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Title 50 — War and National Defense

Chapter 45 — Miscellaneous Intelligence Community Authorities

§ 3381. Coordination of counterintelligence activities

Statutory text

(a)

Establishment of Counterintelligence Policy Board

There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the “Board”). The Board shall report to the President through the National Security Council.

(b)

Chairperson

The Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382) shall serve as the chairperson of the Board.

(c)

Membership

The membership of the National Counterintelligence Policy Board shall consist of the following:

(1)

The Director of the National Counterintelligence and Security Center.

(2)

Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows:

(A)

The Department of Justice, including the Federal Bureau of Investigation.

(B)

The Department of Defense, including the Joint Chiefs of Staff.

(C)

The Department of State.

(D)

The Department of Energy.

(E)

The Central Intelligence Agency.

(F)

Any other department, agency, or element of the United States Government specified by the President.

(d)

Functions and discharge of functions

(1)

The Board shall—

(A)

serve as the principal mechanism for—

(i)

developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and

(ii)

upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and

(B)

act as an interagency working group to—

(i)

ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and

(ii)

provide advice to the Director of the National Counterintelligence and Security Center on priorities in the implementation of the National Counterintelligence Strategy produced pursuant to section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2)).

(2)

The Board may, for purposes of carrying out its functions under this section, establish such interagency boards and working groups as the Board considers appropriate.

(e)

Coordination of counterintelligence matters with Federal Bureau of Investigation

(1)

Except as provided in paragraph (5), the head of each department or agency within the executive branch shall ensure that—

(A)

the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which indicates that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power;

(B)

following a report made pursuant to subparagraph (A), the Federal Bureau of Investigation is consulted with respect to all subsequent actions which may be undertaken by the department or agency concerned to determine the source of such loss or compromise; and

(C)

where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation undertakes investigative activities to determine the source of the loss or compromise, the Federal Bureau of Investigation is given complete and timely access to the employees and records of the department or agency concerned for purposes of such investigative activities.

(2)

Except as provided in paragraph (5), the Director of the Federal Bureau of Investigation shall ensure that espionage information obtained by the Federal Bureau of Investigation pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through appropriate channels in a timely manner to the department or agency concerned, and that such departments or agencies are consulted in a timely manner with respect to espionage investigations undertaken by the Federal Bureau of Investigation which involve the personnel, operations, or information of such department or agency.

(3)
(A)

The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation.

(B)

The head of the department or agency concerned shall—

(i)

use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and

(ii)

notify in writing the Director of the Federal Bureau of Investigation of such determination.

(C)

The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes.

(4)
(A)

The Federal Bureau of Investigation shall notify appropriate officials within the executive branch, including the head of the department or agency concerned, of the commencement of a full field espionage investigation with respect to an employee within the executive branch.

(B)

A department or agency may not conduct a polygraph examination, interrogate, or otherwise take any action that is likely to alert an employee covered by a notice under subparagraph (A) of an investigation described in that subparagraph without prior coordination and consultation with the Federal Bureau of Investigation.

(5)

Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of paragraph (1), (2), or (3), as they apply to the head of a particular department or agency, or the Director of the Federal Bureau of Investigation. Such waiver shall be in writing and shall fully state the justification for such waiver. Within thirty days, the President shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that such waiver has been issued, and at that time or as soon as national security considerations permit, provide these committees with a complete explanation of the circumstances which necessitated such waiver.

(6)

Nothing in this section may be construed to alter the existing jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice, nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those required by existing law and executive branch policy.

(7)

As used in this section, the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title.

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. Counterintelligence and Security Enhancements Act of 1994

    Pub. L. 103–359 title VIII § 811 · 108 Stat. 3423

    Enacted · 50 U.S.C. § 3381

    Pub. L. 103–359, title VIII, § 811, Oct. 14, 1994, 108 Stat. 3455

    Source evidence

    Code source credit
    Pub. L. 103–359, title VIII, § 811, Oct. 14, 1994, 108 Stat. 3455

