Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation   [open pdf - 158KB]

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56, 115 Stat. 272, 389, enacted into law certain requirements for the sharing of information by Federal law enforcement agencies with the intelligence community. Specifically, section 905(a) of the USA PATRIOT Act provides that "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 Central 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." These guidelines apply to all elements of the Department of Justice having criminal investigative or prosecutorial responsibilities and to all other departments and agencies of the Federal government having law enforcement responsibilities (hereinafter, collectively, "Federal Law Enforcement Agencies"). These guidelines do not apply to agencies that provide support to criminal investigations, but that do not themselves conduct criminal investigations (e, the Department of Treasury's Office of Foreign Assets Control and Financial Crimes Enforcement Network).

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