Sec. 406. Transfer of National Counterintelligence and Security Center to Federal Bureau of Investigation

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In this subsection, the term appropriate committees of Congress means— the congressional intelligence committees; the Committee on the Judiciary and the Committee on Appropriations of the Senate; and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a plan to achieve the transfer of— the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation; and the duties of the Director of the National Counterintelligence and Security Center to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence.

On a date that is at least 180 days after the date on which the plan required by subsection

(a)is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer of the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation, including such staff and resources of the Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section. On a date that is at least 90 days after the date on which the plan required by subsection

(a)is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence of such duties of the Director of the National Counterintelligence and Security Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section. Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall complete the transfers initiated under paragraphs

(1)and (2). Any reduction in staff of the National Counterintelligence and Security Center shall comply with the requirements of section 403(b). Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date specified in subsection (h), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of the implementation of this section, including— the missions and functions of the National Counterintelligence and Security Center that have been transferred to the Federal Bureau of Investigation; the missions and functions of such Center that have been retained at the Office of the Director of National Intelligence; the missions and functions of such Center that have been transferred to another department or agency; and the missions and functions of such Center that have been terminated. Section 103F of the National Security Act of 1947 ( 50 U.S.C. 3031 ) is repealed. The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103F. Section 902 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3382 ) is amended— in the section heading, by striking and inserting Director ; Head by striking subsection

(a)and inserting the following: The head of the National Counterintelligence and Security Center shall be the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee. ; in subsection (b), by striking the Director and inserting the individual serving as the head of the National Counterintelligence and Security Center ; and in subsection (c)— in the matter preceding paragraph (1), by striking Subject to the direction and control of the Director of National Intelligence, the duties of the Director and inserting The duties of the head of the National Counterintelligence and Security Center ; and in paragraph (4), by striking Director of National Intelligence and inserting Director of the Federal Bureau of Investigation . Section 904 of such Act ( 50 U.S.C. 3383 ) is amended— in subsection (a), by inserting in the Counterintelligence Division of the Federal Bureau of Investigation before the period at the end; in subsection (b), by striking Director of the National Counterintelligence and Security Center and inserting Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee ; in subsection (c), by striking Office of the Director of National Intelligence and inserting Counterintelligence Division of the Federal Bureau of Investigation ; in subsection (e)— in the matter preceding paragraph (1), by striking Director of and inserting head of ; and in paragraphs (2)(B), (4), and (5), by striking Director of National Intelligence each place it appears and inserting Director of the Federal Bureau of Investigation ; in subsection (f)(3), by striking Director and inserting head ; in subsection (g)(2), by striking Director and inserting head ; and in subsection (i), by striking Office of the Director of National Intelligence and inserting Counterintelligence Division of the Federal Bureau of Investigation . Section 5315 of title 5, United States Code, is amended by striking the item relating to the Director of the National Counterintelligence and Security Center. The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended— in section 103(c) ( 50 U.S.C. 3025(c) ), by striking paragraph (9); in section 1107 ( 50 U.S.C. 3237 )— in subsection (a), by striking the Director and inserting the head ; and in subsection (c), by striking the Director shall and inserting the head of the National Counterintelligence and Security Center shall ; and in section 1108 ( 50 U.S.C. 3238 )— in subsection (a), by striking the Director and inserting the head ; and in subsection (c), by striking the Director shall and inserting the head of the National Counterintelligence and Security Center shall . The Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92 ) is amended— in section 6306(c)(6) ( 50 U.S.C. 3370(c)(6) ), by striking the Director and inserting the head ; and in section 6508 ( 50 U.S.C. 3371d ), by striking Director of National Intelligence both places it appears and inserting Director of the Federal Bureau of Investigation . Section 811 of the Intelligence Authorization Act for Fiscal Year 1995 ( 50 U.S.C. 3381 ) is amended— by striking Director of the National Counterintelligence and Security Center each place it appears and inserting head of the National Counterintelligence and Security Center ; and in subsection (b), by striking appointed . Section 7318 of the Intelligence Authorization Act for Fiscal Year 2024 ( 50 U.S.C. 3384 ) is amended— in subsection (c)— in paragraph (1), by striking , acting through the Director of the National Counterintelligence and Security Center, ; and in paragraph (3), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence, as the Security Executive Agent, ; and in subsection (d)— in paragraph (1)— in subparagraph (A)(i), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence ; and in subparagraph (B), by striking National Counterintelligence and Security Center both places it appears and inserting Federal Bureau of Investigation ; and in paragraph (2)(A), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence . Section 7334(c)(2) of the Intelligence Authorization Act for Fiscal Year 2024 ( 50 U.S.C. 3385(c)(2) ) is amended by striking Director of the National Counterintelligence and Security Center and inserting head of the National Counterintelligence and Security Center . The amendments made by this section shall take effect on the date that is 2 years after the date of the enactment of this Act. On and after the date that is 2 years after the date of the enactment of this Act, any reference to the Director of the National Counterintelligence and Security Center in law shall be treated as a reference to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director’s designee acting on behalf of the Assistant Director as the head of the National Counterintelligence and Security Center. Nothing in this section shall preclude the Director of National Intelligence from determining that— certain coordinating functions of the National Counterintelligence and Security Center shall be retained at the Office of the Director of National Intelligence consistent with the authorities of the Director under section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ), transferred to another department or agency, or terminated; or certain missions or functions of the National Counterintelligence and Security Center shall be transferred to another department or agency, or terminated.

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