### §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) Intelligence Community Directive With Respect to Open-source Intelligence.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Director of National Intelligence shall update Intelligence Community Directive 208, Maximizing the Utility of Analytic Products (or any successor directive) to specifically address—

"(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) Definitions.—In this section:

"(1) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(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) Covered individual.—The term 'covered individual' means an employee of the Federal Government—

"(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) Covered open-source intelligence product.—The term 'covered open-source intelligence product' means an unclassified product derived from open-source intelligence that is produced by the intelligence community."

[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) Pilot Program to Assess Open Source Support for Export Controls and Foreign Investment Screening.—

"(1) Pilot program authorized.—The Director of National Intelligence shall designate an element of the intelligence community to carry out a pilot program to assess the feasibility and advisability of providing enhanced intelligence support, including intelligence derived from open source, publicly and commercially available information—

"(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) Authority.—In carrying out the pilot program required by paragraph (1), the element designated by the Director under such paragraph—

"(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) Duration.—The pilot program required by paragraph (1) shall be carried out during a 3-year period.

"(b) Plan and Report Required.—

"(1) Definition of appropriate committees of congress.—In this subsection, the term 'appropriate committees of Congress' means—

"(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) Plan.—

"(A) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], the Director shall, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, submit to the appropriate committees of Congress a plan to carry out the pilot program required by subsection (a)(1).

"(B) Contents.—The plan submitted under subparagraph (A) shall include the following:

"(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) Report.—

"(A) In general.—Not later than 540 days after the date on which the Director submits the plan under paragraph (2)(A), the Director shall submit to the appropriate committees of Congress a report on the findings of the Director with respect to the pilot program.

"(B) Contents.—The report submitted under subparagraph (A) shall include the following:

"(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.]