50 U.S.C. § 402c : US Code - Section 402C: Office of the National Counterintelligence Executive

Search 50 U.S.C. § 402c : US Code - Section 402C: Office of the National Counterintelligence Executive

(a) Establishment
There shall be an Office of the National Counterintelligence
Executive.
(b) Head of Office
The National Counterintelligence Executive shall be the head of
the Office of the National Counterintelligence Executive.
(c) Location of Office
The Office of the National Counterintelligence Executive shall be
located in the Office of the Director of National Intelligence.
(d) General Counsel
(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.
(e) Functions
Subject to the direction and control of the National
Counterintelligence Executive, the functions of the Office of the
National Counterintelligence Executive shall be as follows:
(1) National threat identification and prioritization assessment
Subject to subsection (f) of this section, in consultation with
appropriate department and agencies of the United States
Government, and private sector entities, to produce on an annual
basis a strategic planning assessment of the counterintelligence
requirements of the United States to be known as the National
Threat Identification and Prioritization Assessment.
(2) National Counterintelligence Strategy
Subject to subsection (f) of this section, 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 on an annual basis a
strategy for the counterintelligence programs and activities of
the United States Government to be known as the National
Counterintelligence Strategy.
(3) Implementation of National Counterintelligence Strategy
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.
(4) National counterintelligence strategic analyses
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.
(5) National counterintelligence program budget
In consultation with 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
coordination
To develop priorities for counterintelligence investigations
and operations, and for collection of counterintelligence, for
purposes of the National Counterintelligence Strategy, except
that the Office 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 surveys
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.
(B) Outreach
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.
(C) Research and development
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.
(D) Training and professional development
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.
(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) of this section, 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) of this section, 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 Office of the National Counterintelligence
Executive may consist of personnel employed by the Office 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) 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 National Counterintelligence Executive and the head
of the department, agency, or element concerned consider
appropriate.
(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.
(h) Support
(1) The Attorney General, Secretary of Defense, and Director of
National Intelligence may each provide the Office of the National
Counterintelligence Executive such support as may be necessary to
permit the Office to carry out its functions under this section.
(2) Subject to any terms and conditions specified by the Director
of National Intelligence, the Director may provide administrative
and contract support to the Office as if the Office were an element
of the Central Intelligence Agency.
(3) Support provided under this subsection may be provided on a
reimbursable or nonreimbursable basis, at the election of the
official providing such support.
(i) Availability of funds for reimbursement
The National Counterintelligence Executive may, from amounts
available for the Office, transfer to a department or agency
detailing personnel under subsection (g) of this section, or
providing support under subsection (h) of this section, on a
reimbursable basis amounts appropriate to reimburse such department
or agency for the detail of such personnel or the provision of such
support, as the case may be.
(j) Contracts
(1) Subject to paragraph (2), the National Counterintelligence
Executive may enter into any contract, lease, cooperative
agreement, or other transaction that the Executive considers
appropriate to carry out the functions of the Office of the
National Counterintelligence Executive under this section.
(2) The authority under paragraph (1) to enter into contracts,
leases, cooperative agreements, and other transactions shall be
subject to any terms, conditions, and limitations applicable to the
Central Intelligence Agency under law with respect to similar
contracts, leases, cooperative agreements, and other transactions.
(k) Treatment of activities under certain administrative laws
The files of the 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) 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.
(l) Oversight by Congress
The location of the Office of the National Counterintelligence
Executive 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 Office; or
(2) any personnel of the Office.
(m) Construction
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.