§ 3349. Notification regarding the authorized public disclosure of national intelligence

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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.

(Pub. L. 112–277, title V, § 504, Jan. 14, 2013, 126 Stat. 2477; Pub. L. 113–126, title III, § 328, July 7, 2014, 128 Stat. 1405.)

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