    Enacted provision · exact public law section
    SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES. (a) Establishment of Counterintelligence Policy Board.— There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the “Board”). The Board shall report to the President through the National Security Council. (b) Function of the Board.— The Board shall serve as the principal mechanism for— (1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and (2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities. (c) Coordination of Counterintelligence Matters With the Federal Bureau of Investigation.— (1) Except as provided in paragraph (3), the head of each department or agency within the executive branch shall ensure that— (A) the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which indicates that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power; (B) following a report made pursuant to subparagraph (A), the Federal Bureau of Investigation is consulted with respect to all subsequent actions which may be undertaken by the department or agency concerned to determine the source of such loss or compromise; and (C) where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation undertakes investigative activities to determine the source of the loss or compromise, the Federal Bureau of Investigation is given complete and timely access to the employees and records of the department or agency concerned for purposes of such investigative activities. (2) Except as provided in paragraph (3), the Director of the Federal Bureau of Investigation shall ensure that espionage information obtained by the Federal Bureau of Investigation pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through appropriate channels to the department or agency concerned, and that such departments or agencies are consulted with respect to espionage investigations undertaken by the Federal Bureau of Investigation which involve the personnel, operations, or information of such department or agency after a report has been provided pursuant to paragraph (1)(A). (3) Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of paragraph (1) or (2), as they apply to the head of a particular department or agency, or the Director of the Federal Bureau of Investigation. Such waiver shall be in writing and shall fully state President. the justification for such waiver. Within thirty days, the President shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that such waiver has been issued, and at that time or as soon as national security considerations permit, provide these committees with a complete explanation of the circumstances which necessitated such waiver. (4) The Director of the Federal Bureau of Investigation shall, in consultation with the Director of Central Intelligence and the Secretary of Defense, report annually, beginning on February 1, 1995, and continuing each year thereafter, to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compliance with paragraphs (1) and (2) during the previous calendar year. (5) Nothing in this section may be construed to alter the existing jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice, nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those required by existing law and executive branch policy. (6) As used in this section, the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in sections 101 (a) and (b), respectively, of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

  2. Intelligence Authorization Act for Fiscal Year 2000

    Pub. L. 106–120 title VI § 602 · 113 Stat. 1606

    Struck · 50 U.S.C. § 3381(c)(2)

    Pub. L. 106–120 struck out “after a report has been provided pursuant to paragraph (1)(A)” before period at end

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 106–120 struck out “after a report has been provided pursuant to paragraph (1)(A)” before period at end.

    Enacted provision · exact public law section
    SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS TO OTHER EXECUTIVE AGENCIES ON RESULTS OF COUNTERINTELLIGENCE ACTIVITIES. Section 811(c)(2) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359; 108 Stat. 3455; 50 U.S.C. 402a(c)(2)) is amended by striking “after a report has been provided pursuant to paragraph (1)(A)”.

  3. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a)(1) · 114 Stat. 2831

    Substituted · 50 U.S.C. § 3381(c)(1)

    Pub. L. 106–567, § 605(a)(1), substituted “paragraph (5)” for “paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 106–567, § 605(a)(1), substituted “paragraph (5)” for “paragraph (3)”.

    Enacted provision · exact public law section
    (1) in paragraphs (1) and (2), by striking “paragraph (3)” and inserting “paragraph (5)”;

  4. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a)(1) · 114 Stat. 2831

    1. Substituted · 50 U.S.C. § 3381(c)(2)

      Pub. L. 106–567, § 605(a)(1), (b), substituted “paragraph (5)” for “paragraph (3)”

    2. Inserted · 50 U.S.C. § 3381(c)(2)

      Pub. L. 106–567, § 605(a)(1), (b), inserted “in a timely manner” after “through appropriate channels” and “are consulted”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 106–567, § 605(a)(1), (b), substituted “paragraph (5)” for “paragraph (3)” and inserted “in a timely manner” after “through appropriate channels” and “are consulted”.

    Enacted provision · exact public law section
    (1) in paragraphs (1) and (2), by striking “paragraph (3)” and inserting “paragraph (5)”;

  5. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a)(3) · 114 Stat. 2831

    Redesignated · 50 U.S.C. § 3381(c)(3)

    Pub. L. 106–567, § 605(a)(3), added par. (3). Former par. (3) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 106–567, § 605(a)(3), added par. (3). Former par. (3) redesignated (5).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (2) the following new paragraph (3): “(3) (A) The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation. “(B) The head of the department or agency concerned shall— “(i) use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and “(ii) Notification. notify in writing the Director of the Federal Bureau of Investigation of such determination. “(C) The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes. ” ; and

  6. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a) · 114 Stat. 2831

    Redesignated · 50 U.S.C. § 3381(c)(4)

    Pub. L. 106–567, § 605(a), (c), added par. (4). Former par. (4) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 106–567, § 605(a), (c), added par. (4). Former par. (4) redesignated (6).

