50 U.S.C. § 3056 — National Counterterrorism Center

Page 647 TITLE 50—WAR AND NATIONAL DEFENSE § 3056 randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 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. § 3055. Annual report on financial intelligence on terrorist assets (a) Annual report On an annual basis, the Secretary of the Treasury (acting through the head of the Office of Intelligence Support) shall submit a report to the appropriate congressional committees that fully informs the committees concerning oper- ations against terrorist financial networks. Each such report shall include with respect to the preceding one-year period— (1) the total number of asset seizures, des- ignations, and other actions against individ- uals or entities found to have engaged in fi- nancial support of terrorism; (2) the total number of physical searches of offices, residences, or financial records of indi- viduals or entities suspected of having en- gaged in financial support for terrorist activ- ity; and (3) whether the financial intelligence infor- mation seized in these cases has been shared on a full and timely basis with the all depart- ments, agencies, and other entities of the United States Government involved in intel- ligence activities participating in the Foreign Terrorist Asset Tracking Center. (b) Immediate notification for emergency des- ignation In the case of a designation of an individual or entity, or the assets of an individual or entity, as having been found to have engaged in ter- rorist activities, the Secretary of the Treasury shall report such designation within 24 hours of such a designation to the appropriate congres- sional committees. (c) Submittal date of reports to congressional in- telligence committees In the case of the reports required to be sub- mitted under subsection (a) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 3106 of this title. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means the following: (1) The Permanent Select Committee on In- telligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives. (2) The Select Committee on Intelligence, the Committee on Appropriations, the Com- mittee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (July 26, 1947, ch. 343, title I, § 118, as added Pub. L. 107–306, title III, § 342(a)(1), Nov. 27, 2002, 116 Stat. 2398; amended Pub. L. 111–259, title III, § 347(d), Oct. 7, 2010, 124 Stat. 2698; Pub. L. 117–263, div. F, title LXVIII, § 6824(a)(3), Dec. 23, 2022, 136 Stat. 3615.) Editorial Notes CODIFICATION Section was formerly classified to section 404m of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘an an- nual’’ for ‘‘a annual’’ in introductory provisions. 2010—Pub. L. 111–259, § 347(d)(1), substituted ‘‘Annual’’ for ‘‘Semiannual’’ in section catchline. Subsec. (a). Pub. L. 111–259, § 347(d)(2)(A), (B), in head- ing, substituted ‘‘Annual’’ for ‘‘Semiannual’’ and, in in- troductory provisions, substituted ‘‘annual basis’’ for ‘‘semiannual basis’’ and ‘‘preceding one-year period’’ for ‘‘preceding six-month period’’. Subsec. (a)(2) to (4). Pub. L. 111–259, § 347(d)(2)(C), (D), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘the total number of applications for asset seizure and designations of individuals or entities suspected of hav- ing engaged in financial support of terrorist activities that were granted, modified, or denied;’’. Subsec. (d)(1), (2). Pub. L. 111–259, § 347(d)(3), inserted ‘‘the Committee on Armed Services,’’ after ‘‘the Com- mittee on Appropriations,’’. § 3056. National Counterterrorism Center (a) Establishment of Center There is within the Office of the Director of National Intelligence a National Counterterrorism Center. (b) Director of National Counterterrorism Center (1) There is a Director of the National Counterterrorism Center, who shall be the head of the National Counterterrorism Center, and who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The Director of the National Counterterrorism Center may not simulta- neously serve in any other capacity in the exec- utive branch. (c) Reporting (1) The Director of the National Counterterrorism Center shall report to the Di- rector of National Intelligence with respect to matters described in paragraph (2) and the President with respect to matters described in paragraph (3). (2) The matters described in this paragraph are as follows: (A) The budget and programs of the National Counterterrorism Center. (B) The activities of the Directorate of Intel- ligence of the National Counterterrorism Cen- ter under subsection (i). (C) The conduct of intelligence operations implemented by other elements of the intel- ligence community; and (3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other than intel- ligence operations). (d) Primary missions The primary missions of the National Counterterrorism Center shall be as follows: Page 648 TITLE 50—WAR AND NATIONAL DEFENSE § 3056 (1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism. (2) To conduct strategic operational plan- ning for counterterrorism activities, inte- grating all instruments of national power, in- cluding diplomatic, financial, military, intel- ligence, homeland security, and law enforce- ment activities within and among agencies. (3) To assign roles and responsibilities as part of its strategic operational planning du- ties to lead Departments or agencies, as appro- priate, for counterterrorism activities that are consistent with applicable law and that sup- port counterterrorism strategic operational plans, but shall not direct the execution of any resulting operations. (4) To ensure that agencies, as appropriate, have access to and receive all-source intel- ligence support needed to execute their counterterrorism plans or perform inde- pendent, alternative analysis. (5) To ensure that such agencies have access to and receive intelligence needed to accom- plish their assigned activities. (6) To serve as the central and shared knowl- edge bank on known and suspected terrorists and international terror groups, as well as their goals, strategies, capabilities, and net- works of contacts and support. (e) Domestic counterterrorism intelligence (1) The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 3024(b) of this title, receive intelligence pertaining exclusively to domestic counterterrorism from any Federal, State, or local government or other source nec- essary to fulfill its responsibilities and retain and disseminate such intelligence. (2) Any agency authorized to conduct counterterrorism activities may request infor- mation from the Center to assist it in its respon- sibilities, consistent with applicable law and the guidelines referred to in section 3024(b) of this title. (f) Duties and responsibilities of Director (1) The Director of the National Counterterrorism Center shall— (A) serve as the principal adviser to the Di- rector of National Intelligence on intelligence operations relating to counterterrorism; (B) provide strategic operational plans for the civilian and military counterterrorism ef- forts of the United States Government and for the effective integration of counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States; (C) advise the Director of National Intel- ligence on the extent to which the counterterrorism program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities estab- lished by the President; (D) disseminate terrorism information, in- cluding current terrorism threat analysis, to the President, the Vice President, the Secre- taries of State, Defense, and Homeland Secu- rity, the Attorney General, the Director of the Central Intelligence Agency, and other offi- cials of the executive branch as appropriate, and to the appropriate committees of Con- gress; (E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in section 3024(b) of this title, Executive orders and other Presidential guidance, to State and local government offi- cials, and other entities, and coordinate dis- semination of terrorism information to for- eign governments as approved by the Director of National Intelligence; (F) develop a strategy for combining ter- rorist travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find ter- rorist travel facilitators, and constrain ter- rorist mobility; (G) have primary responsibility within the United States Government for conducting net assessments of terrorist threats; (H) consistent with priorities approved by the President, assist the Director of National Intelligence in establishing requirements for the intelligence community for the collection of terrorism information; and (I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law. (2) Nothing in paragraph (1)(G) shall limit the authority of the departments and agencies of the United States to conduct net assessments. (g) Limitation The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations. (h) Resolution of disputes The Director of National Intelligence shall re- solve disagreements between the National Counterterrorism Center and the head of a de- partment, agency, or element of the United States Government on designations, assign- ments, plans, or responsibilities under this sec- tion. The head of such a department, agency, or element may appeal the resolution of the dis- agreement by the Director of National Intel- ligence to the President. (i) Directorate of Intelligence The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Intelligence which shall have primary respon- sibility within the United States Government for analysis of terrorism and terrorist organiza- tions (except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or outside the United States. (j) Directorate of Strategic Operational Planning (1) The Director of the National Counterterrorism Center shall establish and Page 649 TITLE 50—WAR AND NATIONAL DEFENSE § 3057 maintain within the National Counterterrorism Center a Directorate of Strategic Operational Planning which shall provide strategic oper- ational plans for counterterrorism operations conducted by the United States Government. (2) Strategic operational planning shall in- clude the mission, objectives to be achieved, tasks to be performed, interagency coordination of operational activities, and the assignment of roles and responsibilities. (3) The Director of the National Counterterrorism Center shall monitor the im- plementation of strategic operational plans, and shall obtain information from each element of the intelligence community, and from each other department, agency, or element of the United States Government relevant for moni- toring the progress of such entity in imple- menting such plans. (July 26, 1947, ch. 343, title I, § 119, as added Pub. L. 108–458, title I, § 1021, Dec. 17, 2004, 118 Stat. 3672; amended Pub. L. 111–259, title VIII, § 804(5), Oct. 7, 2010, 124 Stat. 2747.) Editorial Notes CODIFICATION Section was formerly classified to section 404o of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (c)(2)(B). Pub. L. 111–259 substituted ‘‘subsection (i)’’ for ‘‘subsection (h)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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. STRATEGY FOR COUNTERTERRORIST TRAVEL INTELLIGENCE Pub. L. 108–458, title VII, § 7201(b), Dec. 17, 2004, 118 Stat. 3809, directed the Director of the National Counterterrorism Center, not later than 1 year after Dec. 17, 2004, to submit to Congress unclassified and classified versions of a strategy, to be developed in co- ordination with all relevant Federal agencies, for com- bining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terror- ists, find terrorist travel facilitators, and constrain ter- rorist mobility domestically and internationally. Executive Documents EXECUTIVE ORDER NO. 13354 Ex. Ord. No. 13354, Aug. 27, 2004, 69 F.R. 53589, which established a National Counterterrorism Center, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title. § 3057. National Counterproliferation and Bio- security Center (a) Establishment (1) The President shall establish a National Counterproliferation and Biosecurity Center, taking into account all appropriate government tools to— (A) prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and tech- nologies; and (B) lead integration and mission manage- ment of all intelligence activities pertaining to biosecurity and foreign biological threats. (2) The head of the National Counterproliferation and Biosecurity Center shall be the Director of the National Counterproliferation and Biosecurity Center, who shall be appointed by the Director of Na- tional Intelligence. (3) The National Counterproliferation and Bio- security Center shall be located within the Of- fice of the Director of National Intelligence. (4) The Director of the National Counterproliferation and Biosecurity Center shall serve as the principal coordinator for the intelligence community, and as the principal ad- visor to the Director of National Intelligence, with respect to counterproliferation, biosecu- rity, and foreign biological threats. (b) Missions and objectives (1) Counterproliferation In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following mis- sions and objectives to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies: (A) Establishing a primary organization within the United States Government for in- tegrating all intelligence possessed or ac- quired by the United States pertaining to proliferation. (B) Ensuring that appropriate agencies have full access to and receive all-source in- telligence support needed to execute their counterproliferation plans or activities, and perform independent, alternative analyses. (C) Coordinating the establishment of a central repository on known and suspected proliferation activities, including the goals, strategies, capabilities, networks, and any individuals, groups, or entities engaged in proliferation. (D) Overseeing the dissemination of pro- liferation information, including prolifera- tion threats and analyses, to the President, to the appropriate departments and agen- cies, and to the appropriate committees of Congress. (E) Conducting and coordinating net as- sessments and warnings about the prolifera- tion of weapons of mass destruction, their delivery systems, and related materials and technologies. (F) Coordinating counterproliferation plans and activities of the various depart- ments and agencies of the United States Government to prevent and halt the pro- liferation of weapons of mass destruction, their delivery systems, and related mate- rials and technologies. (G) Coordinating and advancing strategic operational counterproliferation planning for the United States Government to prevent and halt the proliferation of weapons of