§ 3039. Assistance to United States law enforcement agencies

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Intelligence Renewal and Reform Act of 1996

   Pub. L. 104–293 title VIII § 814(a) · 110 Stat. 3461

   Enacted · 50 U.S.C. § 3039

   July 26, 1947, ch. 343, title I, § 105A, as added Pub. L. 104–293, title VIII, § 814(a), Oct. 11, 1996, 110 Stat. 3483

   Source evidence

   Code source credit
   July 26, 1947, ch. 343, title I, § 105A, as added Pub. L. 104–293, title VIII, § 814(a), Oct. 11, 1996, 110 Stat. 3483

   Enacted provision · exact public law section
   (a) In General.— Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 105 the following new section: “Sec. 105A. (a) Authority To Provide Assistance.— Subject 50 USC 403–5a. to subsection (b), elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation. “(b) Limitation on Assistance by Elements of Department of Defense.— (1) With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the following: “(A) The National Security Agency. “(B) The National Reconnaissance Office. “(C) The National Imagery and Mapping 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 Manne Corps in an arrest or similar activity. “(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely 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 Department 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 enforcement agency’ means any department or agency of the Federal Government that the Attorney 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 resident alien. “(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens. “(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 921(e)(3) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3039(b)(1)(C)

   Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

   Enacted provision · exact public law section
   (3) Section 105A (50 U.S.C. 403–5a) is amended by striking “National Imagery and Mapping Agency” in subsection (b)(1)(C) and inserting “National Geospatial-Intelligence Agency”.

2 of 2 references resolved to an enrolled provision