    Enacted provision · exact public law section
    (a) Treatment of Certain Subjects of Investigation.— Subsection (c) of section 811 of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a) is amended— (1) in paragraphs (1) and (2), by striking “paragraph (3)” and inserting “paragraph (5)”; (2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (5), (6), (7), and (8), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): “(3) (A) The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation. “(B) The head of the department or agency concerned shall— “(i) use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and “(ii) Notification. notify in writing the Director of the Federal Bureau of Investigation of such determination. “(C) The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes. ” ; and (4) in paragraph (5), as so redesignated, by striking “paragraph (1) or (2)” and inserting “paragraph (1), (2), or (3)”.

  7. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a)(2) · 114 Stat. 2831

    1. Redesignated · 50 U.S.C. § 3381(c)(5)

      Pub. L. 106–567, § 605(a)(2), (4), redesignated par. (3) as (5)

    2. Redesignated · 50 U.S.C. § 3381(c)(5)

      Pub. L. 106–567, § 605(a)(2), (4), substituted “paragraph (1), (2), or (3)” for “paragraph (1) or (2)”. Former par. (5) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 106–567, § 605(a)(2), (4), redesignated par. (3) as (5) and substituted “paragraph (1), (2), or (3)” for “paragraph (1) or (2)”. Former par. (5) redesignated (7).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (5), (6), (7), and (8), respectively;

  8. Counterintelligence Reform Act of 2000

    Pub. L. 106–567 § 605(a)(2) · 114 Stat. 2831

    Redesignated · 50 U.S.C. § 3381(c)(6)(8)

    Pub. L. 106–567, § 605(a)(2), redesignated pars. (4) to (6) as (6) to (8), respectively

    Source evidence

    Code amendment note
    Subsec. (c)(6) to (8). Pub. L. 106–567, § 605(a)(2), redesignated pars. (4) to (6) as (6) to (8), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (5), (6), (7), and (8), respectively;

  9. Pub. L. 107–306 § 903(a)(1) · 116 Stat. 2383

    1. Added · 50 U.S.C. § 3381(b)

      Pub. L. 107–306, § 903(a)(1), (3), added subsec. (b)

    2. Struck · 50 U.S.C. § 3381(b)

      Pub. L. 107–306, § 903(a)(1), (3), struck out heading and text of former subsec. (b). Text read as follows: “The Board shall serve as the principal mechanism for—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–306, § 903(a)(1), (3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The Board shall serve as the principal mechanism for—

    “(1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and “(2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities.”

    Enacted provision · exact public law section
    (1) by striking subsection (b);

  10. Pub. L. 107–306 § 903(b) · 116 Stat. 2383

    Redesignated · 50 U.S.C. § 3381(c)

    Pub. L. 107–306, § 903(b), added subsec. (c). Former subsec. (c) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–306, § 903(b), added subsec. (c). Former subsec. (c) redesignated (e).

    Enacted provision · exact public law section
    (b) Membership.— That section is further amended by inserting after subsection (b), as amended by subsection (a)(3) of this section, the following new subsection (c): “(c) Membership.— The membership of the National Counterintelligence Policy Board shall consist of the following: “(1) The National Counterintelligence Executive. “(2) Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows: “(A) The Department of Justice, including the Federal Bureau of Investigation. “(B) The Department of Defense, including the Joint Chiefs of Staff. “(C) The Department of State. “(D) The Department of Energy. “(E) The Central Intelligence Agency. “(F) Any other department, agency, or element of the United States Government specified by the President.”.

  11. Pub. L. 107–306 § 811(b)(5)(B) · 116 Stat. 2383

    Amended · 50 U.S.C. § 3381(c)(6)

    Pub. L. 107–306, § 811(b)(5)(B), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The Director of the Federal Bureau of Investigation shall, in consultation with the Director of Central Intelligence and the Secretary of Defense, report annually, beginning on February 1, 1995, and continuing each year thereafter, to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compliance with paragraphs (1) and (2) during the previous calendar year.”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 107–306, § 811(b)(5)(B), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The Director of the Federal Bureau of Investigation shall, in consultation with the Director of Central Intelligence and the Secretary of Defense, report annually, beginning on February 1, 1995, and continuing each year thereafter, to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compliance with paragraphs (1) and (2) during the previous calendar year.”

