50 U.S.C. § 3383
There shall be a National Counterintelligence and Security Center.
The Director of the National Counterintelligence and Security Center shall be the head of the National Counterintelligence and Security Center.
The National Counterintelligence and Security Center shall be located in the Office of the Director of National Intelligence.
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.
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:
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.
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 the National Counterintelligence Strategy.
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.
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.
As directed by the Director of National 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.
At the direction of the Director of National Intelligence-
To develop priorities for counterintelligence investigations and operations, and for collection of counterintelligence, for purposes of the National Counterintelligence Strategy, except that the National Counterintelligence and Security Center may not-
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.
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.
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.
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.
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 3232a(a) of this title) and maintain effective security measures for such devices.
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.
The files of the 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) 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.
The location of the National Counterintelligence and Security Center within the Office of the Director of National Intelligence shall not be construed as affecting access by Congress, or any committee of Congress, to-
Nothing in this section shall be construed as affecting the authority of the Director of National 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.
1 See References in Text note below.
50 U.S.C. § 3383
EDITORIAL NOTES
REFERENCES IN TEXTSection 104(d), referred to in subsec. (g)(2), is section 104 of Pub. L. 107-306, 116 Stat. 2387, which is not classified to the Code. The National Security Act of 1947, referred to in subsec. (j), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
CODIFICATIONSection was formerly classified to section 402c of this title prior to editorial reclassification and renumbering as this section.
AMENDMENTS2023-Subsec. (d). Pub. L. 118-31, §7305(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).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."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). 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).Subsecs. (g) to (j). Pub. L. 118-31, §7305(a)(1), redesignated subsecs. (f) to (i) as (g) to (j), respectively.2022-Subsec. (d)(7)(E). Pub. L. 117-263 added subpar. (E).2017- Pub. L. 115-31, §401(b)(1)(A), substituted "National Counterintelligence and Security Center" for "Office of the National Counterintelligence Executive" in section catchline.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.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. Subsec. (d)(5). Pub. L. 115-31, §401(b)(2)(B), substituted "At the direction of" for "In consultation with" in introductory provisions. Subsec. (d)(6). Pub. L. 115-31, §401(b)(2)(C), substituted "National Counterintelligence and Security Center" for "Office" in introductory provisions. 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". Subsec. (f)(2). Pub. L. 115-31, §401(b)(3)(B), substituted "Director of the National Counterintelligence and Security Center" for "National Counterintelligence Executive".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)".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.Subsec. (h)(1), (2). Pub. L. 115-31, §401(b)(5)(B), substituted "Center" for "Office". 2012-Subsec. (d)(1). Pub. L. 112-87 struck out "on an annual basis" after "to produce".2011-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). 2010-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."Subsec. (d)(1), (2). Pub. L. 111-259, §412(b)(1), substituted "subsection (e)" for "subsection (f)". Subsec. (e). Pub. L. 111-259, §412(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).Subsec. (e)(1). Pub. L. 111-259, §412(b)(2)(A), substituted "subsection (d)(1)" for "subsection (e)(1)".Subsec. (e)(2). Pub. L. 111-259, §412(b)(2)(B), substituted "subsection (d)(2)" for "subsection (e)(2)". Subsec. (f). Pub. L. 111-259, §412(a)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). 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." 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). 2004-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". Subsec. (e)(4). Pub. L. 108-458, §1071(g)(2)(B)(i), substituted "Director of National Intelligence" for "Director of Central Intelligence".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. Subsec. (h)(1), (2). Pub. L. 108-458, §1071(g)(2)(B) (iii), substituted "Director of National Intelligence" for "Director of Central Intelligence".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.Subsec. (m). Pub. L. 108-458, §1071(g)(2)(B) (iv), substituted "Director of National Intelligence" for "Director of Central Intelligence".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENTFor 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.
RULE OF CONSTRUCTION-NO ENHANCED AUTHORITIES Nothing in amendment made by Pub. L. 117-263 to be construed as enhancing, or otherwise changing, the authorities of the intelligence community to target, collect, process, or disseminate information regarding United States Government personnel, see section 6318(e) of Pub. L. 117-263, set out as a note under section 3232a of this title.
- Council
- The term "Council" means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.