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50 U.S.C. § 3381 — Coordination of counterintelligence activities

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3381 — Coordination of counterintelligence activities

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Stable record: federal_law:legal_authorities:record_usc_98e73a44323aea0cf308ffb8
Source file: Laws/federal/codes/united-states-code/title-50/section-3381-coordination-of-counterintelligence-activities--57328991e2.md
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Source location: Title 50, Chapter 45, § 3381; chapter-045-miscellaneous-intelligence-community-authorities.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3382&num=0&edition=prelim)) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3383/e/2&num=0&edition=prelim)). (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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 402a — Transferred

### Statutory Notes #### Codification Section 402, comprising section 101 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3021&num=0&edition=prelim). The National Security Agency Act of 1959, Pub. L. 86–36, formerly set out as a note under section 402, was editorially reclassified as chapter 47 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 402a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1611 — Postemployment assistance: certain terminated intelligence employees

**(a) Authority.—** Subject to subsection (c), the Secretary of Defense may, in the case of any individual who is a qualified former intelligence employee, use appropriated funds— (1) to assist that individual in finding and qualifying for employment other than in a defense intelligence position; (2) to assist that individual in meeting the expenses of treatment of medical or psychological disabilities of that individual; and (3) to provide financial support to that individual during periods of unemployment. **(b) Qualified Former Intelligence Employees.—** For purposes of this section, a qualified former intelligence employee is an individual who was employed as a civilian employee of the Department of Defense in a sensitive defense intelligence position— (1) who has been found to be ineligible for continued access to information designated as “Sensitive Compartmented Information” and employment in a defense intelligence position; or (2) whose employment in a defense intelligence position has been terminated. **(c) Conditions.—** Assistance may be provided to a qualified former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to— (1) maintain the judgment and emotional stability of the qualified former intelligence employee; and (2) avoid circumstances that might lead to the unlawful disclosure of classified information to which the qualified former intelligence employee had access. **(d) Duration of Assistance.—** Assistance may not be provided under this section in the case of any individual after the end of the five-year period beginning on the date of the termination of the employment of the individual in a defense intelligence position.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1611

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 401a — Transferred

### Statutory Notes #### Codification Section 442b, comprising section 1103 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3233&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 401a

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 415b — Transferred

### Statutory Notes #### Codification Section 415a–10, comprising section 506H of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3104&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 415b

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3001 — Requirement to buy certain satellite component from American sources

**(a) Definitions** In this section: (1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense. (2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government. (3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States. **(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker. **(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that— (1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used; (2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or (3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3382 — Director of the National Counterintelligence and Security Center

**(a) Establishment** There shall be a Director of the National Counterintelligence and Security Center (referred to in this section as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate. **(b) Mission** The mission of the Director shall be to serve as the head of national counterintelligence for the United States Government. **(c) Duties** Subject to the direction and control of the Director of National Intelligence, the duties of the Director are as follows: (1) To carry out the mission referred to in subsection (b). (2) To act as chairperson of the National Counterintelligence Policy Board established under [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3381&num=0&edition=prelim). (3) To act as head of the National Counterintelligence and Security Center established under [section 3383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3383&num=0&edition=prelim). (4) To participate as an observer on such boards, committees, and entities of the executive branch as the Director of National Intelligence considers appropriate for the discharge of the mission and functions of the Director and the National Counterintelligence and Security Center under [section 3383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3383&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3382

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 402c — Transferred

### Statutory Notes #### Codification Section 402a, comprising section 811 of the Counterintelligence and Security Enhancements Act of 1994, Pub. L. 103–359, title VIII, and also of the Intelligence Authorization Act for Fiscal Year 1995, Pub. L. 103–359, was editorially reclassified as [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3381&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 402c

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3381 — Coordination of counterintelligence ac-

Page 869 TITLE 50—WAR AND NATIONAL DEFENSE § 3381 agreement, order, or other instrumentality or means entered into by an individual that could be interpreted as a legal constraint on the individual making an authorized disclo- sure. (6) The term ‘‘Office’’ means the All-domain Anomaly Resolution Office established pursu- ant to section 3373(a) of this title. (7) The term ‘‘personnel action’’ has the meaning given such term in section 3234(a) of this title. (8) The term ‘‘unidentified anomalous phe- nomena’’ has the meaning given such term in section 3373(n) of this title. (Pub. L. 117–263, div. A, title XVI, § 1673, Dec. 23, 2022, 136 Stat. 2959.) Editorial Notes REFERENCES IN TEXT Executive Order 13526, referred to in subsec. (b)(1)(B), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title. The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(B), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapter 18 of the Act is classified generally to subchapter XVII (§ 2271 et seq.) of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. CODIFICATION Section is comprised of section 1673 of Pub. L. 117–263. Subsec. (c) of section 1673 of Pub. L. 117–263 amended section 3373 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘congressional defense committees’’ as the Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives, see section 101 of Title 10, Armed Forces, as made appli- cable by section 3 of of Pub. L. 117–263, which is listed

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3381

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3382 — Director of the National Counterintel-

Page 871 TITLE 50—WAR AND NATIONAL DEFENSE § 3382 (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 congres- sional 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 Direc- tor shall, in accordance with applicable security proce- dures, 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) dur- ing the previous calendar year. ‘‘(C) The Director of the Federal Bureau of Investiga- tion 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 ap- proval of the President to govern the conduct of counterintelligence activities; and ‘‘(2) resolving conflicts, as directed by the Presi- dent, which may arise between elements of the Gov- ernment which carry out such activities.’’ Subsec. (c). Pub. L. 107–306, § 903(b), added subsec. (c). Former subsec. (c) redesignated (e). Subsec.

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3382

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3383 — National Counterintelligence and Security Center

**(a) Establishment** There shall be a National Counterintelligence and Security Center. **(b) Head of Center** The Director of the National Counterintelligence and Security Center shall be the head of the National Counterintelligence and Security Center. **(c) Location of Center** The National Counterintelligence and Security Center shall be located in the Office of the Director of National Intelligence. **(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. **(e) Functions** Subject to the direction and control of the Director of the National Counterintelligence and Security Center, the functions of the National Counterintelligence and Security Center 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 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** (A) *Requirement to produce* — 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 a strategy for the counterintelligence programs and activities of the United States Government to be known as

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3383

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