among inspectors general of the following: (I) The Department of Defense. (II) The Department of Energy. (III) The Department of Homeland Se- curity. (IV) The Department of Justice. (V) The Department of State. (VI) The Department of the Treasury. (VII) The Central Intelligence Agency. (VIII) The Defense Intelligence Agen- cy. (IX) The National Geospatial-Intel- ligence Agency. (X) The National Reconnaissance Of- fice. (XI) The National Security Agency. (B) Limitation An inspector general of an agency may not be selected to sit on the panel under sub- paragraph (A)(ii) to review any matter relat- ing to a decision made by such agency. Page 772 TITLE 50—WAR AND NATIONAL DEFENSE § 3237 (C) Chairperson (i) In general Except as provided in clause (ii), the chairperson of any panel convened under this subsection shall be the Inspector Gen- eral of the Intelligence Community. (ii) Conflicts of interest If the Inspector General of the Intel- ligence Community finds cause to recuse himself or herself from a panel convened under this subsection, the Inspector Gen- eral of the Intelligence Community shall— (I) select a chairperson from inspectors general of the elements listed under sub- paragraph (A)(ii) whom the Inspector General of the Intelligence Community considers appropriate; and (II) notify the congressional intel- ligence committees of such selection. (3) Period of review Each external review panel convened under this subsection to review a claim shall com- plete review of the claim no later than 270 days after the date on which the Inspector General convenes the external review panel. (d) Remedies (1) Panel recommendations If an external review panel convened under subsection (c) determines, pursuant to a re- view of a claim submitted by an individual under subsection (a), that the individual was the subject of a personnel action prohibited under section 3234 of this title or was sub- jected to a reprisal prohibited by section 3341(j)(1) of this title, the panel may rec- ommend that the agency head take corrective action— (A) in the case of an employee or former employee— (i) to return the employee or former em- ployee, as nearly as practicable and rea- sonable, to the position such employee or former employee would have held had the reprisal not occurred; or (ii) reconsider the employee’s or former employee’s eligibility for access to classi- fied information consistent with national security; or (B) in any other case, such other action as the external review panel considers appro- priate. (2) Agency action (A) In general Not later than 90 days after the date on which the head of an agency receives a rec- ommendation from an external review panel under paragraph (1), the head shall— (i) give full consideration to such rec- ommendation; and (ii) inform the panel and the Director of National Intelligence of what action the head has taken with respect to the rec- ommendation. (B) Failure to inform The Director shall notify the President of any failures to comply with subparagraph (A)(ii). (e) Annual reports (1) In general Not less frequently than once each year, the Inspector General of the Intelligence Commu- nity shall submit to the congressional intel- ligence committees and the Director of Na- tional Intelligence a report on the activities under this section during the previous year. (2) Contents Subject to such limitations as the Inspector General of the Intelligence Community con- siders necessary to protect the privacy of an individual who has made a claim described in subsection (b), each report submitted under paragraph (1) shall include, for the period cov- ered by the report, the following: (A) The determinations and recommenda- tions made by the external review panels convened under this section. (B) The responses of the heads of agencies that received recommendations from the ex- ternal review panels. (July 26, 1947, ch. 343, title XI, § 1106, as added Pub. L. 116–92, div. E, title LIII, § 5332(a)(1), Dec. 20, 2019, 133 Stat. 2137.) § 3237. Annual reports on influence operations and campaigns in the United States by the Chinese Communist Party (a) Requirement On an annual basis, consistent with the pro- tection of intelligence sources and methods, the Director of the National Counterintelligence and Security Center shall submit to the congres- sional intelligence committees, the Committee on Foreign Affairs of the House of Representa- tives, and the Committee on Foreign Relations of the Senate a report on the influence oper- ations and campaigns in the United States con- ducted by the Chinese Communist Party. (b) Contents Each report under subsection (a) shall include the following: (1) A description of the organization of the United Front Work Department of the Peo- ple’s Republic of China, or the successors of the United Front Work Department, and the links between the United Front Work Depart- ment and the Central Committee of the Chi- nese Communist Party. (2) An assessment of the degree to which or- ganizations that are associated with or receive funding from the United Front Work Depart- ment, particularly such entities operating in the United States, are formally tasked by the Chinese Communist Party or the Government of China. (3) A description of the efforts by the United Front Work Department and subsidiary orga- nizations of the United Front Work Depart- ment to target, coerce, and influence foreign populations, particularly those of ethnic Chi- nese descent. (4) An assessment of attempts by the Chi- nese Embassy, consulates, and organizations affiliated with the Chinese Communist Party (including, at a minimum, the United Front Work Department) to influence the United