    Enacted provision · exact public law section
    (B) Paragraph (6) of section 811(c) of that Act (50 U.S.C. 402a(c)) is amended to read as follows: “(6) (A) Deadline. Reports. Not later each year than the date provided in section 507 of the National Security Act of 1947, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a)) a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. “(B) Deadline. Reports. Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. “(C) The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense.”.

  12. Pub. L. 107–306 § 903(c) · 116 Stat. 2383

    Added · 50 U.S.C. § 3381(d)

    Pub. L. 107–306, § 903(c), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–306, § 903(c), added subsec. (d).

    Enacted provision · exact public law section
    (c) Functions and Discharge of Functions.— That section is further amended by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection: (1) The Board shall— “(A) serve as the principal mechanism for— “(i) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and “(ii) upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and “(B) act as an interagency working group to— “(i) ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and “(ii) provide advice to the National Counterintelligence Executive on priorities in the implementation of the National Counterintelligence Strategy produced by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act. “(2) The Board may, for purposes of carrying out its functions under this section, establish such interagency boards and working groups as the Board considers appropriate.”.

  13. Pub. L. 107–306 § 903(a)(2) · 116 Stat. 2383

    Redesignated · 50 U.S.C. § 3381(e)

    Pub. L. 107–306, § 903(a)(2), redesignated subsec. (c) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–306, § 903(a)(2), redesignated subsec. (c) as (e).

    Enacted provision · exact public law section
    (2) by redesignating subsection (c) as subsection (e); and

  14. Intelligence Authorization Act for Fiscal Year 2004

    Pub. L. 108–177 title III § 361(g) · 117 Stat. 2599

    1. Redesignated · 50 U.S.C. § 3381(e)

      Pub. L. 108–177, which directed the amendment of subsec. (c) by redesignating pars. (7) and (8) as (6) and (7), respectively

    2. Redesignated · 50 U.S.C. § 3381(e)

      Pub. L. 108–177, which directed the amendment of subsec. (c) by striking out former par. (6), was executed by making the amendment to subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (e) by Pub. L. 107–306, § 903(a)(2), see below. Prior to amendment, par. (6) read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–177, which directed the amendment of subsec. (c) by redesignating pars. (7) and (8) as (6) and (7), respectively, and striking out former par. (6), was executed by making the amendment to subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (e) by Pub. L. 107–306, § 903(a)(2), see below. Prior to amendment, par. (6) read as follows:

    “(6)(A) Not later each year than the date provided in section 415b of this title, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 401a of this title) a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. “(B) Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. “(C) The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense.”

    Enacted provision · exact public law section
    (g) Annual Report on Coordination of Counterintelligence Matters With FBI.— Section 811(c) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359; 50 U.S.C. 402a(c)) is amended— (1) by striking paragraph (6); and (2) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively.

  15. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 title I § 1071(g)(1) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3381(c)(6)(C)

    Pub. L. 108–458, which directed amendment of subsec. (c)(6)(C) by substituting “Director of National Intelligence” for “Director of Central Intelligence”, could not be executed because of the amendments by Pub. L. 107–306, § 903(a)(2), and Pub. L. 108–177. See 2002 and 2003 Amendment notes below

    Source evidence

    Code amendment note
    Subsec. (c)(6)(C). Pub. L. 108–458, which directed amendment of subsec. (c)(6)(C) by substituting “Director of National Intelligence” for “Director of Central Intelligence”, could not be executed because of the amendments by Pub. L. 107–306, § 903(a)(2), and Pub. L. 108–177. See 2002 and 2003 Amendment notes below.

    Enacted provision · exact public law section
    (1) Public law 103–359.— Section 811(c)(6)(C) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359) 50 USC 402a. is amended by striking “Director of Central Intelligence” and inserting “Director of National Intelligence”.

    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.

  16. Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(f)(1) · 131 Stat. 135

    Substituted · 50 U.S.C. § 3381(b)

    Pub. L. 115–31, § 401(f)(1), substituted “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)” for “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–31, § 401(f)(1), substituted “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)” for “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002”.

    Enacted provision · exact public law section
    Sec. 401. The Compliance. Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

  17. Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(f)(2) · 131 Stat. 135

    Substituted · 50 U.S.C. § 3381(c)(1)

    Pub. L. 115–31, § 401(f)(2), substituted “Director of the National Counterintelligence and Security Center.” for “National Counterintelligence Executive.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–31, § 401(f)(2), substituted “Director of the National Counterintelligence and Security Center.” for “National Counterintelligence Executive.”

    Enacted provision · exact public law section
    Sec. 401. The Compliance. Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

  18. Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(f)(3) · 131 Stat. 135

    1. Substituted · 50 U.S.C. § 3381(d)(1)(B)(ii)

      Pub. L. 115–31, § 401(f)(3), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive”

    2. Substituted · 50 U.S.C. § 3381(d)(1)(B)(ii)

      Pub. L. 115–31, § 401(f)(3), substituted “pursuant to section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))” for “by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B)(ii). Pub. L. 115–31, § 401(f)(3), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive” and “pursuant to section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))” for “by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act”.

    Enacted provision · exact public law section
    Sec. 401. The Compliance. Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

  19. Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7305(b)(2) · 137 Stat. 136

    Substituted · 50 U.S.C. § 3381(d)(1)(B)(ii)

    Pub. L. 118–31, § 7305(b)(2), substituted “section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))” for “section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B)(ii). Pub. L. 118–31, § 7305(b)(2), substituted “section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))” for “section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))”.

    Enacted provision · exact public law section
    (2) Counterintelligence and security enhancements act of 1994.— Section 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii)) is amended by striking “section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))” and inserting “section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))”.

  20. Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7901(j) · 137 Stat. 136

    Substituted · 50 U.S.C. § 3381(e)(7)

    Pub. L. 118–31, § 7901(j), substituted “subsections (a) and (b) of section 1801” for “sections 1801(a) and (b)”

    Source evidence

    Code amendment note
    Subsec. (e)(7). Pub. L. 118–31, § 7901(j), substituted “subsections (a) and (b) of section 1801” for “sections 1801(a) and (b)”.

    Enacted provision · exact public law section
    (j) Intelligence Authorization Act for Fiscal Year 1995.— Section 811(e)(7) of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 3381(e)(7)) is amended by striking “sections 101 (a) and (b)” and inserting “subsections (a) and (b) of section 101”.

25 of 25 references resolved to an enrolled provision

Editorial Notes

References in Text

The Counterintelligence Enhancement Act of 2002, referred to in subsec. (d)(1)(B), is title IX of Pub. L. 107–306, , 116 Stat. 2432. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 402a of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments1999–2023 · 7 rounds

2023

Subsec. (d)(1)(B)(ii). Pub. L. 118–31, § 7305(b)(2), substituted “section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))” for “section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))”.

Subsec. (e)(7). Pub. L. 118–31, § 7901(j), substituted “subsections (a) and (b) of section 1801” for “sections 1801(a) and (b)”.

2017

Subsec. (b). Pub. L. 115–31, § 401(f)(1), substituted “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)” for “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002”.

Subsec. (c)(1). Pub. L. 115–31, § 401(f)(2), substituted “Director of the National Counterintelligence and Security Center.” for “National Counterintelligence Executive.”

Subsec. (d)(1)(B)(ii). Pub. L. 115–31, § 401(f)(3), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive” and “pursuant to section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))” for “by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act”.

2004

Subsec. (c)(6)(C). Pub. L. 108–458, which directed amendment of subsec. (c)(6)(C) by substituting “Director of National Intelligence” for “Director of Central Intelligence”, could not be executed because of the amendments by Pub. L. 107–306, § 903(a)(2), and Pub. L. 108–177. See 2002 and 2003 Amendment notes below.

2003

Subsec. (e). Pub. L. 108–177, which directed the amendment of subsec. (c) by redesignating pars. (7) and (8) as (6) and (7), respectively, and striking out former par. (6), was executed by making the amendment to subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (e) by Pub. L. 107–306, § 903(a)(2), see below. Prior to amendment, par. (6) read as follows:

“(6)(A) Not later each year than the date provided in section 415b of this title, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 401a of this title) a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year.

