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Title 50 — War and National Defense

Chapter 44 — National Security

§ 3232. Counterintelligence initiatives

Statutory text

(a)

Inspection process

In order to protect intelligence sources and methods from unauthorized disclosure, the Director of National Intelligence shall establish and implement an inspection process for all agencies and departments of the United States that handle classified information relating to the national security of the United States intended to assure that those agencies and departments maintain effective operational security practices and programs directed against counterintelligence activities.

(b)

Annual review of dissemination lists

The Director of National Intelligence shall establish and implement a process for all elements of the intelligence community to review, on an annual basis, individuals included on distribution lists for access to classified information. Such process shall ensure that only individuals who have a particularized “need to know” (as determined by the Director) are continued on such distribution lists.

(c)

Completion of financial disclosure statements required for access to certain classified information

The Director of National Intelligence shall establish and implement a process by which each head of an element of the intelligence community directs that all employees of that element, in order to be granted access to classified information referred to in subsection (a) of section 1.3 of Executive Order No. 12968 (; 60 Fed. Reg. 40245; [former] 50 U.S.C. 435 note [now 50 U.S.C. 3161 note]), submit financial disclosure forms as required under subsection (b) of such section.

(d)

Arrangements to handle sensitive information

The Director of National Intelligence shall establish, for all elements of the intelligence community, programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees of those elements.

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. Intelligence Authorization Act for Fiscal Year 2004

    Pub. L. 108–177 title III § 341(a)(1) · 117 Stat. 2599

    Enacted · 50 U.S.C. § 3232

    July 26, 1947, ch. 343, title XI, § 1102, as added Pub. L. 108–177, title III, § 341(a)(1), Dec. 13, 2003, 117 Stat. 2615

    Source evidence

    Code source credit
    July 26, 1947, ch. 343, title XI, § 1102, as added Pub. L. 108–177, title III, § 341(a)(1), Dec. 13, 2003, 117 Stat. 2615

    Enacted provision · exact public law section
    (1) Title XI of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new section: “Sec. 1102. “counterintelligence initiatives (a) Inspection Process.— (1) In order to protect intelligence sources and methods from unauthorized disclosure, the Director of Central Intelligence shall establish and implement an inspection process for all agencies and departments of the United States that handle classified information relating to the national security of the United States intended to assure that those agencies and departments maintain effective operational security practices and programs directed against counterintelligence activities. “(2) The Director shall carry out the process through the Office of the National Counterintelligence Executive. “(b) Annual Review of Dissemination Lists.— (1) The Director of Central Intelligence shall establish and implement a process for all elements of the intelligence community to review, on an annual basis, individuals included on distribution lists for access to classified information. Such process shall ensure that only individuals who have a particularized ‘need to know’ (as determined by the Director) are continued on such distribution lists. “(2) Deadline. Certification. Not later than October 15 of each year, the Director shall certify to the congressional intelligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year. “(c) Completion of Financial Disclosure Statements Required for Access to Certain Classified Information.— (1) The Director of Central Intelligence shall establish and implement a process by which each head of an element of the intelligence community directs that all employees of that element, in order to be granted access to classified information referred to in subsection (a) of section 1.3 of Executive Order No. 12968 (August 2, 1995; 60 Fed. Reg. 40245; 50 U.S.C. 435 note), submit financial disclosure forms as required under subsection (b) of such section. “(2) The Director shall carry out paragraph (1) through the Office of the National Counterintelligence Executive. “(d) Arrangements To Handle Sensitive Information.— The Director of Central Intelligence shall establish, for all elements of the intelligence community, programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees of those elements.” .

