Us Code § 3367 - Requirement for efficient use by intelligence community of open-source intelligence
Full text of Us Code United States Code § 3367 — Requirement for efficient use by intelligence community of open-source intelligence, with citation guidance and answers to common questions.
§ 3367. Requirement for efficient use by intelligence community of open-source intelligence
The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information 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 section 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)
"(1) the production and dissemination of unclassified intelligence products derived entirely from open-source intelligence, including from unclassified publicly available information, unclassified commercially available information, or any other type of unclassified information; and
"(2) the needs and requirements of covered individuals who do not hold a security clearance or have access to the classified systems on which such unclassified intelligence products reside.
"(e)
"(1)
"(A) the congressional intelligence committees;
"(B) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
"(C) the Committee on Oversight and Accountability, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
"(2)
"(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)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 7321(d), (e) of Pub. L. 118–31, set out above, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.]
Assessing Intelligence Community Open-Source Support for Export Controls and Foreign Investment Screening
Pub. L. 117–263, div. F, title LXIII, §6311, Dec. 23, 2022, 136 Stat. 3508, provided that:
"(a)
"(1)
"(A) to the Department of Commerce to support the export control and investment screening functions of the Department; and
"(B) to the Department of Homeland Security to support the export control functions of the Department.
"(2)
"(A) shall establish a process for the provision of information as described in such paragraph; and
"(B) may—
"(i) acquire and prepare data, consistent with applicable provisions of law and Executive orders;
"(ii) modernize analytic systems, including through the acquisition, development, or application of automated tools; and
"(iii) establish standards and policies regarding the acquisition, treatment, and sharing of open source, publicly and commercially available information.
"(3)
"(b)
"(1)
"(A) the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
"(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
"(2)
"(A)
"(B)
"(i) A list, developed in consultation with the Secretary of Commerce and the Secretary of Homeland Security, of the activities of the Department of Commerce and the Department of Homeland Security that will be supported by the pilot program.
"(ii) A plan for measuring the effectiveness of the pilot program and the value of open source, publicly and commercially available information to the export control and investment screening missions.
"(3)
"(A)
"(B)
"(i) An assessment of the feasibility and advisability of providing information as described in subsection (a)(1).
"(ii) An assessment of the value of open source, publicly and commercially available information to the export control and investment screening missions, using the measures of effectiveness under paragraph (2)(B)(ii).
"(iii) Identification of opportunities for and barriers to more effective use of open source, publicly and commercially available information by the intelligence community."
[For definition of "intelligence community" as used in section 6311 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.]
About This Section
50 U.S.C. § 3367 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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