Sec. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION
1,564 words·~7 min read·
/statute-compilations/comps-1507/sec-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 203 AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE INFORMATION **[**[50 U.S.C. App.](/us/usc/t50/app)**]** ###
(a)Authority To Share Grand Jury Information ####
(1)In general Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended to read as follows: > > ##### “(C) > > > ######
(i)> > Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made— > > > ###### “(I) > > when so directed by a court preliminarily to or in connection with a judicial proceeding; > > > ###### “(II) > > when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; > > > ###### “(III) > > when the disclosure is made by an attorney for the government to another Federal grand jury; > > > ###### “(IV) > > when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such law; or > > > ###### “(V) > > when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause
(iv)of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. > > > ###### “(ii) > > If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct. > > > ###### “(iii) > > Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made. > > > ###### “(iv) > > In clause (i)(V) of this subparagraph, the term ‘**foreign intelligence information**’ means— > > > ###### “(I) > > information, whether or not concerning a United States person, that relates to the ability of the United States to protect against— > > > ###### “(aa) > > actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; > > > ###### “(bb) > > sabotage or international terrorism by a foreign power or an agent of a foreign power; or > > > ###### “(cc) > > clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or > > > ###### “(II) > > information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to— > > > ###### “(aa) > > the national defense or the security of the United States; or > > > ###### “(bb) > > the conduct of the foreign affairs of the United States.” > . ####
(2)Conforming amendment Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is amended by striking “(e)(3)(C)(i)” and inserting “(e)(3)(C)(i)(I)”. ###
(b)Authority To Share Electronic, Wire, and Oral Interception Information ####
(1)Law enforcement Section 2517 of title 18, United States Code, is amended by inserting at the end the following: > > #### “(6) > > Any investigative or law enforcement officer, or attorney for the Government, who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official to the extent that such contents include foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in subsection
(19)of section 2510 of this title), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.” > . ####
(2)Definition Section 2510 of title 18, United States Code, is amended by— #####
(A)in paragraph (17), by striking “and” after the semicolon; #####
(B)in paragraph (18), by striking the period and inserting “; and”; and #####
(C)by inserting at the end the following: > > #### “(19) > > ‘**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 foreign power or by an agent of a foreign power; or > > > ##### “(B) > > information, whether or not concerning a United States person, with respect to a foreign 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.” > . ###
(c)Procedures The Attorney General shall establish procedures for the disclosure of information pursuant to paragraphs
(6)and
(8)of section 2517 of title 18, United States Code, and Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure that identifies a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)). ###
(d)Foreign Intelligence Information **[**[50 U.S.C. 3365](/us/usc/t50/s3365)**]** ####
(1)In general Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Consistent 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 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 network 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 government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue. ####
(2)Definition In this subsection, 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 foreign power or by an agent of a foreign power; or #####
(B)information, whether or not concerning a United States person, with respect to a foreign 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.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources