50 U.S.C. § 3039 — Assistance to United States law enforce-

Page 629 TITLE 50—WAR AND NATIONAL DEFENSE § 3039 EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE INTELLIGENCE Pub. L. 109–163, div. A, title IX, § 931, Jan. 6, 2006, 119 Stat. 3411, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Open-source intelligence (OSINT) is intel- ligence that is produced from publicly available in- formation and is collected, exploited, and dissemi- nated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement. ‘‘(2) With the Information Revolution, the amount, significance, and accessibility of open-source infor- mation has expanded significantly, but the intel- ligence community has not expanded its exploitation efforts and systems to produce open-source intel- ligence. ‘‘(3) The production of open-source intelligence is a valuable intelligence discipline that must be inte- grated into intelligence tasking, collection, proc- essing, exploitation, and dissemination to ensure that United States policymakers are fully and completely informed. ‘‘(4) The dissemination and use of validated open- source intelligence inherently enables information sharing since open-source intelligence is produced without the use of sensitive sources and methods. Open-source intelligence products can be shared with the American public and foreign allies because of the unclassified nature of open-source intelligence. ‘‘(5) The National Commission on Terrorist Attacks Upon the United States (popularly referred to as the ‘9/11 Commission’), in its final report released on July 22, 2004, identified shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence. ‘‘(6) In the Intelligence Reform and Terrorism Pre- vention Act of 2004 (Public Law 108–458) [see Tables for classification], Congress calls for coordination of the collection, analysis, production, and dissemina- tion of open-source intelligence. ‘‘(7) The Commission on the Intelligence Capabili- ties of the United States Regarding Weapons of Mass Destruction, in its report to the President released on March 31, 2005, found that ‘the need for exploiting open-source material is greater now than ever be- fore,’ but that ‘the Intelligence Community’s open source programs have not expanded commensurate with either the increase in available information or with the growing importance of open source data to today’s problems’. ‘‘(b) DEPARTMENT OF DEFENSE STRATEGY FOR OPEN- SOURCE INTELLIGENCE.— ‘‘(1) DEVELOPMENT OF STRATEGY.—The Secretary of Defense shall develop a strategy for the purpose of in- tegrating open-source intelligence into the Defense intelligence process. The strategy shall be known as the ‘Defense Strategy for Open-Source Intelligence’. The strategy shall be incorporated within the larger Defense intelligence strategy. ‘‘(2) SUBMISSION.—The Secretary shall submit to Congress a report setting forth the strategy devel- oped under paragraph (1). The report shall be sub- mitted not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006]. ‘‘(c) MATTERS TO BE INCLUDED.—The strategy under subsection (b) shall include the following: ‘‘(1) A plan for providing funds over the period of the future-years defense program for the development of a robust open-source intelligence capability for the Department of Defense, with particular emphasis on exploitation and dissemination. ‘‘(2) A description of how management of the collec- tion of open-source intelligence is currently con- ducted within the Department of Defense and how that management can be improved. ‘‘(3) A description of the tools, systems, centers, or- ganizational entities, and procedures to be used with- in the Department of Defense to perform open-source intelligence tasking, collection, processing, exploi- tation, and dissemination. ‘‘(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of operational security. ‘‘(5) A detailed description on how open-source in- telligence will be fused with all other intelligence sources across the Department of Defense. ‘‘(6) A description of— ‘‘(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; and ‘‘(B) open-source intelligence guidance for De- partment of Defense intelligence personnel. ‘‘(7) A plan to incorporate the function of oversight of open-source intelligence— ‘‘(A) into the Office of the Undersecretary of De- fense for Intelligence; and ‘‘(B) into service intelligence organizations. ‘‘(8) A plan to incorporate and identify an open- source intelligence specialty into personnel systems of the Department of Defense, including military per- sonnel systems. ‘‘(9) A plan for the use of intelligence personnel of the reserve components to augment and support the open-source intelligence mission. ‘‘(10) A plan for the use of the Open-Source Informa- tion System for the purpose of exploitation and dis- semination of open-source intelligence.’’ ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EX- PERIMENTAL PERSONNEL PROGRAM FOR CERTAIN SCI- ENTIFIC AND TECHNICAL PERSONNEL Pub. L. 106–567, title V, § 501, Dec. 27, 2000, 114 Stat. 2850, as amended by Pub. L. 108–136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that: ‘‘If the Director of Central Intelligence requests that the Secretary of Defense exercise any authority available to the Secretary under [former] section 1101(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) to carry out a program of special personnel man- agement authority at the National Geospatial-Intel- ligence Agency and the National Security Agency in order to facilitate recruitment of eminent experts in science and engineering at such agencies, the Secretary shall respond to such request not later than 30 days after the date of such request.’’ [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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.] § 3039. Assistance to United States law enforce- ment agencies (a) Authority to provide assistance Subject to subsection (b), elements of the in- telligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about in- dividuals who are not United States persons. Page 630 TITLE 50—WAR AND NATIONAL DEFENSE § 3040 Such elements may collect such information notwithstanding that the law enforcement agen- cy intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation. (b) Limitation on assistance by elements of De- partment of Defense (1) With respect to elements within the De- partment of Defense, the authority in sub- section (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 De- fense if the provision of such assistance will ad- versely 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 Depart- ment of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority. (c) Definitions For purposes of subsection (a): (1) The term ‘‘United States law enforce- ment agency’’ means any department or agen- cy of the Federal Government that the Attor- ney 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 resi- dent alien. (C) An unincorporated association substan- tially composed of United States citizens or permanent resident aliens. (D) A corporation incorporated in the United States, except for a corporation di- rected and controlled by a foreign govern- ment or governments. (July 26, 1947, ch. 343, title I, § 105A, as added Pub. L. 104–293, title VIII, § 814(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L. 108–136, div. A, title IX, § 921(e)(3), Nov. 24, 2003, 117 Stat. 1569.) Editorial Notes CODIFICATION Section was formerly classified to section 403–5a of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2003—Subsec. (b)(1)(C). Pub. L. 108–136 substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na- tional Imagery and Mapping Agency’’. § 3040. Disclosure of foreign intelligence ac- quired in criminal investigations; notice of criminal investigations of foreign intel- ligence sources (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 enforce- ment responsibilities, shall expeditiously dis- close to the Director of National Intelligence, pursuant to guidelines developed by the Attor- ney 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 Gen- eral determines that disclosure of such foreign intelligence under that paragraph would jeop- ardize an ongoing law enforcement investigation or impair other significant law enforcement in- terests. (b) Procedures for notice of criminal investiga- tions 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 re- port from an element of the intelligence com- munity of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal ac- tivity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to com- mence, a criminal investigation of such activity. (c) Procedures The Attorney General shall develop proce- dures for the administration of this section, in- cluding the disclosure of foreign intelligence by elements of the Department of Justice, and ele- ments 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). (July 26, 1947, ch. 343, title I, § 105B, as added Pub. L. 107–56, title IX, § 905(a)(2), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 108–458, title I, § 1071(a)(1)(G), (H), (2)(B), (C), Dec. 17, 2004, 118 Stat. 3689, 3690.) Editorial Notes CODIFICATION Section was formerly classified to section 403–5b of this title prior to editorial reclassification and renum- bering 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 oper- ational files of the National Imagery and Mapping