50 U.S.C. § 3058 — National Intelligence Centers

Page 651 TITLE 50—WAR AND NATIONAL DEFENSE § 3058 Subsec. (b)(1)(E). Pub. L. 118–159, § 6502(2)(A)(iv), in- serted ‘‘and coordinating’’ after ‘‘Conducting’’. Subsec. (b)(1)(G). Pub. L. 118–159, § 6502(2)(A)(v), sub- stituted ‘‘Coordinating and advancing’’ for ‘‘Con- ducting’’. Subsec. (b)(2)(B). Pub. L. 118–159, § 6502(2)(B)(i), struck out ‘‘and analysis’’ after ‘‘coordinating the collection’’. Subsec. (b)(2)(C). Pub. L. 118–159, § 6502(2)(B)(iii), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (b)(2)(D). Pub. L. 118–159, § 6502(2)(B)(ii), (iv), redesignated subpar. (C) as (D) and inserted ‘‘on mat- ters relating to biosecurity and foreign biological threats’’ after ‘‘public health’’. Former subpar. (D) re- designated (E). Subsec. (b)(2)(E). Pub. L. 118–159, § 6502(2)(B)(ii), redes- ignated subpar. (D) as (E). Former subpar. (E) redesig- nated (F). Subsec. (b)(2)(F). Pub. L. 118–159, § 6502(2)(B)(v), which directed insertion of ‘‘and authorities’’ after ‘‘capabili- ties’’, was executed by making the insertion after ‘‘ca- pabilities’’ the second place appearing, to reflect the probable intent of Congress. Pub. L. 118–159, § 6502(2)(B)(ii), redesignated subpar. (E) as (F). Subsec. (b)(2)(G). Pub. L. 118–159, § 6502(2)(B)(vi), added subpar. (G). 2022—Pub. L. 117–103, § 401(a), (d), substituted ‘‘Counterproliferation and Biosecurity’’ for ‘‘Counter Proliferation’’ in section catchline and ‘‘National Counterproliferation and Biosecurity Center’’ for ‘‘Na- tional Counter Proliferation Center’’ and ‘‘counterproliferation’’ for ‘‘counter proliferation’’ wherever appearing in text. Subsec. (a)(1). Pub. L. 117–103, § 401(b)(1), inserted dash after ‘‘government tools to’’ and subpar. (A) designa- tion before ‘‘prevent’’ and added subpar. (B). Subsec. (a)(4). Pub. L. 117–103, § 401(b)(2), added par. (4). Subsec. (b). Pub. L. 117–103, § 401(c), designated intro- ductory provisions as par. (1) and inserted heading, re- designated former pars. (1) to (7) as subpars. (A) to (G), respectively, of par. (1) and realigned margins, and added par. (2). 2010—Subsec. (a). Pub. L. 111–259 designated existing provisions as par. (1), substituted ‘‘The’’ for ‘‘Not later than 18 months after December 17, 2004, the’’, and added pars. (2) and (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. REFERENCE TO NATIONAL COUNTER PROLIFERATION CENTER Pub. L. 117–103, div. X, title IV, § 401(e), Mar. 15, 2022, 136 Stat. 975, provided that: ‘‘Any reference in any law, regulation, guidance, instruction, or other document of the United States Government to the National Counter Proliferation Center shall be deemed to refer to the Na- tional Counterproliferation and Biosecurity Center.’’ Executive Documents DELEGATION OF FUNCTIONS Reporting functions of President under this section assigned to the Director of National Intelligence by section 3 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of Title 3, The President. § 3058. National Intelligence Centers (a) Authority to establish The Director of National Intelligence may es- tablish one or more national intelligence cen- ters to address intelligence priorities, including, but not limited to, regional issues. (b) Resources of directors of centers (1) The Director of National Intelligence shall ensure that the head of each national intel- ligence center under subsection (a) has appro- priate authority, direction, and control of such center, and of the personnel assigned to such center, to carry out the assigned mission of such center. (2) The Director of National Intelligence shall ensure that each national intelligence center has appropriate personnel to accomplish effec- tively the mission of such center. (c) Information sharing The Director of National Intelligence shall, to the extent appropriate and practicable, ensure that each national intelligence center under subsection (a) and the other elements of the in- telligence community share information in order to facilitate the mission of such center. (d) Mission of centers Pursuant to the direction of the Director of National Intelligence, each national intelligence center under subsection (a) may, in the area of intelligence responsibility assigned to such cen- ter— (1) have primary responsibility for providing all-source analysis of intelligence based upon intelligence gathered both domestically and abroad; (2) have primary responsibility for identi- fying and proposing to the Director of Na- tional Intelligence intelligence collection and analysis and production requirements; and (3) perform such other duties as the Director of National Intelligence shall specify. (e) Review and modification of centers The Director of National Intelligence shall de- termine on a regular basis whether— (1) the area of intelligence responsibility as- signed