USC - National Counterintelligence and Security Center

View all text of Subchapter V [§ 3381 - § 3385]

§ 3383. National Counterintelligence and Security Center

(a) Establishment

(b) Head of Center

(d) Mission

(e) FunctionsSubject 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

(2) National Counterintelligence Strategy

(A) Requirement to produce

(B) Revision and requirement

(3) Implementation of National Counterintelligence Strategy

(4) National counterintelligence strategic analyses

(5) National counterintelligence program budgetAt the direction of the Director of National 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 coordinationTo 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—

(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 assessments and surveys

(B) Outreach

(D) Training and professional development

(E) Vulnerabilities from foreign commercial spyware

(i) Consultation

(ii) Covered device defined

(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 National Counterintelligence and Security Center may consist of personnel employed by the Center 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) 1

1 See References in Text note below.

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 Director of the National Counterintelligence and Security Center and the head of the department, agency, or element concerned consider appropriate.

(h) Treatment of activities under certain administrative laws

(i) Oversight by CongressThe 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—

(1) any information, document, record, or paper in the possession of the Center; or

(2) any personnel of the Center.

(j) Construction

(Pub. L. 107–306, title IX, § 904, Nov. 27, 2002, 116 Stat. 2434; Pub. L. 108–458, title I, §§ 1071(g)(2)(B), 1072(d)(1)(C), Dec. 17, 2004, 118 Stat. 3691, 3693; Pub. L. 111–259, title IV, § 412, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 112–18, title IV, § 401, June 8, 2011, 125 Stat. 227; Pub. L. 112–87, title III, § 311(b), Jan. 3, 2012, 125 Stat. 1886; Pub. L. 115–31, div. N, title IV, § 401(b)(1)–(5), May 5, 2017, 131 Stat. 817, 818; Pub. L. 117–263, div. F, title LXIII, § 6318(d)(4), Dec. 23, 2022, 136 Stat. 3521; Pub. L. 118–31, div. G, title III, §§ 7303, 7305(a), (b)(1), Dec. 22, 2023, 137 Stat. 1025, 1026.)