Title 50, War and National DefenseRelease 119-110

§3384 Intelligence Community Counterintelligence Office at the Department of Agriculture

Title 50 › CHAPTER 45 — MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES › SUBCHAPTER V — MANAGEMENT OF COUNTERINTELLIGENCE ACTIVITIES › § 3384

Last updated Sep 22, 2026|Official source

Summary

Creates an office called the Intelligence Community Counterintelligence Office inside the Department of Agriculture. The Director of National Intelligence, through the National Counterintelligence and Security Center, must agree with the Secretary of Agriculture to set it up at USDA headquarters near the department leaders. The National Counterintelligence and Security Center will protect classified information and run the security controls. A Director, picked by the Director of National Intelligence, must be an intelligence community employee with strong counterintelligence experience, serve for 3 years, and be supervised and reviewed by the National Counterintelligence and Security Center with input from the Secretary. The Director will advise the Secretary, make sure counterintelligence and related intelligence reach the right Department staff quickly, set up ways for Department experts (including those without security clearances) to work with the intelligence community, coordinate threat analysis and partnerships, and help with National Security Council engagement when appropriate. The Secretary, working with the Director of National Intelligence, will appoint a Deputy Director who is a current or former Department employee and serves as long as the Secretary wants. Other staff will come from the intelligence community and federal agencies as joint duty assignments of at least 2 years and will operate under the Director of National Intelligence’s authority while assigned. The DNI will pay agencies for permanent moves and may give a 10 percent incentive of base annual pay to employees who join within 120 days after the office is set up; employees who agree to serve at least 2 years and perform exceptionally may get another 10 percent after completing 2 years. With advance approval from Congress, the DNI may use National Intelligence Program funds to renovate and equip space, provide secure communications and IT, assign support staff, and pay other needed services. The DNI must seek to establish the office by January 1, 2025, and must report the plan, costs, and schedule to the congressional intelligence committees and the House and Senate Appropriations Committees not later than 180 days after December 22, 2023.

Full Legal Text

Title 50, §3384

War and National Defense, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Department
(2)Secretary
The term “Secretary” means the Secretary of Agriculture.
(b)Omitted
(c)Establishment of Intelligence Community Counterintelligence Office
(1)Agreement with Secretary of Agriculture
The Director of National Intelligence, acting through the Director of the National Counterintelligence and Security Center, shall seek to enter into an agreement with the Secretary under which the Director of National Intelligence and the Secretary shall establish within the Department an office, which shall be known as the “Intelligence Community Counterintelligence Office”, in accordance with this section.
(2)Location
The Intelligence Community Counterintelligence Office established pursuant to this section shall be physically located within the headquarters of the Department and within reasonable proximity to the offices of the leadership of the Department.
(3)Security
The Director of the National Counterintelligence and Security Center shall be responsible for the protection of classified information and for the establishment and enforcement of all security-related controls within the Intelligence Community Counterintelligence Office.
(d)Personnel
(1)Director (2) Deputy Director (3) Other employees
(A)Appointment
There shall be at the head of the Intelligence Community Counterintelligence Office a Director who is appointed by the Director of National Intelligence. The Director of the Intelligence Community Counterintelligence Office shall—
(i)be supervised and subject to performance evaluations by the Director of the National Counterintelligence and Security Center, in consultation with the Secretary;
(ii)be an employee of the intelligence community with significant counterintelligence experience; and
(iii)serve for a period of 3 years.
(B)Responsibilities
The Director of the Intelligence Community Counterintelligence Office shall carry out the following responsibilities:
(i)Serving as the head of the Intelligence Community Counterintelligence Office, with supervisory responsibility for the Intelligence Community Counterintelligence Office and any other personnel assigned to the Intelligence Community Counterintelligence Office.
(ii)Advising the Secretary on counterintelligence and intelligence information.
(iii)Ensuring that counterintelligence threat information and, as appropriate, finished intelligence on topics related to the functions of the Department, are provided to appropriate personnel of the department or agency without delay.
(iv)Ensuring critical intelligence relevant to the Secretary is requested and disseminated in a timely manner.
(v)Establishing, as appropriate, mechanisms for collaboration through which Department subject matter experts, including those without security clearances, can share information and expertise with the intelligence community.
(vi)Correlating and evaluating counterintelligence threats identified within intelligence community reporting, in coordination with the National Counterintelligence and Security Center, and providing appropriate dissemination of such intelligence to officials of the Department with a need-to-know.
(vii)Advising the Secretary on methods to improve the counterintelligence posture of the Department.
(viii)Where appropriate, supporting the Department’s leadership in engaging with the National Security Council.
(ix)In coordination with the National Counterintelligence and Security Center, establishing counterintelligence partnerships to improve the counterintelligence defense of the Department.
(e)Funding
To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director of National Intelligence may expend such sums as are authorized within the National Intelligence Program of the Office of the Director of National Intelligence for— (1)
(2)the provision of connectivity to the Intelligence Community Counterintelligence Office to enable briefings, secure audio and video communications, and collaboration between employees of the Department and the intelligence community at the unclassified, secret, and top secret levels;
(3)the provision of other information technology systems and devices, such as computers, printers, and phones, for use by employees of the Intelligence Community Counterintelligence Office;
(4)the assignment of employees of the intelligence community to support the operation of the Intelligence Community Counterintelligence Office; and
(5)the provision of other personal services necessary for the operation of the Intelligence Community Counterintelligence Office.
(f)Deadline for establishment of the Intelligence Community Counterintelligence Office
(1)Establishment
Not later than January 1, 2025, the Director of National Intelligence shall seek to establish, in accordance with this section, the Intelligence Community Counterintelligence Office within the Department.
(2)Report
Not later than 180 days after December 22, 2023, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the plan to establish the Intelligence Community Counterintelligence Office required under paragraph (1). Such report shall include the costs and schedule associated with establishing the Intelligence Community Counterintelligence Office.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 7318 of Pub. L. 118–31. Subsec. (b) of section 7318 of Pub. L. 118–31 repealed section 415 of Pub. L. 117–103, formerly set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 7002 of Pub. L. 118–31, set out as a note under section 3003 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3384

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110