to each national intelligence center under subsection (a) continues to meet appro- priate intelligence priorities; and (2) the staffing and management of such cen- ter remains appropriate for the accomplish- ment of the mission of such center. (f) Termination The Director of National Intelligence may ter- minate any national intelligence center under subsection (a). (g) Separate budget account The Director of National Intelligence shall, as appropriate, include in the National Intelligence Program budget a separate line item for each national intelligence center under subsection (a). (July 26, 1947, ch. 343, title I, § 119B, as added Pub. L. 108–458, title I, § 1023, Dec. 17, 2004, 118 Stat. 3676.) Page 652 TITLE 50—WAR AND NATIONAL DEFENSE § 3059 Editorial Notes CODIFICATION Section was formerly classified to section 404o–2 of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 3059. Foreign Malign Influence Center (a) Establishment There is within the Office of the Director of National Intelligence a Foreign Malign Influ- ence Center (in this section referred to as the ‘‘Center’’). (b) Functions and composition The Center shall— (1) be comprised of analysts from all ele- ments of the intelligence community, includ- ing elements with diplomatic and law enforce- ment functions; (2) have access to all intelligence and other reporting possessed or acquired by the United States Government pertaining to foreign ma- lign influence; (3) serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or ac- quired by the United States Government per- taining to foreign malign influence; and (4) provide to employees and officers of the Federal Government in policy-making posi- tions and Congress comprehensive assess- ments, and indications and warnings, of for- eign malign influence. (c) Director (1) Appointment There is a Director of the Center, who shall be the head of the Center, and who shall be ap- pointed by the Director of National Intel- ligence. (2) Role The Director of the Center shall— (A) report directly to the Director of Na- tional Intelligence; (B) carry out the functions under sub- section (b); and (C) at the request of the President or the Director of National Intelligence, develop and provide recommendations for potential responses by the United States to foreign malign influence. (d) Annual reports (1) In general In addition to the matters submitted pursu- ant to subsection (b)(4), at the direction of the Director of National Intelligence, but not less than once each year, the Director of the Cen- ter shall submit to the congressional intel- ligence committees, the Committee on For- eign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on foreign malign influ- ence. (2) Matters included Each report under paragraph (1) shall in- clude, with respect to the period covered by the report, a discussion of the following: (A) The most significant activities of the Center. (B) Any recommendations the Director de- termines necessary for legislative or other actions to improve the ability of the Center to carry out its functions, including rec- ommendations regarding the protection of privacy and civil liberties. (e) Termination After December 31, 2028, the Director of Na- tional Intelligence may terminate the Center, but only if the Director of National Intelligence submits to the congressional intelligence com- mittees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representa- tives a determination that the termination of the Center is appropriate, which includes— (1) a detailed description that other offices or entities within the intelligence commu- nity— (A) have the capabilities to perform the functions of the Center; and (B) will exercise the functions of the Cen- ter upon the termination of the Center; and (2) a detailed description of— (A) the actions the Director of National In- telligence will take to conduct an orderly wind-down of the activities of the Center; and (B) the proposed timeline for such actions. (f) Definitions In this section: (1) Covered foreign country The term ‘‘covered foreign country’’ means the following: (A) The Russian Federation. (B) The Islamic Republic of Iran. (C) The Democratic People’s Republic of Korea. (D) The People’s Republic of China. (E) Any other foreign country that the Di- rector of the Center determines appropriate for purposes of this section. (2) Foreign malign influence The term ‘‘foreign malign influence’’ means any hostile effort undertaken by, at the direc- tion of, or on behalf of or with the substantial support of, the government of a covered for- eign country with the objective of influencing, through overt or covert means— (A) the political, military, economic, or other policies or activities of the United States Government or State or local govern- ments, including any election within the United States; or