50 U.S.C. § 3349: Notification regarding the…

Summary

A government official who allows the executive branch to share national intelligence with media or with anyone expected to make it public must promptly tell the congressional intelligence committees when the information is classified or was declassified just for the sharing, and when an officer, employee, or contractor of the Executive branch will make the disclosure. The notice must give the job title and legal authority of who approved the sharing, and if someone else approved declassification, that person’s job title and authority. It must describe the intelligence, say what its classification was before sharing or declassification, and explain why it was shared. No notice is needed for disclosures required by law (including section 552 of title 5, the Freedom of Information Act), for court or administrative proceedings, for declassification reviews under Executive Order 13526 (50 U.S.C. 435 note) [now 50 U.S.C. 3161 note] or a successor order, or when the recipient is a federal officer, employee, contractor, or advisory committee member with an active security clearance and a need to know (see section 3003(5)).

Title 50, §3349

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(a)Notification

In the event of an authorized disclosure of national intelligence or intelligence related to national security to the persons or entities described in subsection (b), the government official responsible for authorizing the disclosure shall submit to the congressional intelligence committees on a timely basis a notification of the disclosure if—

(1)at the time of the disclosure—

(A)such intelligence is classified; or

(B)is declassified for the purpose of the disclosure; and

(2)the disclosure will be made by an officer, employee, or contractor of the Executive branch.

(b)Persons or entities described

The persons or entities described in this subsection are as follows:

(1)Media personnel.

(2)Any person or entity, if the disclosure described in subsection (a) is made with the intent or knowledge that such information will be made publicly available.

(c)Content

Each notification required under subsection (a) shall—

(1)provide the specific title and authority of the individual authorizing the disclosure;

(2)if applicable, provide the specific title and authority of the individual who authorized the declassification of the intelligence disclosed; and

(3)describe the intelligence disclosed, including the classification of the intelligence prior to its disclosure or declassification and the rationale for making the disclosure.

(d)Exception

The notification requirement in this section does not apply to a disclosure made—

(1)pursuant to any statutory requirement, including to section 552 of title 5 (commonly referred to as the “Freedom of Information Act”);

(2)in connection with a civil, criminal, or administrative proceeding;

(3)as a result of a declassification review process under Executive Order 13526 (50 U.S.C. 435 note) [now 50 U.S.C. 3161 note] or any successor order; or

(4)to any officer, employee, or contractor of the Federal government or member of an advisory committee to an element of the intelligence community who possesses an active security clearance and a need to know the specific national intelligence or intelligence related to national security, as defined in section 3003(5) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (e). Pub. L. 113–126 struck out subsec. (e). Text read as follows: “The notification requirements of this section shall cease to be effective for any disclosure described in subsection (a) that occurs on or after the date that is one year after January 14, 2013.”

Statutory Notes and Related Subsidiaries

Definitions Pub. L. 112–277, § 2, Jan. 14, 2013, 126 Stat. 2469, provided that: “In this Act [see Tables for classification]: “(1) 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. “(2) Intelligence community.—The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)].”

§3349 Notification Regarding the Authorized Public Disclosure of National Intelligence