50 U.S.C. § 3235

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 3235 - Semiannual reports on investigations of unauthorized disclosures of classified information
(a) Definitions

In this section:

(1) Covered official

The term "covered official" means-

(A) the heads of each element of the intelligence community; and
(B) the inspectors general with oversight responsibility for an element of the intelligence community.
(2) Investigation

The term "investigation" means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information.

(3) Unauthorized disclosure of classified information

The term "unauthorized disclosure of classified information" means any unauthorized disclosure of classified information to any recipient.

(4) Unauthorized public disclosure of classified information

The term "unauthorized public disclosure of classified information" means the unauthorized 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 public 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 unauthorized public disclosure of classified information.
(B) The number of investigations completed by the covered official regarding an unauthorized public disclosure of classified information.
(C) Of the number of such completed investigations 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 Justice, 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 status of each referral made to the Department of Justice from any element of the intelligence community regarding an unauthorized disclosure 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 alleged unauthorized disclosure described in the referral was substantiated by the Department of Justice.
(C) A statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure.
(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 attribute the unauthorized disclosure to a particular 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.

50 U.S.C. § 3235

July 26, 1947, ch. 343, title XI, §1105, as added Pub. L. 116-92, §6718, 133 Stat. 2228.
congressional intelligence committees
The term "congressional intelligence committees" means-(A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
intelligence community
The term "intelligence community" includes the following:(A) The Office of the Director of National Intelligence.(B) The Central Intelligence Agency.(C) The National Security Agency.(D) The Defense Intelligence Agency.(E) The National Geospatial-Intelligence Agency.(F) The National Reconnaissance Office.(G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs.(H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy.(I) The Bureau of Intelligence and Research of the Department of State.(J) The Office of Intelligence and Analysis of the Department of the Treasury.(K) The Office of Intelligence and Analysis of the Department of Homeland Security.(L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.