Establishment
Missions and objectives
Counterproliferation
Biosecurity
National security waiver
The President may waive the requirements of this section, and any parts thereof, if the President determines that such requirements do not materially improve the ability of the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies. Such waiver shall be made in writing to Congress and shall include a description of how the missions and objectives in subsection (b) are being met.
Report to Congress
Sense of Congress
It is the sense of Congress that a central feature of counterproliferation activities, consistent with the President’s Proliferation Security 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 enhanced law enforcement activities to identify and disrupt proliferation networks, activities, organizations, and persons.
July 26, 1947, ch. 343 Pub. L. 108–458, title I, § 1022118 Stat. 3675 Pub. L. 111–259, title IV, § 407(a)124 Stat. 2721 Pub. L. 117–103, div. X, title IV, § 401(a)136 Stat. 973 Pub. L. 118–159, div. F, title LXV, § 6502138 Stat. 2494 Pub. L. 119–60, div. F, title LXIV, § 6404(c)(2)139 Stat. 1618 (, title I, § 119A, as added , , ; amended , , ; –(d), , , 974; , , ; , (d), , .)
Amendment of Section
Pub. L. 119–60, div. F, title LXIV, § 6404(c)(2)139 Stat. 1618 , (d), (g), , , provided that, effective 180 days after , section is amended as follows:
(1) in the heading, by striking “National Counterproliferation and Biosecurity Center” and inserting “Counterproliferation and Biosecurity”;
(2) in subsection (a)—
(A) in the heading, by striking “Establishment” and inserting “Organization”;
(B) in paragraph (1)—
(i) by striking “The President shall establish a National Counterproliferation and Biosecurity Center, taking into account all appropriate government tools to” and inserting “The Director of National Intelligence shall”; and
(ii) in subparagraph (A), by inserting “support efforts to” before “prevent and halt”;
(C) by striking paragraph (2) and inserting the following:
“(2) The Director of National Intelligence shall appoint an appropriate official within the Office of the Director of National Intelligence to oversee the efforts and activities undertaken pursuant to this section.”; and
(D) by striking paragraphs (3) and (4); and
(3) in subsection (b)—
(A) in paragraph (1)—
(i) by striking “establishing the National Counterproliferation and Biosecurity Center, the President” and inserting “carrying out this section, the Director”; and
(ii) in subparagraph (A), by striking “Establishing a primary organization within the United States Government for integrating” and inserting “Integrating”; and
(B) in paragraph (2), by striking “In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following missions and objectives to ensure that the Center serves as the lead for the intelligence community for” and inserting “In carrying out this section, the Director shall address the following missions and objectives to ensure”; and
(4) by striking subsections (c), (d), and (e).
See 2025 Amendment notes below.
Editorial Notes
References in Text
act July 26, 1947, ch. 343 61 Stat. 495 This chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning , , 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 Tables.
section 2301 of this titleThe Executive Order in February 2004 establishing the President’s Commission on Weapons of Mass Destruction, referred to in subsec. (d)(1), is Ex. Ord. No. 13328, , 69 F.R. 6901, which was revoked by Ex. Ord. No. 13385, § 3(a), , 70 F.R. 57990, and was formerly set out as a note under .
Codification
oSection was formerly classified to section 404–1 of this title prior to editorial reclassification and renumbering as this section.
Amendments
Pub. L. 119–60, § 6404(c)(2)(A)2025—, substituted “Counterproliferation and Biosecurity” for “National Counterproliferation and Biosecurity Center” in section catchline.
Pub. L. 119–60, § 6404(c)(2)(B)(i)Subsec. (a). , substituted “Organization” for “Establishment” in heading.
Pub. L. 119–60, § 6404(c)(2)(B)(ii)(I)Subsec. (a)(1). , substituted “The Director of National Intelligence shall” for “The President shall establish a National Counterproliferation and Biosecurity Center, taking into account all appropriate government tools to” in introductory provisions.
Pub. L. 119–60, § 6404(c)(2)(B)(ii)(II)Subsec. (a)(1)(A). , inserted “support efforts to” before “prevent and halt”.
Pub. L. 119–60, § 6404(c)(2)(B)(iii)Subsec. (a)(2). , added par. (2) and struck out former par. (2) which read as follows: “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 National Intelligence.”
