Sec. 302. Establishment, functions, and authorities of the National Counterintelligence Center

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Section 3(3) of the National Security Act of 1947 ( 50 U.S.C. 3003(3) ) is amended by inserting deter, disrupt, investigate, exploit, or before protect against . The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by inserting after title III the following new title: There is within the Office of the Director of National Intelligence a National Counterintelligence Center. There is a Director of the National Counterintelligence Center, who shall be the head of the National Counterintelligence Center and who shall be appointed by the President, by and with the advice and consent of the Senate.

The Director of the National Counterintelligence Center shall serve as the principal advisor to the President and the Director of National Intelligence with respect to counterintelligence matters. The Director of the National Counterintelligence Center shall report to the Director of National Intelligence. Subject to the authority, direction, and control of the Director of National Intelligence, the Director of the National Counterintelligence Center may exercise the authorities of the Director of National Intelligence under subsections

(l)and

(m)of section 102A with respect to personnel of the National Counterintelligence Center. The Director of the National Counterintelligence Center shall establish a task force to be known as the National Counterintelligence Task Force (in this section referred to as the Task Force ). The Task Force shall be composed of the following: The Director of the National Counterintelligence Center, who shall serve as chair of the Task Force. A designee of the head of each element of the intelligence community. A designee of any other department or agency of the Federal Government that the Director of the National Counterintelligence Center and the head of such department or agency considers appropriate. Such other persons as the Director of the National Counterintelligence Center considers appropriate. The Task Force shall carry out such duties as are assigned to the Task Force by the Director. The mission of the National Counterintelligence Center shall be to direct, coordinate, and carry out counterintelligence activities. The Director of the National Counterintelligence Center shall lead and direct all efforts of the Federal Government with respect to— countering, denying, disrupting, and degrading intelligence operations by foreign entities; deceiving, exploiting, and shaping the intelligence gathering plans, intentions, operations, and perceived effectiveness of foreign entities; coordinating, deconflicting, authorizing, and directing the execution of counterintelligence activities by the intelligence community; strategic operational planning for counterintelligence activities; countering foreign influence operations; countering foreign denial and deception activities; assessing foreign intelligence capabilities and addressing counterintelligence collection gaps and strategic threats; mitigating counterintelligence risks and vulnerabilities; analyzing and producing counterintelligence products; evaluating technical counterintelligence capabilities and resources; evaluating and establishing interagency processes and methods to resolve counterintelligence anomalies; assessing integration shortfalls and leading efforts to maximize the integration of data and expertise to address foreign intelligence threats and improve counterintelligence; advocating for and providing education and training relating to counterintelligence and countering foreign influence operations; and such other matters relating to counterintelligence as the Director of National Intelligence may direct. In addition to the duties described in subsection (a), the Director of the National Counterintelligence Center shall— establish and prioritize requirements for the collection, analysis, and dissemination of counterintelligence information by the intelligence community; evaluate the effectiveness of the elements of the intelligence community in using funds available under the National Counterintelligence Program to carry out counterintelligence activities and achieve counterintelligence goals; engage international partners to conduct information sharing and joint operations and enhance capabilities with respect to counterintelligence; establish doctrine, certification, and tradecraft standards and requirements for execution of offensive counterintelligence activities; carry out damage assessments under section 415; establish a polygraph program for counterintelligence purposes, including to support damage assessments under section 415 and other departments and agencies of the Federal Government; establish a centralized system for the intelligence community for the storage of and access to information on foreign intelligence threat actors; support departments and agencies of the Federal Government that are not elements of the intelligence community with counterintelligence matters and resources; conduct outreach on counterintelligence matters to State, local, and tribal governments and public- and private-sector organizations and establish an information-sharing framework to allow Federal, State, local, and tribal governments and public- and private-sector organizations to share information on suspected foreign intelligence threats; and establish procedures, policies, and information-sharing frameworks for watchlisting, screening, vetting, and suspicious activity reporting for counterintelligence purposes. In carrying out the mission and duties of the National Counterintelligence Center, the Director of the National Counterintelligence Center may— carry out a counterintelligence activity; direct the head of an element of the intelligence community to carry out a counterintelligence activity; direct the head of an element of the intelligence community to receive the concurrence of the Director before such element carries out a counterintelligence activity; access all counterintelligence information, including investigative and operational information, in the possession of an element of the intelligence community; direct the head of department or agency of the Federal Government to provide the Director with information the Director considers necessary to carry out a damage assessment under section 415 or in any other circumstance where the Director determines a damage assessment is appropriate; direct the head of an element of the intelligence community to embed within such element an individual designated by the Director to serve as a liaison between such element and the Director with respect to counterintelligence activities; delegate authority to carry out a counterintelligence activity to the head of an element of the intelligence community; and transfer funds made available to the National Counterintelligence Center to another department or agency of the Federal Government to support counterintelligence activities of that department or agency. The head of each element of the intelligence community— shall carry out each counterintelligence activity that the Director of the National Counterintelligence Center directs the head of such element to carry out; may not carry out a counterintelligence activity with respect to which the Director of the National Counterintelligence Center directs the head of such element to receive the concurrence of the Director before such element carries out such counterintelligence activity until the head of such element receives such concurrence; provide access to all counterintelligence information in the possession of such element that is requested by the Director of the National Counterintelligence Center; provide information as the Director of the National Counterintelligence Center considers necessary to carry out a damage assessment under section 415 or in any other circumstance where the Director determines a damage assessment is appropriate; embed within such element an individual designated by the Director to serve as a liaison between such element and the Director with respect to counterintelligence activities; and promptly notify the Director of the National Counterintelligence Center of— each counterintelligence investigation initiated by the head of such element; and any intended or pending arrest of a person in a counterintelligence investigation. Nothing in this section shall be construed to affect the authority of the Attorney General to prosecute a violation of Federal criminal law. There is established within the National Intelligence Program a National Counterintelligence Program consisting of— all strategic counterintelligence activities, programs, and projects of the National Intelligence Program; and the activities, programs, and projects of the National Counterintelligence Center. The Director of the National Counterintelligence Center, in consultation with the heads of the elements of the intelligence community, shall develop and determine an annual budget for the National Counterintelligence Program. Not less than once every five years, the Director of the National Counterintelligence Center shall submit to the congressional intelligence committees a national counterintelligence outlook and long-term strategy report. Such report shall include— an overall forecast of the counterintelligence outlook and long-term strategy for the United States; an explanation of the strategic context of the outlook and strategy; an explanation of key drivers and trends of the outlook and strategy; projected counterintelligence capabilities of the United States and of adversary foreign entities; an identification of any risks or uncertainties with respect to the outlook and strategy; an identification of metrics or indicators with respect to the outlook and strategy; and any recommendations of the Director for policy changes to meet future counterintelligence challenges. Not less than once every three years, the Director of the National Counterintelligence Center shall submit to the congressional intelligence committees a strategy to be known as the National Counterintelligence Strategy . Each National Counterintelligence Strategy shall— align the counterintelligence activities of the intelligence community toward the strategic priorities of the United States; include a plan for implementing the strategy not later than one year after the date of the submission of the strategy; and include a plan for measuring the execution, performance, and effectiveness of the strategy during the two-year period beginning on the date on which the strategy is implemented. Not less than once every three years, the Director of the National Counterintelligence Center, in consultation with the heads of appropriate department and agencies of the Federal Government and private-sector entities, shall submit to the congressional intelligence committees a strategic planning assessment of the counterintelligence requirements of the United States to be known as the National Threat Identification and Prioritization Assessment . Not later than December 31 of each year, the Director of the National Counterintelligence Center, acting through the National Counterintelligence Task Force, shall submit to the congressional intelligence committees a report describing the activities of the Task Force during the preceding fiscal year. Such report shall include— a description of counterintelligence campaigns conducted during the period covered by the report; and a description of the efforts of the Task Force to coordinate counterintelligence campaigns throughout the Federal Government and the results of such efforts. The Director of the National Counterintelligence Center, acting through the National Counterintelligence Task Force, shall provide to the congressional intelligence committees a quarterly briefing on the activities of the Task Force during the preceding quarter. Not later than 30 days after the Director of the National Counterintelligence Center, acting through the National Counterintelligence Task Force, identifies a significant counterintelligence vulnerability or a significant outcome of a counterintelligence activity, the Director shall submit to the congressional intelligence committees notice and a description of such vulnerability or such outcome. . Section 101(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3021(c)(2) ) is amended by striking and the National Cyber Director and inserting the National Cyber Director, and the Director of the National Counterintelligence Center . Section 361(g) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108‑177; 117 Stat. 2625) is amended by striking Section 811(c) and inserting Section 811(e) . The amendment made by subparagraph

(A)shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108‑177). Subtitle B of title IV of the National Security Act of 1947, as added by subsection

(a)of this section, is amended by adding at the end a new section 414 consisting of— a heading as follows: ; and a text consisting of paragraphs

(1)through

(7)of subsection

(e)of section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103‑359; 50 U.S.C. 3381 ). Section 414 of the National Security Act of 1947, as added by paragraph

(2)of this section, is amended— by redesignating paragraphs

(1)through

(7)as subsections

(a)through (g), respectively (and redesignating the provisions in each paragraph and conforming the margins accordingly); in subsection (a), as redesignated by subparagraph (A)— by striking and inserting Except as provided in paragraph

(a); Except as provided in subsection

(a)Coordination.— in paragraph

(1)(as so redesignated), by inserting and the Director of the National Counterintelligence Center after the Federal Bureau of Investigation ; and in paragraph

(2)(as so redesignated), by striking subparagraph

(A)and inserting paragraph

(1); in subsection

(b)(as so redesignated), by striking and inserting Except as provided in paragraph

(b); Except as provided in subsection

(b)Espionage information.— in subsection

(c)(as so redesignated)— by striking and inserting

(c); and

(c)Impact assessment.— in paragraph (2)(A)— by striking subparagraph

(A)and inserting paragraph

(1); and by striking investigation under paragraph

(1)and inserting investigation under subsection

(a); in subsection

(d)(as so redesignated)— by striking and inserting

(d); and

(d)Notification of full espionage investigation.— in paragraph (2), by striking subparagraph

(A)and inserting paragraph

(1); in subsection

(e)(as so redesignated)— by striking and inserting

(e); and

(e)Waiver.— by striking paragraph (1), (2), or

(3)and inserting subsection (a), (b), or

(c); in subsection

(f)(as so redesignated), by striking and inserting

(f); and

(f)Rule of Construction.— in subsection

(g)(as so redesignated), by striking and inserting

(g).

(g)Definitions.— Section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359 ; 50 U.S.C. 3381 ) is repealed. Section 1105A of the National Security Act of 1947 ( 50 U.S.C. 3235a ) is— redesignated as section 415; and transferred so as to appear after section 414, as added by subsection

(d)of this section. Section 415 of the National Security Act of 1947, as redesignated by paragraph (1), is amended— by striking Director of National Intelligence each place it appears and inserting Director of the National Counterintelligence Center ; and by adding at the end the following new subsections: The head of each department or agency of the Federal Government shall— not later than 7 days after the head of such department or agency becomes aware of any actual or potential significant unauthorized disclosure or compromise of classified national intelligence, notify the Director of the National Counterintelligence Center of such disclosure or compromise; and not later than 30 days after the date on which the Director of the National Counterintelligence Center submits a request to the head of such department or agency for information the Director considers necessary to carry out a damage assessment pursuant to this section, provide the Director of the National Counterintelligence Center such information. Not later than 30 days after the date on which the Director of the National Counterintelligence Center determines the head of a department or agency of the Federal Government has violated the requirements of paragraph (1), the Director shall notify the congressional intelligence committees and the Inspector General of the Intelligence Community of the violation. Not later than 30 days after the head of a department or agency of the Federal Government determines that an actual or potential significant unauthorized disclosure or compromise of classified national intelligence impacts only that department or agency, the head of such department or agency shall provide to the Director of the National Counterintelligence Center notice of that determination. On January 31 and July 31 of each year, the Director of the National Counterintelligence Center shall submit to the congressional intelligence committees a report on actual or potential significant unauthorized disclosures or compromises of classified national intelligence. Each report shall include, with respect to the half-year period ending on the December 31 or June 30 preceding the submission of the report, respectively— an identification of any actual or potential unauthorized disclosures or compromises that occurred during the period covered by the report; the status of any action or dispensation with respect to each unauthorized disclosure or compromise— identified in accordance with paragraph (1); or for which notice and a description of the final resolution has not been provided to the congressional intelligence committees in a report required by this subsection; and a description of any determinations by the Director that an unauthorized disclosure or compromise of classified national intelligence was not significant for purposes of subsection (a)(1). .

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