50 U.S.C. § 3057 — National Counterproliferation and Bio-

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 No. 13354, Aug. 27, 2004, 69 F.R. 53589, which established a National Counterterrorism Center, was revoked by Ex.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 Page 650 TITLE 50—WAR AND NATIONAL DEFENSE § 3057 mass destruction, their delivery systems, and related materials and technologies. (2) Biosecurity In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following mis- sions and objectives to ensure that the Center serves as the lead for the intelligence commu- nity for the integration, mission management, and coordination of intelligence activities per- taining to biosecurity and foreign biological threats, regardless of origin: (A) Ensuring that the elements of the in- telligence community provide timely and ef- fective warnings to the President and the Director of National Intelligence regarding emerging foreign biological threats, includ- ing diseases with pandemic potential. (B) Overseeing and coordinating the collec- tion of intelligence on biosecurity and for- eign biological threats in support of the in- telligence needs of the Federal departments and agencies responsible for public health, including by conveying collection priorities to elements of the intelligence community. (C) Overseeing and coordinating the anal- ysis of intelligence on biosecurity and for- eign biological threats in support of the in- telligence needs of Federal departments and agencies responsible for public health, in- cluding by providing analytic priorities to elements of the intelligence community and by coordinating net assessments. (D) Coordinating intelligence support to the Federal departments and agencies re- sponsible for public health on matters relat- ing to biosecurity and foreign biological threats, including by ensuring that intel- ligence pertaining to biosecurity and foreign biological threats is disseminated among ap- propriately cleared personnel of such depart- ments and agencies. (E) Coordinating with the Federal depart- ments and agencies responsible for public health to encourage information sharing with the intelligence community. (F) Identifying gaps in the capabilities of the intelligence community regarding bio- security and countering foreign biological threats and providing to the Director of Na- tional Intelligence recommended solutions for such gaps, including by encouraging re- search and development of new capabilities and authorities to counter foreign biological threats. (G) Enhancing coordination between ele- ments of the intelligence community and private sector entities on information rel- evant to biosecurity, biotechnology, and for- eign biological threats, and coordinating such information with relevant Federal de- partments and agencies, as applicable. (c) National security waiver The President may waive the requirements of this section, and any parts thereof, if the Presi- dent determines that such requirements do not materially improve the ability of the United States Government to prevent and halt the pro- liferation of weapons of mass destruction, their delivery systems, and related materials and technologies. Such waiver shall be made in writ- ing to Congress and shall include a description of how the missions and objectives in subsection (b) are being met. (d) Report to Congress (1) Not later than nine months after the imple- mentation of this chapter, the President shall submit to Congress, in classified form if nec- essary, the findings and recommendations of the President’s Commission on Weapons of Mass De- struction established by Executive Order in Feb- ruary 2004, together with the views of the Presi- dent regarding the establishment of a National Counterproliferation and Biosecurity Center. (2) If the President decides not to exercise the waiver authority granted by subsection (c), the President shall submit to Congress from time to time updates and plans regarding the establish- ment of a National Counterproliferation and Biosecurity Center. (e) Sense of Congress It is the sense of Congress that a central fea- ture of counterproliferation activities, con- sistent with the President’s Proliferation Secu- rity Initiative, should include the physical interdiction, by air, sea, or land, of weapons of mass destruction, their delivery systems, and related materials and technologies, and en- hanced law enforcement activities to identify and disrupt proliferation networks, activities, organizations, and persons. (July 26, 1947, ch. 343, title I, § 119A, as added Pub. L. 108–458, title I, § 1022, Dec. 17, 2004, 118 Stat. 3675; amended Pub. L. 111–259, title IV, § 407(a), Oct. 7, 2010, 124 Stat. 2721; Pub. L. 117–103, div. X, title IV, § 401(a)–(d), Mar. 15, 2022, 136 Stat. 973, 974; Pub. L. 118–159, div. F, title LXV, § 6502, Dec. 23, 2024, 138 Stat. 2494.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(1), was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Ta- bles. The Executive Order in February 2004 establishing the President’s Commission on Weapons of Mass De- struction, referred to in subsec. (d)(1), is Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which was revoked by Ex. Ord. No. 13385, § 3(a), Sept. 29, 2005, 70 F.R. 57990, and was formerly set out as a note under section 2301 of this title. CODIFICATION Section was formerly classified to section 404o–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2024—Subsec. (a)(4). Pub. L. 118–159, § 6502(1), sub- stituted ‘‘counterproliferation, biosecurity, and’’ for ‘‘biosecurity and’’. Subsec. (b)(1)(A). Pub. L. 118–159, § 6502(2)(A)(i), struck out ‘‘analyzing and’’ before ‘‘integrating all intel- ligence’’. Subsec. (b)(1)(C). Pub. L. 118–159, § 6502(2)(A)(ii), sub- stituted ‘‘Coordinating the establishment of’’ for ‘‘Es- tablishing’’. Subsec. (b)(1)(D). Pub. L. 118–159, § 6502(2)(A)(iii), sub- stituted ‘‘Overseeing the dissemination of’’ for ‘‘Dis- seminating’’. 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.)