50 USC 3383 - National Counterintelligence and Security Center

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.

Editorial Notes

References in Text

Section 104(d), referred to in subsec. (g)(2), is section 104(d) of Puspan. L. 107–306, title I, Nov. 27, 2002, 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.

Codification

Section was formerly classified to section 402c of this title prior to editorial reclassification and renumbering as this section.

Amendments

2023—Subsec. (d). Puspan. L. 118–31, § 7305(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (d)(7)(A). Puspan. 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). Puspan. L. 118–31, § 7305(a)(1), (span)(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). Puspan. L. 118–31, § 7305(a)(1), (span)(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). Puspan. L. 118–31, § 7305(a)(1), redesignated subsecs. (f) to (i) as (g) to (j), respectively.

2022—Subsec. (d)(7)(E). Puspan. L. 117–263 added subpar. (E).

2017—Puspan. L. 115–31, § 401(span)(1)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in section catchline.

Subsecs. (a) to (c). Puspan. L. 115–31, § 401(span)(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). Puspan. L. 115–31, § 401(span)(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). Puspan. L. 115–31, § 401(span)(2)(B), substituted “At the direction of” for “In consultation with” in introductory provisions.

Subsec. (d)(6). Puspan. L. 115–31, § 401(span)(2)(C), substituted “National Counterintelligence and Security Center” for “Office” in introductory provisions.

Subsec. (f)(1). Puspan. L. 115–31, § 401(span)(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). Puspan. L. 115–31, § 401(span)(3)(B), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive”.

Subsec. (g). Puspan. L. 115–31, § 401(span)(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). Puspan. L. 115–31, § 401(span)(5)(A), substituted “National Counterintelligence and Security Center” for “Office of the National Counterintelligence Executive” in introductory provisions.

Subsec. (h)(1), (2). Puspan. L. 115–31, § 401(span)(5)(B), substituted “Center” for “Office”.

2012—Subsec. (d)(1). Puspan. L. 112–87 struck out “on an annual basis” after “to produce”.

2011—Subsec. (d)(2). Puspan. 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). Puspan. 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). Puspan. L. 111–259, § 412(span)(1), substituted “subsection (e)” for “subsection (f)”.

Subsec. (e). Puspan. L. 111–259, § 412(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(1). Puspan. L. 111–259, § 412(span)(2)(A), substituted “subsection (d)(1)” for “subsection (e)(1)”.

Subsec. (e)(2). Puspan. L. 111–259, § 412(span)(2)(B), substituted “subsection (d)(2)” for “subsection (e)(2)”.

Subsec. (f). Puspan. L. 111–259, § 412(a)(2), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (f)(3), (4). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 108–458, § 1071(g)(2)(B)(i), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (e)(5). Puspan. 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). Puspan. L. 108–458, § 1071(g)(2)(B)(iii), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Subsec. (l). Puspan. 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). Puspan. 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 Amendment

For Determination by President that amendment by Puspan. 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 Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. 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 Puspan. 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 Puspan. L. 117–263, set out as a note under section 3232a of this title.