50 U.S.C. § 402a : US Code - Section 402A: Coordination of counterintelligence activities

Search 50 U.S.C. § 402a : US Code - Section 402A: Coordination of counterintelligence activities

(a) Establishment of Counterintelligence Policy Board
There is established within the executive branch of Government a
National Counterintelligence Policy Board (in this section referred
to as the "Board"). The Board shall report to the President through
the National Security Council.
(b) Chairperson
The National Counterintelligence Executive under section 902 of
the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b]
shall serve as the chairperson of the Board.
(c) Membership
The membership of the National Counterintelligence Policy Board
shall consist of the following:
(1) The National Counterintelligence Executive.
(2) Senior personnel of departments and elements of the United
States Government, appointed by the head of the department or
element concerned, as follows:
(A) The Department of Justice, including the Federal Bureau
of Investigation.
(B) The Department of Defense, including the Joint Chiefs of
Staff.
(C) The Department of State.
(D) The Department of Energy.
(E) The Central Intelligence Agency.
(F) Any other department, agency, or element of the United
States Government specified by the President.
(d) Functions and discharge of functions
(1) The Board shall -
(A) serve as the principal mechanism for -
(i) developing policies and procedures for the approval of
the President to govern the conduct of counterintelligence
activities; and
(ii) upon the direction of the President, resolving conflicts
that arise between elements of the Government conducting such
activities; and
(B) act as an interagency working group to -
(i) ensure the discussion and review of matters relating to
the implementation of the Counterintelligence Enhancement Act
of 2002; and
(ii) provide advice to the National Counterintelligence
Executive on priorities in the implementation of the National
Counterintelligence Strategy produced by the Office of the
National Counterintelligence Executive under section 904(e)(2)
of that Act [50 U.S.C. 402c(e)(2)].
(2) The Board may, for purposes of carrying out its functions
under this section, establish such interagency boards and working
groups as the Board considers appropriate.
(e) Coordination of counterintelligence matters with Federal Bureau
of Investigation
(1) Except as provided in paragraph (5), the head of each
department or agency within the executive branch shall ensure that -

(A) the Federal Bureau of Investigation is advised immediately
of any information, regardless of its origin, which indicates
that classified information is being, or may have been, disclosed
in an unauthorized manner to a foreign power or an agent of a
foreign power;
(B) following a report made pursuant to subparagraph (A), the
Federal Bureau of Investigation is consulted with respect to all
subsequent actions which may be undertaken by the department or
agency concerned to determine the source of such loss or
compromise; and
(C) where, after appropriate consultation with the department
or agency concerned, the Federal Bureau of Investigation
undertakes investigative activities to determine the source of
the loss or compromise, the Federal Bureau of Investigation is
given complete and timely access to the employees and records of
the department or agency concerned for purposes of such
investigative activities.
(2) Except as provided in paragraph (5), the Director of the
Federal Bureau of Investigation shall ensure that espionage
information obtained by the Federal Bureau of Investigation
pertaining to the personnel, operations, or information of
departments or agencies of the executive branch, is provided
through appropriate channels in a timely manner to the department
or agency concerned, and that such departments or agencies are
consulted in a timely manner with respect to espionage
investigations undertaken by the Federal Bureau of Investigation
which involve the personnel, operations, or information of such
department or agency.
(3)(A) The Director of the Federal Bureau of Investigation shall
submit to the head of the department or agency concerned a written
assessment of the potential impact of the actions of the department
or agency on a counterintelligence investigation.
(B) The head of the department or agency concerned shall -
(i) use an assessment under subparagraph (A) as an aid in
determining whether, and under what circumstances, the subject of
an investigation under paragraph (1) should be left in place for
investigative purposes; and
(ii) notify in writing the Director of the Federal Bureau of
Investigation of such determination.
(C) The Director of the Federal Bureau of Investigation and the
head of the department or agency concerned shall continue to
consult, as appropriate, to review the status of an investigation
covered by this paragraph, and to reassess, as appropriate, a
determination of the head of the department or agency concerned to
leave a subject in place for investigative purposes.
(4)(A) The Federal Bureau of Investigation shall notify
appropriate officials within the executive branch, including the
head of the department or agency concerned, of the commencement of
a full field espionage investigation with respect to an employee
within the executive branch.
(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under subparagraph
(A) of an investigation described in that subparagraph without
prior coordination and consultation with the Federal Bureau of
Investigation.
(5) Where essential to meet extraordinary circumstances affecting
vital national security interests of the United States, the
President may on a case-by-case basis waive the requirements of
paragraph (1), (2), or (3), as they apply to the head of a
particular department or agency, or the Director of the Federal
Bureau of Investigation. Such waiver shall be in writing and shall
fully state the justification for such waiver. Within thirty days,
the President shall notify the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of
the House of Representatives that such waiver has been issued, and
at that time or as soon as national security considerations permit,
provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
(6) Nothing in this section may be construed to alter the
existing jurisdictional arrangements between the Federal Bureau of
Investigation and the Department of Defense with respect to
investigations of persons subject to the Uniform Code of Military
Justice, nor to impose additional reporting requirements upon the
Department of Defense with respect to such investigations beyond
those required by existing law and executive branch policy.
(7) As used in this section, the terms "foreign power" and "agent
of a foreign power" have the same meanings as set forth in sections
(!1) 1801(a) and (b), respectively, of this title.