From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and August 28, 1996]
[CITE: 50USC402a]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 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) Function of Board

    The Board shall serve as the principal mechanism for--
        (1) developing policies and procedures for the approval of the 
    President to govern the conduct of counterintelligence activities; 
    and
        (2) resolving conflicts, as directed by the President, which may 
    arise between elements of the Government which carry out such 
    activities.

(c) Coordination of counterintelligence matters with Federal Bureau of 
        Investigation

    (1) Except as provided in paragraph (3), 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 (3), 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 to the department or 
agency concerned, and that such departments or agencies are consulted 
with respect to espionage investigations undertaken by the Federal 
Bureau of Investigation which involve the personnel, operations, or 
information of such department or agency after a report has been 
provided pursuant to paragraph (1)(A).
    (3) 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) or 
(2), 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.
    (4) The Director of the Federal Bureau of Investigation shall, in 
consultation with the Director of Central Intelligence and the Secretary 
of Defense, report annually, beginning on February 1, 1995, and 
continuing each year thereafter, to the Select Committee on Intelligence 
of the Senate and to the Permanent Select Committee on Intelligence of 
the House of Representatives and, in accordance with applicable security 
procedures, the Committees on the Judiciary of the House of 
Representatives and the Senate with respect to compliance with 
paragraphs (1) and (2) during the previous calendar year.
    (5) 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.
    (6) 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.
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    \1\ So in original. Probably should be ``section''.
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(Pub. L. 103-359, title VIII, Sec. 811, Oct. 14, 1994, 108 Stat. 3455.)

                          Codification

    Section was enacted as part of the Counterintelligence and Security 
Enhancements Act of 1994 and also as part of the Intelligence 
Authorization Act for Fiscal Year 1995, and not as part of the National 
Security Act of 1947 which comprises this chapter.


