50 U.S.C. § 403-5b : US Code - Section 403-5B: Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources
Search 50 U.S.C. § 403-5b : US Code - Section 403-5B: Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence 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 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) of this section and the provision of notice with
respect to criminal investigations under subsection (b) of this
section.
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