§3365 — Title 50 War and National Defense | U.S. Code

Summary

Federal officials may share foreign intelligence or counterintelligence, including foreign intelligence found during a criminal investigation, with other federal law enforcement, intelligence, protective, immigration, national defense, or national security officials to help them do their jobs. Anyone who gets the information must use it only as needed for official duties and must follow rules that protect sensitive sources, methods, and law enforcement secrets. If the information shows a real or possible attack, sabotage, terrorism, or secret spying by a foreign power or its agent, it may also be shared with the right federal, state, local, or foreign officials to prevent or respond to the threat. State, local, and foreign officials must follow joint guidelines from the Attorney General and the Director of Central Intelligence. Foreign intelligence information means either (A) information about the U.S. ability to guard against three things—attacks or hostile acts; sabotage or international terrorism; and covert spying by foreign powers or their agents—or (B) information about a foreign power or place that concerns U.S. national defense or the conduct of U.S. foreign affairs. It may or may not involve a U.S. person.

Title 50, §3365

War and National Defense — Source: USLM XML via OLRC

(1)Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3003 of this title) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information. Consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.

(2)In this section, the term “foreign intelligence information” means—

(A)information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—

(i)actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(ii)sabotage or international terrorism by a foreign power or an agent of a foreign power; or

(iii)clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or

(B)information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—

(i)the national defense or the security of the United States; or

(ii)the conduct of the foreign affairs of the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 403–5d of this title prior to editorial reclassification and renumbering as this section.

Amendments

2023—Par. (1). Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 897(a). See 2002 Amendment note below. 2002—Par. (1). Pub. L. 107–296, 897(a), which inserted at end “Consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law

Enforcement

information, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.”, was repealed by Pub. L. 117–347, § 323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see

Construction

of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of Title 6, Domestic Security.

§3365 Foreign intelligence information

Summary

Title 50, §3365

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Construction

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata