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. (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 Inves- tigation shall, in consultation with the Director of Cen- tral Intelligence and the Secretary of Defense, report annually, beginning on February 1, 1995, and continuing each year thereafter, to the Select Committee on Intel- ligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representa- tives and, in accordance with applicable security proce- dures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compli- ance 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), sub- stituted ‘‘paragraph (5)’’ for ‘‘paragraph (3)’’. Subsec. (c)(2). Pub. L. 106–567, § 605(a)(1), (b), sub- stituted ‘‘paragraph (5)’’ for ‘‘paragraph (3)’’ and in- serted ‘‘in a timely manner’’ after ‘‘through appro- priate 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), redesig- nated par. (3) as (5) and substituted ‘‘paragraph (1), (2), or (3)’’ for ‘‘paragraph (1) or (2)’’. Former par. (5) redes- ignated (7). Subsec. (c)(6) to (8). Pub. L. 106–567, § 605(a)(2), redes- ignated 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 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. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–177 effective Dec. 31, 2003, 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, Nov. 20, 1997, 111 Stat. 2253, as amended by Pub. L. 107–306, title VIII, § 811(b)(5)(D), Nov. 27, 2002, 116 Stat. 2424, related to an- nual reports to Congress by the Director of Central In- telligence and the Director of the Federal Bureau of In- vestigation on intelligence activities of the People’s Republic of China directed against or affecting the in- terests of the United States, prior to repeal by Pub. L. 108–177, title III, § 361(f), Dec. 13, 2003, 117 Stat. 2625. § 3382. Director of the National Counterintel- ligence and Security Center (a) Establishment There shall be a Director of the National Counterintelligence and Security Center (re- ferred 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 Di- rector 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. (3) To act as head of the National Counter- intelligence and Security Center established under section 3383 of this title. (4) To participate as an observer on such boards, committees, and entities of the execu- tive branch as the Director of National Intel- ligence considers appropriate for the discharge of the mission and functions of the Director and the National Counterintelligence and Se- curity Center under section 3383 of this title. (Pub. L. 107–306, title IX, § 902, Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–458, title I, § 1072(d)(1)(B), Dec. 17, 2004, 118 Stat. 3693; Pub. L. 114–113, div. M, title IV, § 401(a), Dec. 18, 2015, 129 Stat. 2920; Pub. L. 115–31, div. N, title IV, § 401(a)(1), (3), May 5, 2017, 131 Stat. 816, 817.) Editorial Notes CODIFICATION Section was formerly classified to section 402b of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2017—Pub. L. 115–31, § 401(a)(1), amended section gen- erally. Prior to amendment, section related to the Na- tional Counterintelligence Executive. Page 872 TITLE 50—WAR AND NATIONAL DEFENSE § 3383 Subsec. (a). Pub. L. 115–31, § 401(a)(3), provided that the amendment made by Pub. L. 114–113, § 401(a), was deemed to not have taken effect. See 2015 Amendment and Effective Date of 2015 Amendment notes below. 2015—Subsec. (a). Pub. L. 114–113, which directed that subsec. (a) be amended to read as follows: ‘‘(a) ESTABLISHMENT.—There shall be a National Counterintelligence Executive who shall be appointed by the President, by and with the advice and consent of the Senate.’’, was deemed to not have taken effect by Pub. L. 115–31, § 401(a)(3). See 2017 Amendment note above. 2004—Subsec. (a)(1). Pub. L. 108–458, § 1072(d)(1)(B)(i), substituted ‘‘Director of National Intelligence’’ for ‘‘President’’. Subsec. (a)(2). Pub. L. 108–458, § 1072(d)(1)(B), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Presi- dent’’ and ‘‘Director of the Central Intelligence Agen- cy’’ for ‘‘Director of Central Intelligence’’. Subsec. (c). Pub. L. 108–458, § 1072(d)(1)(B)(i), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Presi- dent’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 115–31, div. N, title IV, § 401(a)(3), May 5, 2017, 131 Stat. 817, provided that: ‘‘The amendment made by subsection (a) of section 401 of the Intelligence Author- ization Act for Fiscal Year 2016 (division M of Public Law 114–113) [amending this section] shall not take ef- fect, or, if the date of the enactment of this Act [May 5, 2017] is on or after the effective date specified in sub- section (b) of such section [Dec. 18, 2016, see note below], such amendment shall be deemed to not have taken effect.’’ Pub. L. 114–113, div. M, title IV, § 401(b), Dec. 18, 2015, 129 Stat. 2921, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enact- ment of this Act [Dec. 18, 2015].’’ 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. PURPOSE Pub. L. 107–306, title IX, § 901(b), Nov. 27, 2002, 116 Stat. 2432, provided that: ‘‘The purpose of this title [see Tables for classification] is to facilitate the enhance- ment of the counterintelligence activities of the United States Government by— ‘‘(1) enabling the counterintelligence community of the United States Government to fulfill better its mission of identifying, assessing, prioritizing, and countering the intelligence threats to the United States; ‘‘(2) ensuring that the counterintelligence commu- nity of the United States Government acts in an effi- cient and effective manner; and ‘‘(3) providing for the integration of all the counter- intelligence activities of the United States Govern- ment.’’ § 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 Counterintel- ligence and Security Center shall be the head of the National Counterintelligence and Security Center. (c) Location of Center The National Counterintelligence and Secu- rity Center shall be located in the Office of the Director of National Intelligence. (d) Mission The mission of the National Counterintel- ligence and Security Center shall include orga- nizing and leading strategic planning for coun- terintelligence activities of the United States Government by integrating instruments of na- tional power as needed to counter foreign intel- ligence activities. (e) Functions Subject to the direction and control of the Di- rector 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 plan- ning assessment of the counterintelligence re- quirements 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 cur- rent National Threat Identification and Prioritization Assessment under paragraph (1), to produce a strategy for the counter- intelligence programs and activities of the United States Government to be known as the National Counterintelligence Strategy. (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. (3) Implementation of National Counterintel- ligence Strategy To evaluate on an ongoing basis the imple- mentation of the National Counterintelligence Strategy and to submit to the President peri- odic reports on such evaluation, including a discussion of any shortfalls in the implemen- tation of the Strategy and recommendations for remedies for such shortfalls. (4) National counterintelligence strategic anal- yses As directed by the Director of National In- telligence and in consultation with appro- priate elements of the departments and agen-