“(B) Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year.

“(C) The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense.”

2002

Subsec. (b). Pub. L. 107–306, § 903(a)(1), (3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The Board shall serve as the principal mechanism for—

“(1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and

“(2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities.”

Subsec. (c). Pub. L. 107–306, § 903(b), added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (c)(6). Pub. L. 107–306, § 811(b)(5)(B), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The Director of the Federal Bureau of Investigation shall, in consultation with the Director of Central Intelligence and the Secretary of Defense, report annually, beginning on , and continuing each year thereafter, to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compliance with paragraphs (1) and (2) during the previous calendar year.”

Subsec. (d). Pub. L. 107–306, § 903(c), added subsec. (d).

Subsec. (e). Pub. L. 107–306, § 903(a)(2), redesignated subsec. (c) as (e).

2000

Subsec. (c)(1). Pub. L. 106–567, § 605(a)(1), substituted “paragraph (5)” for “paragraph (3)”.

Subsec. (c)(2). Pub. L. 106–567, § 605(a)(1), (b), substituted “paragraph (5)” for “paragraph (3)” and inserted “in a timely manner” after “through appropriate channels” and “are consulted”.

Subsec. (c)(3). Pub. L. 106–567, § 605(a)(3), added par. (3). Former par. (3) redesignated (5).

Subsec. (c)(4). Pub. L. 106–567, § 605(a), (c), added par. (4). Former par. (4) redesignated (6).

Subsec. (c)(5). Pub. L. 106–567, § 605(a)(2), (4), redesignated par. (3) as (5) and substituted “paragraph (1), (2), or (3)” for “paragraph (1) or (2)”. Former par. (5) redesignated (7).

Subsec. (c)(6) to (8). Pub. L. 106–567, § 605(a)(2), redesignated pars. (4) to (6) as (6) to (8), respectively.

1999

Subsec. (c)(2). Pub. L. 106–120 struck out “after a report has been provided pursuant to paragraph (1)(A)” before period at end.

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.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–177 effective , see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.

Annual Reports on Intelligence Activities of the People’s Republic of China

Pub. L. 105–107, title III, § 308, , 111 Stat. 2253, as amended by Pub. L. 107–306, title VIII, § 811(b)(5)(D), , 116 Stat. 2424, related to annual reports to Congress by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation on intelligence activities of the People’s Republic of China directed against or affecting the interests of the United States, prior to repeal by Pub. L. 108–177, title III, § 361(f), , 117 Stat. 2625.

Credits

1994–2023 · 8 acts
  1. 1994Pub. L. 103–359, title VIII, § 811, , 108 Stat. 3455
  2. 1999Pub. L. 106–120, title VI, § 602, , 113 Stat. 1620
  3. 2000Pub. L. 106–567, title VI, § 605, , 114 Stat. 2853
  4. 2002Pub. L. 107–306, title VIII, § 811(b)(5)(B), title IX, § 903, , 116 Stat. 2424, 2433
  5. 2003Pub. L. 108–177, title III, § 361(g), , 117 Stat. 2625
  6. 2004Pub. L. 108–458, title I, § 1071(g)(1), , 118 Stat. 3691
  7. 2017Pub. L. 115–31, div. N, title IV, § 401(f), , 131 Stat. 819
  8. 2023Pub. L. 118–31, div. G, title III, § 7305(b)(2), title IX, § 7901(j), , 137 Stat. 1026, 1107.
Show as published

(Pub. L. 103–359, title VIII, § 811, , 108 Stat. 3455; Pub. L. 106–120, title VI, § 602, , 113 Stat. 1620; Pub. L. 106–567, title VI, § 605, , 114 Stat. 2853; Pub. L. 107–306, title VIII, § 811(b)(5)(B), title IX, § 903, , 116 Stat. 2424, 2433; Pub. L. 108–177, title III, § 361(g), , 117 Stat. 2625; Pub. L. 108–458, title I, § 1071(g)(1), , 118 Stat. 3691; Pub. L. 115–31, div. N, title IV, § 401(f), , 131 Stat. 819; Pub. L. 118–31, div. G, title III, § 7305(b)(2), title IX, § 7901(j), , 137 Stat. 1026, 1107.)

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