50 U.S.C. § 3235 — Semiannual reports on investigations of unauthorized disclosures of classified information
submitted 79 years ago by Pub. L. 116-92 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 485 words · no verdicts yet
Every six months, covered intelligence officials must report to Congress on investigations of unauthorized public disclosures of classified information. The Justice Department must separately report on covered referrals and the reports are generally unclassified.
(a) Definitions. (1) “Covered official” means each intelligence*-community element head and each inspector general responsible for overseeing an intelligence-community element. (2) “Investigation” means any formal or informal inquiry into whether an unauthorized public disclosure of classified information exists. (3) “Unauthorized disclosure of classified information” means any unauthorized disclosure of classified information to any recipient. (4) “Unauthorized public disclosure” means such a disclosure to a journalist or media organization. This section does not define these quoted terms further.
(b) Intelligence-community reports. (1) At least once every six months, each covered official must report to the congressional intelligence committees* on investigations of unauthorized public disclosures. (2) For the preceding six months, the report must state (A) how many such investigations the official opened; (B) how many the official completed; and (C) how many completed investigations were referred to the Attorney General for criminal investigation.
(c) Justice Department reports. (1) At least once every six months, the Assistant Attorney General for National Security, consulting the FBI Director, must report to the intelligence committees and the Senate and House Judiciary Committees on each referral from an intelligence-community element concerning an unauthorized classified-information disclosure made during the latest 365 days, and each referral still open regardless of age. (2) For each referral, the report must state (A) when it was received; (B) whether Justice substantiated the alleged disclosure; (C) the highest classification level of the revealed information; (D) whether a related criminal investigation is active; (E) whether charges were filed; and (F) whether Justice attributed the disclosure to a particular entity or person.
(d) Form. Reports must be unclassified but may include a classified annex.
In this section:
The term “covered official” means—
the heads of each element of the intelligence community*; and
the inspectors general with oversight responsibility for an element of the intelligence* community.
The term “investigation” means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information.
The term “unauthorized disclosure of classified information” means any unauthorized disclosure of classified information to any recipient.
The term “unauthorized public disclosure of classified information” means the unauthorized disclosure of classified information to a journalist or media organization.
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.
Each report submitted under paragraph (1) shall include, with respect to the preceding 6-month period, the following:
The number of investigations opened by the covered official regarding an unauthorized public disclosure of classified information.
The number of investigations completed by the covered official regarding an unauthorized public disclosure of classified information.
Of the number of such completed investigations identified under subparagraph (B), the number referred to the Attorney General for criminal investigation.
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.
Each report submitted under paragraph (1) shall include, for each referral covered by the report, at a minimum, the following:
The date the referral was received.
A statement indicating whether the alleged unauthorized disclosure described in the referral was substantiated by the Department of Justice.
A statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure.
A statement indicating whether an open criminal investigation related to the referral is active.
A statement indicating whether any criminal charges have been filed related to the referral.
A statement indicating whether the Department of Justice has been able to attribute the unauthorized disclosure to a particular entity or individual.
Each report submitted under this section shall be submitted in unclassified form, but may have a classified annex.
Source credit: (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.)
- 1947Enacted · Pub. L. 116-92 · 133 Stat. 2228
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 1947-07-26.
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