50 U.S.C. § 3365 — Foreign intelligence information

Page 847 TITLE 50—WAR AND NATIONAL DEFENSE § 3365 ‘‘(1) ANNUAL REPORT.—In conjunction with each briefing provided under section 1019(c) of the Intel- ligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the Director shall submit to the congressional intelligence committees, the Com- mittee on Appropriations of the Senate, and the Com- mittee on Appropriations of the House of Representa- tives a report on the number and themes of compli- ance incidents reported to intelligence community analytic ombudspersons relating to the standards set forth in Intelligence Community Directive 203 (relat- ing to analytic standards), or successor directive. ‘‘(2) REPORT ON PERFORMANCE EVALUATION.—Not later than 90 days after the date of the enactment of this Act, the head of analysis at each element of the intelligence community that conducts all-source analysis shall submit to the congressional intel- ligence committees, the Committee on Appropria- tions of the Senate, and the Committee on Appropria- tions of the House of Representatives a report de- scribing how compliance with the standards set forth in Intelligence Community Directive 203 (relating to analytic standards), or successor directive, is consid- ered in the performance evaluations and consider- ation for merit pay, bonuses, promotions, and any other personnel actions for analysts within the ele- ment. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit the Director from pro- viding training described in this section as a service of common concern. ‘‘(f) SUNSET.—This section shall cease to be effective on the date that is 5 years after the date of the enact- ment of this Act [Dec. 23, 2022].’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 6312 of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.] SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS Pub. L. 108–458, title I, § 1020, Dec. 17, 2004, 118 Stat. 3672, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108–458, see Effective Date of 2004 Amendment; Transition Provisions note set out under section 3001 of this title], the Director of Na- tional Intelligence shall identify an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct arbitration, offer recommendations, and, as appro- priate, initiate inquiries into real or perceived prob- lems of analytic tradecraft or politicization, biased re- porting, or lack of objectivity in intelligence analysis. ‘‘(b) REPORT.—Not later than 270 days after the effec- tive date of this Act, the Director of National Intel- ligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representa- tives on the implementation of subsection (a).’’ § 3365. Foreign intelligence information (1) In general Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or coun- terintelligence (as defined in section 3003 of this title) or foreign intelligence information ob- tained as part of a criminal investigation to be disclosed to any Federal law enforcement, intel- ligence, protective, immigration, national de- fense, or national security official in order to as- sist the official receiving that information in the performance of his official duties. Any Fed- eral official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s offi- cial duties subject to any limitations on the un- authorized disclosure of such information. Con- sistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be lawful for information revealing a threat of actual or po- tential attack or other grave hostile acts of a foreign power or an agent of a foreign power, do- mestic or international sabotage, domestic or international terrorism, or clandestine intel- ligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a crimi- nal investigation to be disclosed to any appro- priate Federal, State, local, or foreign govern- ment official for the purpose of preventing or re- sponding to such a threat. Any official who re- ceives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties sub- ject to any limitations on the unauthorized dis- closure of such information, and any State, local, or foreign official who receives informa- tion pursuant to this provision may use that in- formation only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue. (2) Definition In this section, the term ‘‘foreign intelligence information’’ means— (A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against— (i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or (iii) clandestine intelligence activities by an intelligence service or network of a for- eign power or by an agent of a foreign power; or (B) information, whether or not concerning a United States person, with respect to a for- eign power or foreign territory that relates to— (i) the national defense or the security of the United States; or (ii) the conduct of the foreign affairs of the United States. (Pub. L. 107–56, title II, § 203(d), Oct. 26, 2001, 115 Stat. 281; Pub. L. 107–296, title VIII, § 897(a), Nov. 25, 2002, 116 Stat. 2257; Pub. L. 117–347, title III, § 323(a)(1)(A), Jan. 5, 2023, 136 Stat. 6206.) Editorial Notes CODIFICATION Section was formerly classified to section 403–5d of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2023—Par. (1). Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 897(a). See 2002 Amendment note below. Page 848 TITLE 50—WAR AND NATIONAL DEFENSE § 3366 2002—Par. (1). Pub. L. 107–296, 897(a), which inserted at end ‘‘Consistent with the responsibility of the Direc- tor of Central Intelligence to protect intelligence sources and methods, and the responsibility of the At- torney General to protect sensitive law enforcement in- formation, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or net- work of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign gov- ernment official for the purpose of preventing or re- sponding to such a threat. Any official who receives in- formation pursuant to this provision may use that in- formation only as necessary in the conduct of that per- son’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives informa- tion pursuant to this provision may use that informa- tion only consistent with such guidelines as the Attor- ney General and Director of Central Intelligence shall jointly issue.’’, was repealed by Pub. L. 117–347, § 323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see Construction of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. § 3366. Authorities of heads of other departments and agencies Notwithstanding any other provision of law, the head of any department or agency of the United States is authorized to receive and uti- lize funds made available to the department or agency by the Director of National Intelligence pursuant to section 3024(d)(2) of this title, as amended by subsection (a), and receive and uti- lize any system referred to in such section that is made available to such department or agency. (Pub. L. 111–259, title IV, § 402(b), Oct. 7, 2010, 124 Stat. 2709.) Editorial Notes REFERENCES IN TEXT Subsection (a), referred to in text, is subsec. (a) of section 402 of Pub. L. 111–259, title IV, Oct. 7, 2010, 124 Stat. 2708, which amended section 403–1 of this title prior to editorial reclassification and renumbering as section 3024 of this title. CODIFICATION Section was formerly classified as a note under sec- tion 403–1 of this title prior to editorial reclassification as this section. § 3367. Requirement for efficient use by intel- ligence community of open-source intel- ligence The Director of National Intelligence shall en- sure that the intelligence community makes ef- ficient and effective use of open-source informa- tion and analysis. (Pub. L. 108–458, title I, § 1052(b), Dec. 17, 2004, 118 Stat. 3683.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 403–1 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries INTELLIGENCE COMMUNITY DIRECTIVE WITH RESPECT TO OPEN-SOURCE INTELLIGENCE Pub. L. 118–31, div. G, title III, § 7321(d), (e), Dec. 22, 2023, 137 Stat. 1038, provided that: ‘‘(d) INTELLIGENCE COMMUNITY DIRECTIVE WITH RE- SPECT TO OPEN-SOURCE INTELLIGENCE.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of National Intelligence shall update Intelligence Community Directive 208, Maximizing the Utility of Analytic Products (or any successor directive) to specifically address— ‘‘(1) the production and dissemination of unclassi- fied intelligence products derived entirely from open- source intelligence, including from unclassified pub- licly available information, unclassified commer- cially available information, or any other type of un- classified information; and ‘‘(2) the needs and requirements of covered individ- uals who do not hold a security clearance or have ac- cess to the classified systems on which such unclassi- fied intelligence products reside. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means— ‘‘(A) the congressional intelligence committees; ‘‘(B) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judi- ciary, and the Committee on Appropriations of the Senate; and ‘‘(C) the Committee on Oversight and Account- ability, the Committee on the Judiciary, and the Committee on Appropriations of the House of Rep- resentatives. ‘‘(2) COVERED INDIVIDUAL.—The term ‘covered indi- vidual’ means an employee of the Federal Govern- ment— ‘‘(A) who is not an employee or contractor of an element of the intelligence community; and ‘‘(B) who would derive value from a covered open- source intelligence product. ‘‘(3) COVERED OPEN-SOURCE INTELLIGENCE PRODUCT.— The term ‘covered open-source intelligence product’ means an unclassified product derived from open- source intelligence that is produced by the intel- ligence community.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 7321(d), (e) of Pub. L. 118–31, set out above, see sec-