  2. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(1)(NN) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3232(a)(1)

    Pub. L. 108–458, § 1071(a)(1)(NN), substituted “Director of National Intelligence” for “Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(NN), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

    Enacted provision · exact public law section
    (NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  3. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(1)(OO) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3232(b)(1)

    Pub. L. 108–458, § 1071(a)(1)(OO), substituted “Director of National Intelligence” for “Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–458, § 1071(a)(1)(OO), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

    Enacted provision · exact public law section
    (OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  4. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(1)(PP) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3232(c)(1)

    Pub. L. 108–458, § 1071(a)(1)(PP), substituted “Director of National Intelligence” for “Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–458, § 1071(a)(1)(PP), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

    Enacted provision · exact public law section
    (PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  5. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(a)(1)(QQ) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3232(d)

    Pub. L. 108–458, § 1071(a)(1)(QQ), substituted “Director of National Intelligence” for “Director of Central Intelligence”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–458, § 1071(a)(1)(QQ), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

    Enacted provision · exact public law section
    (QQ) Section 1102(d) (50 U.S.C. 442a(d)).

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  6. Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 409(1) · 124 Stat. 2654

    Struck · 50 U.S.C. § 3232(a)

    Pub. L. 111–259, § 409(1), struck out par. (1) designation before “In” and par. (2) which read as follows: “The Director shall carry out the process through the Office of the National Counterintelligence Executive.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–259, § 409(1), struck out par. (1) designation before “In” and par. (2) which read as follows: “The Director shall carry out the process through the Office of the National Counterintelligence Executive.”

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking paragraph (2); and (B) by striking “(1) In” and inserting “In”; and

  7. Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 347(e) · 124 Stat. 2654

    Struck · 50 U.S.C. § 3232(b)

    Pub. L. 111–259, § 347(e), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “Not later than October 15 of each year, the Director shall certify to the congressional intelligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–259, § 347(e), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “Not later than October 15 of each year, the Director shall certify to the congressional intelligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year.”

    Enacted provision · exact public law section
    (e) Annual Certification on Counterintelligence Initiatives.— Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 442a(b)) is amended— (1) by striking “(1)”; and (2) by striking paragraph (2).

  8. Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 409(2) · 124 Stat. 2654

    Struck · 50 U.S.C. § 3232(c)

    Pub. L. 111–259, § 409(2), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “The Director shall carry out paragraph (1) through the Office of the National Counterintelligence Executive.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–259, § 409(2), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “The Director shall carry out paragraph (1) through the Office of the National Counterintelligence Executive.”

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by striking paragraph (2); and (B) by striking “(1) The” and inserting “The”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 442a of this title prior to editorial reclassification and renumbering as this section.

Amendments2004–2010 · 2 rounds

2010

Subsec. (a). Pub. L. 111–259, § 409(1), struck out par. (1) designation before “In” and par. (2) which read as follows: “The Director shall carry out the process through the Office of the National Counterintelligence Executive.”

Subsec. (b). Pub. L. 111–259, § 347(e), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “Not later than October 15 of each year, the Director shall certify to the congressional intelligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year.”

Subsec. (c). Pub. L. 111–259, § 409(2), struck out par. (1) designation before “The Director” and par. (2) which read as follows: “The Director shall carry out paragraph (1) through the Office of the National Counterintelligence Executive.”

2004

Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(NN), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (b)(1). Pub. L. 108–458, § 1071(a)(1)(OO), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (c)(1). Pub. L. 108–458, § 1071(a)(1)(PP), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (d). Pub. L. 108–458, § 1071(a)(1)(QQ), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108–458 take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Pub. L. 108–458 effective not later than six months after , except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Credits

1947–2010 · 3 acts
  1. 1947July 26, 1947, ch. 343, title XI, § 1102, as added Pub. L. 108–177, title III, § 341(a)(1), , 117 Stat. 2615
  2. 2004amended Pub. L. 108–458, title I, § 1071(a)(1)(NN)–(QQ), , 118 Stat. 3689, 3690
  3. 2010Pub. L. 111–259, title III, § 347(e), title IV, § 409, , 124 Stat. 2699, 2724.
Show as published

(July 26, 1947, ch. 343, title XI, § 1102, as added Pub. L. 108–177, title III, § 341(a)(1), , 117 Stat. 2615; amended Pub. L. 108–458, title I, § 1071(a)(1)(NN)–(QQ), , 118 Stat. 3689, 3690; Pub. L. 111–259, title III, § 347(e), title IV, § 409, , 124 Stat. 2699, 2724.)

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