PUBLIC LAW 107-306—NOV. 27, 2002 116 STAT. 2433 (3) To act as head of the Office of the National Counterintel- Ugence Executive under section 904. (4) To participate as an observer on such boards, committees, and entities of the executive branch as the President considers appropriate for the discharge of the mission and functions of the Executive and the Office of the National Counterintelligence Executive under section 904. SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD. (a) CHAIRPERSON. —Section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VII of Public Law 103- 359; 50 U.S.C. 402a), as amended by section 811(b)(5)(B) of this Act, is further amended— (1) by striking subsection (b); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (a) the following new subsection (b): "(b) CHAIRPERSON.—The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 shall serve as the chairperson of the Board.". (b) MEMBERSHIP.—That section is further amended by inserting after subsection (b), as amended by subsection (a)(3) of this section, the following new subsection (c): "(c) MEMBERSHIP.— The membership of the National Counterintelligence Policy Board shall consist of the following: "(1) The National Counterintelligence Executive. "(2) Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows: "(A) The Department of Justice, including the Federal Bureau of Investigation. "(B) The Department of Defense, including the Joint Chiefs of Staff. "(C) The Department of State. "(D) The Department of Energy. "(E) The Central Intelligence Agency. "(F) Any other department, agency, or element of the United States Government specified by the President.". (c) FUNCTIONS AND DISCHARGE OF FUNCTIONS. — That section is further amended by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection: "(d) FUNCTIONS AND DISCHARGE OF FUNCTIONS. —(1) The Board shall— "(A) serve as the principal mechanism for— "(i) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and "(ii) upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and "(B) act as an interagency working group to— "(i) ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and "(ii) provide advice to the National Counterintelligence Executive on priorities in the implementation of the National Counterintelligence Strategy produced by the
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