50 U.S.C. § 3040: Disclosure of foreign…

Summary

Federal law requires the Attorney General and other federal law enforcement leaders to quickly tell the Director of National Intelligence when their agencies pick up foreign intelligence during a criminal probe. The Attorney General must make rules with the Director about how to do this. The Attorney General can create exceptions by rule if sharing the information would harm an ongoing law enforcement investigation. Within 180 days after October 26, 2001, the Attorney General, working with the Director of National Intelligence, must make guidelines so that when the intelligence community reports possible criminal activity by a foreign intelligence source, the Attorney General tells the Director, in a reasonable time, whether a criminal investigation will start or not. The Attorney General must also create procedures to run all of these rules.

Title 50, §3040

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(a)Disclosure of foreign intelligence

(1)Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.

(2)The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.

(b)Procedures for notice of criminal investigations

Not later than 180 days after October 26, 2001, the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.

(c)Procedures

The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).

Notes & Related Subsidiaries

Editorial Notes

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

Prior Provisions

A prior section 105B of act July 26, 1947, ch. 343, title I, as added Pub. L. 106–120, title V, § 501(a)(1), Dec. 3, 1999, 113 Stat. 1616, which related to protection of operational files of the National Imagery and Mapping Agency, was renumbered by subsequent acts and transferred. See section 3142 of this title.

Amendments

2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(G), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (a)(2). Pub. L. 108–458, § 1071(a)(2)(B), struck out “of Central Intelligence” after “Director”. Subsec. (b). Pub. L. 108–458, § 1071(a)(2)(C), struck out “of Central Intelligence” after “notice to the Director”. Pub. L. 108–458, § 1071(a)(1)(H), substituted “with the Director of National Intelligence” for “with the Director of Central Intelligence”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an

Effective Date

of 2004 Amendment; Transition Provisions note under section 3001 of this title.

§3040 Disclosure of Foreign Intelligence Acquired in Criminal Investigations; Notice of Criminal Investigations of Foreign Intelligence Sources

Summary

Title 50, §3040

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata