§ 3383. National Counterintelligence and Security Center

Footnotes

1. 1 See References in Text note below.

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. 2002

   Pub. L. 107–306 title IX § 904 · 116 Stat. 2383

   Enacted · 50 U.S.C. § 3383

   Pub. L. 107–306, title IX, § 904, Nov. 27, 2002, 116 Stat. 2434

   Source evidence

   Code source credit
   Pub. L. 107–306, title IX, § 904, Nov. 27, 2002, 116 Stat. 2434

   Enacted provision · exact public law section
   SEC. 904. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE. (a) Establishment.— 50 USC 402c. There shall be an Office of the National Counterintelligence Executive. (b) Head of Office.— The National Counterintelligence Executive shall be the head of the Office of the National Counterintelligence Executive. (c) Location of Office.— The Office of the National Counterintelligence Executive shall be located in the Office of the Director of Central Intelligence. (d) General Counsel.— (1) There shall be in the Office of the National Counterintelligence Executive a general counsel who shall serve as principal legal advisor to the National Counterintelligence Executive. (2) The general counsel shall— (A) provide legal advice and counsel to the Executive on matters relating to functions of the Office; (B) ensure that the Office complies with all applicable laws, regulations, Executive orders, and guidelines; and (C) carry out such other duties as the Executive may specify. (e) Subject to the direction and control of the National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive shall be as follows: (1) National threat identification and prioritization assessment.— Subject to subsection (f), in consultation with appropriate department and agencies of the United States Government, and private sector entities, to produce on an annual basis a strategic planning assessment of the counterintelligence requirements of the United States to be known as the National Threat Identification and Prioritization Assessment. (2) National counterintelligence strategy.— Subject to subsection (f), in consultation with appropriate department and agencies of the United States Government, and private sector entities, and based on the most current National Threat Identification and Prioritization Assessment under paragraph (1), to produce on an annual basis a strategy for the counterintelligence programs and activities of the United States Government to be known as the National Counterintelligence Strategy. (3) Implementation of national counterintelligence strategy.— To evaluate on an ongoing basis the implementation of the National Counterintelligence Strategy and to submit to the President periodic reports on such evaluation, including a discussion of any shortfalls in the implementation of the Strategy and recommendations for remedies for such shortfalls. (4) National counterintelligence strategic analyses.— As directed by the Director of Central Intelligence and in consultation with appropriate elements of the departments and agencies of the United States Government, to oversee and coordinate the production of strategic analyses of counterintelligence matters, including the production of counterintelligence damage assessments and assessments of lessons learned from counterintelligence activities. (5) National counterintelligence program budget.— In consultation with the Director of Central Intelligence— (A) to coordinate the development of budgets and resource allocation plans for the counterintelligence programs and activities of the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and other appropriate elements of the United States Government; (B) to ensure that the budgets and resource allocation plans developed under subparagraph (A) address the objectives and priorities for counterintelligence under the National Counterintelligence Strategy; and (C) to submit to the National Security Council periodic reports on the activities undertaken by the Office under subparagraphs (A) and (B). (6) National Counterintelligence Collection and Targeting Coordination.— To develop priorities for counterintelligence investigations and operations, and for collection of counterintelligence, for purposes of the National Counterintelligence Strategy, except that the Office may not— (A) carry out any counterintelligence investigations or operations; or (B) establish its own contacts, or carry out its own activities, with foreign intelligence services. (7) National counterintelligence outreach, watch, and warning.— (A) Counterintelligence vulnerability surveys.— To carry out and coordinate surveys of the vulnerability of the United States Government, and the private sector, to intelligence threats in order to identify the areas, programs, and activities that require protection from such threats. (B) Outreach.— To carry out and coordinate outreach programs and activities on counterintelligence to other elements of the United States Government, and the private sector, and to coordinate the dissemination to the public of warnings on intelligence threats to the United States. (C) Research and development.— To ensure that research and development programs and activities of the United States Government, and the private sector, direct attention to the needs of the counterintelligence community for technologies, products, and services. (D) Training and professional development.— To develop policies and standards for training and professional development of individuals engaged in counterintelligence activities and to manage the conduct of joint training exercises for such personnel. (f) Additional Requirements Regarding National Threat Identification and Prioritization Assessment and National Counterintelligence Strategy.— (1) A National Threat Identification and Prioritization Assessment under subsection (e)(1), and any modification of such assessment, shall not go into effect until approved by the President. (2) A National Counterintelligence Strategy under subsection (e)(2), and any modification of such strategy, shall not go into effect until approved by the President. (3) The National Counterintelligence Executive shall submit to the congressional intelligence committees each National Threat Identification and Prioritization Assessment, or modification thereof, and each National Counterintelligence Strategy, or modification thereof, approved under this section. (4) In this subsection, the term “congressional intelligence committees” means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (g) Personnel.— (1) Personnel of the Office of the National Counterintelligence Executive may consist of personnel employed by the Office or personnel on detail from any other department, agency, or element of the Federal Government. Any such detail may be on a reimbursable or nonreimbursable basis, at the election of the head of the agency detailing such personnel. (2) Notwithstanding section 104(d) or any other provision of law limiting the period of the detail of personnel on a nonreimbursable basis, the detail of an officer or employee of United States or a member of the Armed Forces under paragraph (1) on a nonreimbursable basis may be for any period in excess of one year that the National Counterintelligence Executive and the head of the department, agency, or element concerned consider appropriate. (3) The employment of personnel by the Office, including the appointment, compensation and benefits, management, and separation of such personnel, shall be governed by the provisions of law on such matters with respect to the personnel of the Central Intelligence Agency, except that, for purposes of the applicability of such provisions of law to personnel of the Office, the National Counterintelligence Executive shall be treated as the head of the Office. (4) Positions in the Office shall be excepted service positions for purposes of title 5, United States Code. (h) Support.— (1) The Attorney General, Secretary of Defense, and Director of Central Intelligence may each provide the Office of the National Counterintelligence Executive such support as may be necessary to permit the Office to carry out its functions under this section. (2) Subject to any terms and conditions specified by the Director of Central Intelligence, the Director may provide administrative and contract support to the Office as if the Office were an element of the Central Intelligence Agency. (3) Support provided under this subsection may be provided on a reimbursable or nonreimbursable basis, at the election of the official providing such support. (i) Availability of Funds for Reimbursement.— The National Counterintelligence Executive may, from amounts available for the Office, transfer to a department or agency detailing personnel under subsection (g), or providing support under subsection (h), on a reimbursable basis amounts appropriate to reimburse such department or agency for the detail of such personnel or the provision of such support, as the case may be. (j) Contracts.— (1) Subject to paragraph (2), the National Counterintelligence Executive may enter into any contract, lease, cooperative agreement, or other transaction that the Executive considers appropriate to carry out the functions of the Office of the National Counterintelligence Executive under this section. (2) The authority under paragraph (1) to enter into contracts, leases, cooperative agreements, and other transactions shall be subject to any terms, conditions, and limitations applicable to the Central Intelligence Agency under law with respect to similar contracts, leases, cooperative agreements, and other transactions. (k) Treatment of Activities Under Certain Administrative Laws.— The files of the Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 431) to the extent such files meet criteria under subsection (b) of that section for treatment of files as operational files of an element of the Agency. (l) Oversight by Congress.— The location of the Office of the National Counterintelligence Executive within the Office of the Director of Central Intelligence shall not be construed as affecting access by Congress, or any committee of Congress, to— (1) any information, document, record, or paper in the possession of the Office; or (2) any personnel of the Office. (m) Construction.— Nothing in this section shall be construed as affecting the authority of the Director of Central Intelligence, the Secretary of Defense, the Secretary of State, the Attorney General, or the Director of the Federal Bureau of Investigation as provided or specified under the National Security Act of 1947 or under other provisions of law.

2. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1072(d)(1)(C)(i) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(c)

   Pub. L. 108–458, § 1072(d)(1)(C)(i), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–458, § 1072(d)(1)(C)(i), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence”.

   Enacted provision · exact public law section
   (i) in subsection (c), by striking “Office of the Director of Central Intelligence” and inserting “Office of the Director of National Intelligence”; and

   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. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(g)(2)(B)(i) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(e)(4)

   Pub. L. 108–458, § 1071(g)(2)(B)(i), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (e)(4). Pub. L. 108–458, § 1071(g)(2)(B)(i), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).

   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. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(g)(2)(B)(ii) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(e)(5)

   Pub. L. 108–458, § 1071(g)(2)(B)(ii), substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e)(5). Pub. L. 108–458, § 1071(g)(2)(B)(ii), substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions.

   Enacted provision · exact public law section
   (ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).

   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. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(g)(2)(B)(iii) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(h)(1); 50 U.S.C. § 3383(h)(2)

   Pub. L. 108–458, § 1071(g)(2)(B)(iii), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (h)(1), (2). Pub. L. 108–458, § 1071(g)(2)(B)(iii), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (iii) Section 904(h) (50 U.S.C. 402c(h)), each place it appears.

   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. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1072(d)(1)(C)(ii) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(l)

   Pub. L. 108–458, § 1072(d)(1)(C)(ii), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 108–458, § 1072(d)(1)(C)(ii), substituted “Office of the Director of National Intelligence” for “Office of the Director of Central Intelligence” in introductory provisions.

   Enacted provision · exact public law section
   (ii) in subsection (l), by striking “Office of the Director of Central Intelligence” and inserting “Office of the 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.

7. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(g)(2)(B)(iv) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3383(m)

   Pub. L. 108–458, § 1071(g)(2)(B)(iv), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 108–458, § 1071(g)(2)(B)(iv), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (iv) Section 904(m) (50 U.S.C. 402c(m)).

   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.

8. 2010

   Intelligence Authorization Act for Fiscal Year 2010

   Pub. L. 111–259 § 412(a)(1) · 124 Stat. 2654

   1. Redesignated · 50 U.S.C. § 3383(d)

      Pub. L. 111–259, § 412(a)(1), (2), redesignated subsec. (e) as (d)

   2. Struck · 50 U.S.C. § 3383(d)

      Pub. L. 111–259, § 412(a)(1), (2), struck out former subsec. (d). Text read as follows:

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–259, § 412(a)(1), (2), redesignated subsec. (e) as (d) and struck out former subsec. (d). Text read as follows:

   “(1) There shall be in the Office of the National Counterintelligence Executive a general counsel who shall serve as principal legal advisor to the National Counterintelligence Executive. “(2) The general counsel shall— “(A) provide legal advice and counsel to the Executive on matters relating to functions of the Office; “(B) ensure that the Office complies with all applicable laws, regulations, Executive orders, and guidelines; and “(C) carry out such other duties as the Executive may specify.”

   Enacted provision · exact public law section
   (1) by striking subsections (d), (h), (i), and (j);

9. 2010

   Intelligence Authorization Act for Fiscal Year 2010

   Pub. L. 111–259 § 412(b)(1) · 124 Stat. 2654

   Substituted · 50 U.S.C. § 3383(d)(1); 50 U.S.C. § 3383(d)(2)

   Pub. L. 111–259, § 412(b)(1), substituted “subsection (e)” for “subsection (f)”

   Source evidence

   Code amendment note
   Subsec. (d)(1), (2). Pub. L. 111–259, § 412(b)(1), substituted “subsection (e)” for “subsection (f)”.

   Enacted provision · exact public law section
   (1) in subsection (d), as redesignated by subsection (a)(2) of this section, by striking “subsection (f)” each place it appears in paragraphs (1) and (2) and inserting “subsection (e)”; and

10. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(a)(2) · 124 Stat. 2654

    Redesignated · 50 U.S.C. § 3383(e)

    Pub. L. 111–259, § 412(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–259, § 412(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (2) by redesignating subsections (e), (f), (g), (k), (l), and (m) as subsections (d), (e), (f), (g), (h), and (i), respectively; and

11. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(b)(2)(A) · 124 Stat. 2654

    Substituted · 50 U.S.C. § 3383(e)(1)

