§3039 — Title 50 War and National Defense | U.S. Code

Summary

Intelligence agencies may, when a U.S. law enforcement agency asks, collect information abroad about people who are not United States persons. They can do this even if the law enforcement agency plans to use the information in a criminal or counterintelligence case. For the Defense Department, only four agencies may help: the National Security Agency, the National Reconnaissance Office, the National Geospatial-Intelligence Agency, and the Defense Intelligence Agency. Military members may not directly take part in arrests or similar actions. The Defense Department must not help if it would hurt military readiness. The Secretary of Defense must make rules for how this help is given, including protecting sources and methods. For this rule, a U.S. law enforcement agency is any federal agency the Attorney General names. A United States person means a U.S. citizen, a known U.S. permanent resident, an unincorporated group mostly of U.S. citizens or residents, or a U.S. corporation unless it is run by a foreign government.

Title 50, §3039

War and National Defense — Source: USLM XML via OLRC

(a)Subject to subsection (b), elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.

(b)(1)With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the following:

(A)The National Security Agency.

(B)The National Reconnaissance Office.

(C)The National Geospatial-Intelligence Agency.

(D)The Defense Intelligence Agency.

(2)Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.

(3)Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.

(4)The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.

(c)For purposes of subsection (a):

(1)The term “United States law enforcement agency” means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.

(2)The term “United States person” means the following:

(A)A United States citizen.

(B)An alien known by the intelligence agency concerned to be a permanent resident alien.

(C)An unincorporated association substantially composed of United States citizens or permanent resident aliens.

(D)A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

2003—Subsec. (b)(1)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

§3039 Assistance to United States Law Enforcement Agencies

Summary

Title 50, §3039

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata