50 U.S.C. § 3232 — Counterintelligence initiatives

Page 759 TITLE 50—WAR AND NATIONAL DEFENSE § 3232 § 3227d. National Intelligence University accept- ance of grants (a) Authority The Director of National Intelligence may au- thorize the President of the National Intel- ligence University to accept qualifying research grants. (b) Qualifying grants A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. (c) Entities from which grants may be accepted A qualifying research grant may be accepted under this section only from a Federal agency or from a corporation, fund, foundation, edu- cational institution, or similar entity that is or- ganized and operated primarily for scientific, literary, or educational purposes. (d) Administration of grant funds (1) Establishment of account The Director shall establish an account for administering funds received as qualifying re- search grants under this section. (2) Use of funds The President of the University shall use the funds in the account established pursuant to paragraph (1) in accordance with applicable provisions of the regulations and the terms and conditions of the grants received. (e) Related expenses Subject to such limitations as may be pro- vided in appropriations Acts, appropriations available for the National Intelligence Univer- sity may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants. (f) Regulations The Director of National Intelligence shall prescribe regulations for the administration of this section. (July 26, 1947, ch. 343, title X, § 1035, as added Pub. L. 118–159, div. F, title LXIII, § 6305(a), Dec. 23, 2024, 138 Stat. 2474.) SUBCHAPTER IX—ADDITIONAL MISCELLANEOUS PROVISIONS § 3231. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements (a) In general No Federal law enacted on or after December 27, 2000, that implements a treaty or other inter- national agreement shall be construed as mak- ing unlawful an otherwise lawful and authorized intelligence activity of the United States Gov- ernment or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity. (b) Authorized intelligence activities An intelligence activity shall be treated as au- thorized for purposes of subsection (a) if the in- telligence activity is authorized by an appro- priate official of the United States Government, acting within the scope of the official duties of that official and in compliance with Federal law and any applicable Presidential directive. (July 26, 1947, ch. 343, title XI, § 1101, formerly title X, § 1001, as added Pub. L. 106–567, title III, § 308(a), Dec. 27, 2000, 114 Stat. 2839; renumbered title XI, § 1101, Pub. L. 107–306, title III, § 331(a)(1), (2), Nov. 27, 2002, 116 Stat. 2394.) Editorial Notes CODIFICATION Section was formerly classified to section 442 of this title prior to editorial reclassification and renumbering as this section. § 3232. Counterintelligence initiatives (a) Inspection process In order to protect intelligence sources and methods from unauthorized disclosure, the Di- rector of National Intelligence shall establish and implement an inspection process for all agencies and departments of the United States that handle classified information relating to the national security of the United States in- tended to assure that those agencies and depart- ments maintain effective operational security practices and programs directed against coun- terintelligence activities. (b) Annual review of dissemination lists The Director of National Intelligence shall es- tablish and implement a process for all elements of the intelligence community to review, on an annual basis, individuals included on distribu- tion lists for access to classified information. Such process shall ensure that only individuals who have a particularized ‘‘need to know’’ (as determined by the Director) are continued on such distribution lists. (c) Completion of financial disclosure statements required for access to certain classified in- formation The Director of National Intelligence shall es- tablish and implement a process by which each head of an element of the intelligence commu- nity directs that all employees of that element, in order to be granted access to classified infor- mation referred to in subsection (a) of section 1.3 of Executive Order No. 12968 (August 2, 1995; 60 Fed. Reg. 40245; [former] 50 U.S.C. 435 note [now 50 U.S.C. 3161 note]), submit financial dis- closure forms as required under subsection (b) of such section. (d) Arrangements to handle sensitive informa- tion The Director of National Intelligence shall es- tablish, for all elements of the intelligence com- munity, programs and procedures by which sen- sitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees of those elements. (July 26, 1947, ch. 343, title XI, § 1102, as added Pub. L. 108–177, title III, § 341(a)(1), Dec. 13, 2003, 117 Stat. 2615; amended Pub. L. 108–458, title I, § 1071(a)(1)(NN)–(QQ), Dec. 17, 2004, 118 Stat. 3689, 3690; Pub. L. 111–259, title III, § 347(e), title IV, § 409, Oct. 7, 2010, 124 Stat. 2699, 2724.) Page 760 TITLE 50—WAR AND NATIONAL DEFENSE § 3232a Editorial Notes CODIFICATION Section was formerly classified to section 442a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–259, § 409(1), struck out par. (1) designation before ‘‘In’’ and par. (2) which read as follows: ‘‘The Director shall carry out the process through the Office of the National Counterintelligence Executive.’’ Subsec. (b). Pub. L. 111–259, § 347(e), struck out par. (1) designation before ‘‘The Director’’ and par. (2) which read as follows: ‘‘Not later than October 15 of each year, the Director shall certify to the congressional in- telligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year.’’ Subsec. (c). Pub. L. 111–259, § 409(2), struck out par. (1) designation before ‘‘The Director’’ and par. (2) which read as follows: ‘‘The Director shall carry out para- graph (1) through the Office of the National Counter- intelligence Executive.’’ 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(NN), substituted ‘‘Director of National Intelligence’’ for ‘‘Di- rector of Central Intelligence’’. Subsec. (b)(1). Pub. L. 108–458, § 1071(a)(1)(OO), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Subsec. (c)(1). Pub. L. 108–458, § 1071(a)(1)(PP), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Subsec. (d). Pub. L. 108–458, § 1071(a)(1)(QQ), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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. § 3232a. Measures to mitigate counterintelligence threats from proliferation and use of foreign commercial spyware (a) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Com- mittee on Banking, Housing, and Urban Af- fairs, the Committee on the Judiciary, the Committee on Appropriations, and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Af- fairs, the Committee on Armed Services, the Committee on Financial Services, the Com- mittee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives. (2) Covered entity The term ‘‘covered entity’’ means any for- eign company that either directly or indi- rectly develops, maintains, owns, operates, brokers, markets, sells, leases, licenses, or otherwise makes available spyware. (3) Foreign commercial spyware The term ‘‘foreign commercial spyware’’ means spyware that is developed (solely or in partnership with a foreign company), main- tained, sold, leased, licensed, marketed, sourced (in whole or in part), or otherwise pro- vided, either directly or indirectly, by a for- eign company. (4) Foreign company The term ‘‘foreign company’’ means a com- pany that is incorporated or domiciled outside of the United States, including any subsidi- aries or affiliates wherever such subsidiaries or affiliates are domiciled or incorporated. (5) Spyware The term ‘‘spyware’’ means a tool or set of tools that operate as an end-to-end system of software to provide an unauthorized user re- mote access to information stored on or transiting through an electronic device con- nected to the Internet and not owned or oper- ated by the unauthorized user, including end- to-end systems that— (A) allow an unauthorized user to remotely infect electronic devices with malicious soft- ware, including without any action required by the user of the device; (B) can record telecommunications or other audio captured on a device not owned by the unauthorized user; (C) undertake geolocation, collect cell site location information, or otherwise track the location of a device or person using the in- ternal sensors of an electronic device not owned by the unauthorized user; (D) allow an unauthorized user access to and the ability to retrieve information on the electronic device, including text mes- sages, files, e-mails, transcripts of chats, contacts, photos, and browsing history; or (E) any additional criteria described in publicly available documents published by the Director of National Intelligence, such as whether the end-to-end system is used outside the context of a codified lawful intercept system. (b) Annual assessments of counterintelligence threats (1) Requirement Not later than 90 days after December 23, 2022, and annually thereafter, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agen- cy, the Director of the National Security Agency, and the Director of the Federal Bu- reau of Investigation, shall submit to the ap- propriate congressional committees a report with an accompanying classified annex con-