50 U.S.C. § 3374: Requirements with respect to…

Summary

Requires intelligence agencies to quickly warn any United States person inside the United States if they learn of a planned lethal attack, especially threats from foreign governments like the Islamic Republic of Iran against former senior U.S. officials. The rule applies when the agency follows procedures under Intelligence Community Directive 191 and, when needed, talks with the Federal Bureau of Investigation first. When a warning is given, the agency head must immediately tell the FBI Director and anyone protecting the threatened person. Notice to a protector can be sent in any fast, appropriate way, including through the FBI Director. The FBI must keep records of each warning it receives. Nothing in this rule reduces existing warning duties. The term “United States person” is defined in section 3039.

Title 50, §3374

War and National Defense, Source: USLM XML via OLRC

(a)Sense of Congress

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)Notice of warning

(1)Notice required

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)Process for notification

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)Federal Bureau of Investigation records of warnings

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)Rule of construction

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)United States person defined

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