    Pub. L. 111–259, § 412(b)(2)(A), substituted “subsection (d)(1)” for “subsection (e)(1)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 111–259, § 412(b)(2)(A), substituted “subsection (d)(1)” for “subsection (e)(1)”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “subsection (e)(1)” and inserting “subsection (d)(1)”; and

12. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(b)(2)(B) · 124 Stat. 2654

    Substituted · 50 U.S.C. § 3383(e)(2)

    Pub. L. 111–259, § 412(b)(2)(B), substituted “subsection (d)(2)” for “subsection (e)(2)”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 111–259, § 412(b)(2)(B), substituted “subsection (d)(2)” for “subsection (e)(2)”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “subsection (e)(2)” and inserting “subsection (d)(2)”.

13. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(a)(2) · 124 Stat. 2654

    Redesignated · 50 U.S.C. § 3383(f)

    Pub. L. 111–259, § 412(a)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–259, § 412(a)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (e), (f), (g), (k), (l), and (m) as subsections (d), (e), (f), (g), (h), and (i), respectively; and

14. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(a)(3) · 124 Stat. 2654

    Struck · 50 U.S.C. § 3383(f)(3); 50 U.S.C. § 3383(f)(4)

    Pub. L. 111–259, § 412(a)(3), struck out pars. (3) and (4) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(3), (4). Pub. L. 111–259, § 412(a)(3), struck out pars. (3) and (4) which read as follows:

    “(3) The employment of personnel by the Office, including the appointment, compensation and benefits, management, and separation of such personnel, shall be governed by the provisions of law on such matters with respect to the personnel of the Central Intelligence Agency, except that, for purposes of the applicability of such provisions of law to personnel of the Office, the National Counterintelligence Executive shall be treated as the head of the Office. “(4) Positions in the Office shall be excepted service positions for purposes of title 5.”

    Enacted provision · exact public law section
    (3) in subsection (f), as redesignated by paragraph (2), by striking paragraphs (3) and (4).

15. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 412(a)(1) · 124 Stat. 2654

    1. Redesignated · 50 U.S.C. § 3383(g)(m)

       Pub. L. 111–259, § 412(a)(1), (2), redesignated subsecs. (k) to (m) as (g) to (i), respectively

    2. Redesignated · 50 U.S.C. § 3383(g)(m)

       Pub. L. 111–259, § 412(a)(1), (2), struck out former subsecs. (h) to (j) which related to support, availability of funds for reimbursement, and contracts, respectively. Former subsec. (g) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (g) to (m). Pub. L. 111–259, § 412(a)(1), (2), redesignated subsecs. (k) to (m) as (g) to (i), respectively, and struck out former subsecs. (h) to (j) which related to support, availability of funds for reimbursement, and contracts, respectively. Former subsec. (g) redesignated (f).

    Enacted provision · exact public law section
    (1) by striking subsections (d), (h), (i), and (j);

16. 2011

    Intelligence Authorization Act for Fiscal Year 2011

    Pub. L. 112–18 title IV § 401 · 125 Stat. 227

    1. Inserted · 50 U.S.C. § 3383(d)(2)

       Pub. L. 112–18 inserted subpar. (A) designation and heading

    2. Struck · 50 U.S.C. § 3383(d)(2)

       Pub. L. 112–18 struck out “on an annual basis” after “to produce”

    3. Added · 50 U.S.C. § 3383(d)(2)

       Pub. L. 112–18 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 112–18 inserted subpar. (A) designation and heading, struck out “on an annual basis” after “to produce”, and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 401. SCHEDULE AND REQUIREMENTS FOR THE NATIONAL COUNTERINTELLIGENCE STRATEGY.   Section 904(d)(2) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(d)(2)) is amended— (1) by striking “Subject” and inserting the following: “(A) Requirement to produce.— Subject” ; (2) by striking “on an annual basis”; and (3) by adding at the end the following: “(B) Revision and requirement.— The National Counterintelligence Strategy shall be revised or updated at least once every three years and shall be aligned with the strategy and policies of the Director of National Intelligence.” .

17. 2012

    Intelligence Authorization Act for Fiscal Year 2012

    Pub. L. 112–87 title III § 311(b) · 125 Stat. 1876

    Struck · 50 U.S.C. § 3383(d)(1)

    Pub. L. 112–87 struck out “on an annual basis” after “to produce”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 112–87 struck out “on an annual basis” after “to produce”.

    Enacted provision · exact public law section
    (b) Intelligence Authorization Act for Fiscal Year 2003.— Section 904(d)(1) of the Intelligence Authorization Act for Fiscal Year 2003 (50 U.S.C. 402c(d)(1)) is amended by striking “on an annual basis”.

18. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383

    Pub. L. 115–31, § 401(b)(1)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 115–31, § 401(b)(1)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in section catchline.

    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. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    1. Added · 50 U.S.C. § 3383(a)(c)

       Pub. L. 115–31, § 401(b)(1)(B), added subsecs. (a) to (c)

    2. Struck · 50 U.S.C. § 3383(a)(c)

       Pub. L. 115–31, § 401(b)(1)(B), struck out former subsecs. (a) to (c) which related to establishment of Office of the National Counterintelligence Executive, head of Office, and location of Office, respectively

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 115–31, § 401(b)(1)(B), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to establishment of Office of the National Counterintelligence Executive, head of Office, and location of Office, respectively.

    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.

20. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383(d)

    Pub. L. 115–31, § 401(b)(2)(A), substituted “Director of the National Counterintelligence and Security Center, the functions of the National Counterintelligence and Security Center” for “National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–31, § 401(b)(2)(A), substituted “Director of the National Counterintelligence and Security Center, the functions of the National Counterintelligence and Security Center” for “National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive” in introductory provisions.

    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.

21. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383(d)(5)

    Pub. L. 115–31, § 401(b)(2)(B), substituted “At the direction of” for “In consultation with” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 115–31, § 401(b)(2)(B), substituted “At the direction of” for “In consultation with” in introductory provisions.

    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.

22. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383(d)(6)

    Pub. L. 115–31, § 401(b)(2)(C), substituted “National Counterintelligence and Security Center” for “Office” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 115–31, § 401(b)(2)(C), substituted “National Counterintelligence and Security Center” for “Office” in introductory provisions.

    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.

23. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383(f)(1)

    Pub. L. 115–31, § 401(b)(3)(A), substituted “National Counterintelligence and Security Center may consist of personnel employed by the Center” for “Office of the National Counterintelligence Executive may consist of personnel employed by the Office”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 115–31, § 401(b)(3)(A), substituted “National Counterintelligence and Security Center may consist of personnel employed by the Center” for “Office of the National Counterintelligence Executive may consist of personnel employed by the Office”.

    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.

24. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

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

    Substituted · 50 U.S.C. § 3383(f)(2)

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

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 115–31, § 401(b)(3)(B), 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.

25. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(b)(4) · 131 Stat. 135

    Substituted · 50 U.S.C. § 3383(g)

    Pub. L. 115–31, § 401(b)(4), substituted “National Counterintelligence and Security Center shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 3141)” for “Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 431)”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–31, § 401(b)(4), substituted “National Counterintelligence and Security Center shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 3141)” for “Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 431)”.

    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.

26. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(b)(5)(A) · 131 Stat. 135

    Substituted · 50 U.S.C. § 3383(h)

    Pub. L. 115–31, § 401(b)(5)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–31, § 401(b)(5)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in introductory provisions.

    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.

27. 2017

    Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 401(b)(5)(B) · 131 Stat. 135

    Substituted · 50 U.S.C. § 3383(h)(1); 50 U.S.C. § 3383(h)(2)

    Pub. L. 115–31, § 401(b)(5)(B), substituted “Center” for “Office”

    Source evidence

    Code amendment note
    Subsec. (h)(1), (2). Pub. L. 115–31, § 401(b)(5)(B), substituted “Center” for “Office”.

    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.

28. 2022

    Intelligence Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. F title LXIII § 6318(d)(4) · 136 Stat. 2395

    Added · 50 U.S.C. § 3383(d)(7)(E)

    Pub. L. 117–263 added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (d)(7)(E). Pub. L. 117–263 added subpar. (E).

    Enacted provision · exact public law section
    (4) Private sector partnerships.— Section 904(d)(7) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7)) is amended by adding at the end the following new paragraph: “(E) Vulnerabilities from foreign commercial spyware.— “(i) Consultation.— In carrying out efforts to secure covered devices, to consult with the private sector of the United States and reputable third-party researchers to identify vulnerabilities from foreign commercial spyware (as defined in section 1102A(a) of the National Security Act of 1947) and maintain effective security measures for such devices. “(ii) Covered device defined.— In this subparagraph, the term ‘covered device’ means any electronic mobile device including smartphones, tablet computing devices, or laptop computing devices, that is issued by an element of the intelligence community for official use.” .

29. 2023

    Intelligence Authorization Act for Fiscal Year 2024

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

    Redesignated · 50 U.S.C. § 3383(d)

    Pub. L. 118–31, § 7305(a)(2), added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–31, § 7305(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) by inserting after subsection (c) the following: “(d) Mission.— The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.” .

30. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7303 · 137 Stat. 136

    Amended · 50 U.S.C. § 3383(d)(7)(A)

    Pub. L. 118–31, § 7303, amended subpar. (A) generally. Prior to amendment, text read as follows: “To carry out and coordinate surveys of the vulnerability of the United States Government, and the private sector, to intelligence threats in order to identify the areas, programs, and activities that require protection from such threats.”

    Source evidence

    Code amendment note
    Subsec. (d)(7)(A). Pub. L. 118–31, § 7303, amended subpar. (A) generally. Prior to amendment, text read as follows: “To carry out and coordinate surveys of the vulnerability of the United States Government, and the private sector, to intelligence threats in order to identify the areas, programs, and activities that require protection from such threats.”

    Enacted provision · exact public law section
    SEC. 7303. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS AND SURVEYS.   Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows: “(A) Counterintelligence vulnerability assessments and surveys.— To develop standards and criteria for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats.” .

31. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7305(a)(1) · 137 Stat. 136

    1. Redesignated · 50 U.S.C. § 3383(e)

       Pub. L. 118–31, § 7305(a)(1), (b)(1)(A), redesignated subsec. (d) as (e)

    2. Redesignated · 50 U.S.C. § 3383(e)

       Pub. L. 118–31, § 7305(a)(1), (b)(1)(A), substituted “Subject to subsection (f)” for “Subject to subsection (e)” in pars. (1) and (2)(A). Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 118–31, § 7305(a)(1), (b)(1)(A), redesignated subsec. (d) as (e) and substituted “Subject to subsection (f)” for “Subject to subsection (e)” in pars. (1) and (2)(A). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and

32. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7305(a)(1) · 137 Stat. 136

    1. Redesignated · 50 U.S.C. § 3383(f)

       Pub. L. 118–31, § 7305(a)(1), (b)(1)(B), redesignated subsec. (e) as (f)

    2. Redesignated · 50 U.S.C. § 3383(f)

       Pub. L. 118–31, § 7305(a)(1), (b)(1)(B), substituted “subsection (e)(1)” for “subsection (d)(1)” in par. (1) and “subsection (e)(2)” for “subsection (d)(2)” in par. (2). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–31, § 7305(a)(1), (b)(1)(B), redesignated subsec. (e) as (f) and substituted “subsection (e)(1)” for “subsection (d)(1)” in par. (1) and “subsection (e)(2)” for “subsection (d)(2)” in par. (2). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and

33. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 7305(a)(1) · 137 Stat. 136

    Redesignated · 50 U.S.C. § 3383(g)(j)

    Pub. L. 118–31, § 7305(a)(1), redesignated subsecs. (f) to (i) as (g) to (j), respectively

    Source evidence

    Code amendment note
    Subsecs. (g) to (j). Pub. L. 118–31, § 7305(a)(1), redesignated subsecs. (f) to (i) as (g) to (j), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and

34. 2024

    Pub. L. 118–159 div. F title LXIII § 6302 · 138 Stat. 2471

    Substituted · 50 U.S.C. § 3383(f)(3)

    Pub. L. 118–159 substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 118–159 substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive”.

40 of 41 references resolved to an enrolled provision · 1 unresolved