§3374 — Title 50 War and National Defense | U.S. Code

Summary

Requires intelligence agencies to act fast when they learn of an imminent threat to a United States person inside the United States. If an agency, under the rules of Intelligence Community Directive 191 and after consulting the FBI when needed, warns the person or helps get them warned, the agency head must immediately tell the FBI Director and, if someone is officially protecting that person, tell that protector too. The FBI Director must create a system to record and keep each warning notice received. Notices to a protector can be sent any quick, appropriate way, including through the FBI Director. This does not reduce any existing duty to warn under ICD 191. "United States person" is defined in section 3039.

Title 50, §3374

War and National Defense — Source: USLM XML via OLRC

(a)It is the sense of Congress that Congress is gravely concerned about the ongoing threat of lethal plotting against United States persons from adversary nations, including those against numerous former senior United States officials, principally from the Government of the Islamic Republic of Iran. Information collected regarding plots against United States persons requires expeditious fulfilment of the duty to warn process of the intelligence community, including close consultation with the Federal Bureau of Investigation.

(b)(1)If an element of the intelligence community determines pursuant to procedures established in accordance with Intelligence Community Directive 191 (or any successor directive) that such element has a duty to warn a United States person inside the United States of an impending threat and, after consultation with the Federal Bureau of Investigation when required, notifies such person or facilitates notification of such person by another party, the head of such element shall also immediately provide notice of the warning to the Director of the Federal Bureau of Investigation and, if such person is under the protection of an element of the Federal Government, a person responsible for the protection of such United States person.

(2)If notice is required under paragraph (1) to a person responsible for the protection of a United States person, such notice may be made in any appropriate and expeditious manner, including through the Director of the Federal Bureau of Investigation.

(c)The Director of the Federal Bureau of Investigation shall establish a process for documenting and maintaining records of each notice of a warning provided to the Director in accordance with subsection (b).

(d)Nothing in this section shall be construed to limit any duty to warn already in effect, including under Intelligence Community Directive 191 (relating to duty to warn) and any policies or procedures issued in accordance with such directive.

(e)In this section, the term “United States person” has the meaning given the term in section 3039 of this title.

Statutory Notes and Related Subsidiaries

Definitions For definition of “intelligence community” as used in this section, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.

§3374 Requirements with respect to duty to warn former senior officials and other United States persons

Summary

Title 50, §3374

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata