Sec. 401. DESIGNATION OF THE DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER

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## SEC. 401 DESIGNATION OF THE DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER ###

(a)In general ####

(1)In general Section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as follows: > > ## “SEC. 902 DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER > > > ### “(a) Establishment > > There shall be a Director of the National Counterintelligence and Security Center (referred to in this section as the ‘Director’), who shall be appointed by the President, by and with the advice and consent of the Senate. > > > ### “(b) Mission > > The mission of the Director shall be to serve as the head of national counterintelligence for the United States Government. > > > ### “(c) Duties > > Subject to the direction and control of the Director of National Intelligence, the duties of the Director are as follows: > > > #### “(1) > > To carry out the mission referred to in subsection (b). > > > #### “(2) > > To act as chairperson of the National Counterintelligence Policy Board established under section 811 of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381). > > > #### “(3) > > To act as head of the National Counterintelligence and Security Center established under section 904. > > > #### “(4) > > To participate as an observer on such boards, committees, and entities of the executive branch as the Director of National Intelligence considers appropriate for the discharge of the mission and functions of the Director and the National Counterintelligence and Security Center under section 904.” > . ####

(2)Table of contents amendment The table of contents in section 1(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) is amended by striking the item relating to section 902 and inserting the following:" “Sec. 902. Director of the National Counterintelligence and Security Center.” ". ####

(3)Technical effective date **[**[50 U.S.C. 3382](/us/usc/t50/s3382)**]** The amendment made by subsection

(a)of section 401 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114-113) shall not take effect, or, if the date of the enactment of this Act is on or after the effective date specified in subsection

(b)of such section, such amendment shall be deemed to not have taken effect. ###

(b)National Counterintelligence and Security Center ####

(1)In general Section 904 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383) is amended— #####

(A)by striking the section heading and inserting “national counterintelligence and security center.”; and #####

(B)by striking subsections (a), (b), and

(c)and inserting the following: > > ### “(a) Establishment > > There shall be a National Counterintelligence and Security Center. > > > ### “(b) Head of Center > > The Director of the National Counterintelligence and Security Center shall be the head of the National Counterintelligence and Security Center. > > > ### “(c) Location of Center > > The National Counterintelligence and Security Center shall be located in the Office of the Director of National Intelligence.” > . ####

(2)Functions Section 904(d) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended— #####

(A)in the matter preceding paragraph (1), by striking “National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive” and inserting “Director of the National Counterintelligence and Security Center, the functions of the National Counterintelligence and Security Center”; #####

(B)in paragraph (5), in the matter preceding subparagraph (A), by striking “In consultation with” and inserting “At the direction of”; and #####

(C)in paragraph (6), in the matter preceding subparagraph (A), by striking “Office” and inserting “National Counterintelligence and Security Center”. ####

(3)Personnel Section 904(f) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended— #####

(A)in paragraph (1), by striking “Office of the National Counterintelligence Executive may consist of personnel employed by the Office” and inserting “National Counterintelligence and Security Center may consist of personnel employed by the Center”; and #####

(B)in paragraph (2), by striking “National Counterintelligence Executive” and inserting “Director of the National Counterintelligence and Security Center”. ####

(4)Treatment of activities under certain administrative laws Section 904(g) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(g)) is amended by striking “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)” and inserting “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)”. ####

(5)Oversight by congress Section 904(h) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(h)) is amended— #####

(A)in the matter preceding paragraph (1), by striking “Office of the National Counterintelligence Executive” and inserting “National Counterintelligence and Security Center”; and #####

(B)in paragraphs

(1)and (2), by striking “Office” and inserting “Center” both places that term appears. ####

(6)Table of contents amendment The table of contents in section 1(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383), as amended by subsection (a)(2), is further amended by striking the item relating to section 904 and inserting the following:" “Sec. 904. National Counterintelligence and Security Center.” ". ###

(c)Oversight of National Intelligence Centers Section 102A(f)(2) of the National Security Act of 1947 (50 U.S.C. 3024(f)(2)) is amended by inserting “, the National Counterproliferation Center, and the National Counterintelligence and Security Center” after “National Counterterrorism Center”. ###

(d)Director of the National Counterintelligence and Security Center Within the Office of the Director of National Intelligence Paragraph

(8)of section 103(c) of the National Security Act of 1947 (50 U.S.C. 3025(c)) is amended to read as follows: > > #### “(8) > > The Director of the National Counterintelligence and Security Center.” > . ###

(e)Duties of the Director of the National Counterintelligence and Security Center ####

(1)In general Section 103F of the National Security Act of 1947 (50 U.S.C. 3031) is amended— #####

(A)by striking the section heading and inserting “director of the national counterintelligence and security center”; #####

(B)in subsection (a)— ######

(i)by striking the subsection heading and inserting “Director of the National Counterintelligence and Security Center.—”; and ######

(ii)by striking “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 402b et seq.)” and inserting “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)”; and #####

(C)in subsection (b), by striking “National Counterintelligence Executive” and inserting “Director of the National Counterintelligence and Security Center”. ####

(2)Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by striking the item relating to section 103F and inserting the following:" “Sec. 103F. Director of the National Counterintelligence and Security Center.” ". ###

(f)Coordination of Counterintelligence Activities Section 811 of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381) is amended— ####

(1)in subsection (b), by striking “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002” and inserting “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)”; ####

(2)in subsection (c)(1), by striking “National Counterintelligence Executive.” and inserting “Director of the National Counterintelligence and Security Center.”; and ####

(3)in subsection (d)(1)(B)(ii)— #####

(A)by striking “National Counterintelligence Executive” and inserting “Director of the National Counterintelligence and Security Center”; and #####

(B)by striking “by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act” and inserting “pursuant to section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))”. ###

(g)Intelligence and National Security Aspects of Espionage Prosecutions Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended by striking “Office of the National Counterintelligence Executive,” and inserting “National Counterintelligence and Security Center,”.

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