((a)) ** Annual reports required** The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year.

((b)) ** Elements** Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was—

((1)) determined by the director, head, or general counsel of any element of the intelligence community to have occurred;

((2)) referred to the Department of Justice for possible criminal prosecution; or

((3)) substantiated by the inspector general of any element of the intelligence community.