republic-os/legal/us/code/title-50/chapter-44/section-3040.md

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LegalText	50 U.S.C. § 3040	Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	44	NATIONAL SECURITY	3040	50 U.S.C. § 3040	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s3040	data/legal/raw/us/code/title-50/usc50.xml	1ef1c75d224517050072be20590e7414b743cd2e35c556044c74765a3c3c0448	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	46818ffc3d82298b68b60b53a083680ad8860afb061c9bb80caac7d1ac0f49de	2026-07-04	official	legal us-code

50 U.S.C. § 3040 - Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources

Text

(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).

(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.)

Notes

Editorial Notes

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

Prior ProvisionsA 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.

Amendments2004—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.