Pub. L. 119–60, § 6404(c)(2)(B)(iv)Subsec. (a)(3), (4). , struck out pars. (3) and (4) which read as follows:
“(3) The National Counterproliferation and Biosecurity Center shall be located within the Office 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 advisor to the Director of National Intelligence, with respect to counterproliferation, biosecurity, and foreign biological threats.”
Pub. L. 119–60, § 6404(c)(2)(C)(i)(I)Subsec. (b)(1). , substituted “carrying out this section, the Director” for “establishing the National Counterproliferation and Biosecurity Center, the President” in introductory provisions.
Pub. L. 119–60, § 6404(c)(2)(C)(i)(II)Subsec. (b)(1)(A). , substituted “Integrating” for “Establishing a primary organization within the United States Government for integrating”.
Pub. L. 119–60, § 6404(c)(2)(C)(ii)Subsec. (b)(2). , substituted “In carrying out this section, the Director shall address the following missions and objectives to ensure” for “In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following missions and objectives to ensure that the Center serves as the lead for the intelligence community for” in introductory provisions.
Pub. L. 119–60, § 6404(d)Subsecs. (c) to (e). , struck out subsecs. (c) to (e) which related to national security waiver, report to Congress, and sense of Congress, respectively.
Pub. L. 118–159, § 6502(1)2024—Subsec. (a)(4). , substituted “counterproliferation, biosecurity, and” for “biosecurity and”.
Pub. L. 118–159, § 6502(2)(A)(i)Subsec. (b)(1)(A). , struck out “analyzing and” before “integrating all intelligence”.
Pub. L. 118–159, § 6502(2)(A)(ii)Subsec. (b)(1)(C). , substituted “Coordinating the establishment of” for “Establishing”.
Pub. L. 118–159, § 6502(2)(A)(iii)Subsec. (b)(1)(D). , substituted “Overseeing the dissemination of” for “Disseminating”.
Pub. L. 118–159, § 6502(2)(A)(iv)Subsec. (b)(1)(E). , inserted “and coordinating” after “Conducting”.
Pub. L. 118–159, § 6502(2)(A)(v)Subsec. (b)(1)(G). , substituted “Coordinating and advancing” for “Conducting”.
Pub. L. 118–159, § 6502(2)(B)(i)Subsec. (b)(2)(B). , struck out “and analysis” after “coordinating the collection”.
Pub. L. 118–159, § 6502(2)(B)(iii)Subsec. (b)(2)(C). , added subpar. (C). Former subpar. (C) redesignated (D).
Pub. L. 118–159, § 6502(2)(B)(ii)Subsec. (b)(2)(D). , (iv), redesignated subpar. (C) as (D) and inserted “on matters relating to biosecurity and foreign biological threats” after “public health”. Former subpar. (D) redesignated (E).
Pub. L. 118–159, § 6502(2)(B)(ii)Subsec. (b)(2)(E). , redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Pub. L. 118–159, § 6502(2)(B)(v)Subsec. (b)(2)(F). , which directed insertion of “and authorities” after “capabilities”, was executed by making the insertion after “capabilities” the second place appearing, to reflect the probable intent of Congress.
Pub. L. 118–159, § 6502(2)(B)(ii), redesignated subpar. (E) as (F).
Pub. L. 118–159, § 6502(2)(B)(vi)Subsec. (b)(2)(G). , added subpar. (G).
Pub. L. 117–103, § 401(a)2022—, (d), substituted “Counterproliferation and Biosecurity” for “Counter Proliferation” in section catchline and “National Counterproliferation and Biosecurity Center” for “National Counter Proliferation Center” and “counterproliferation” for “counter proliferation” wherever appearing in text.
Pub. L. 117–103, § 401(b)(1)Subsec. (a)(1). , inserted dash after “government tools to” and subpar. (A) designation before “prevent” and added subpar. (B).
Pub. L. 117–103, § 401(b)(2)Subsec. (a)(4). , added par. (4).
Pub. L. 117–103, § 401(c)Subsec. (b). , designated introductory provisions as par. (1) and inserted heading, redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, of par. (1) and realigned margins, and added par. (2).
Pub. L. 111–2592010—Subsec. (a). designated existing provisions as par. (1), substituted “The” for “Not later than 18 months after , the”, and added pars. (2) and (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–60section 6404(g) of Pub. L. 119–60section 3025 of this titleAmendment by effective 180 days after , see , set out as a note under .
Effective Date
section 3001 of this titleFor Determination by President that section take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .
section 1097(a) of Pub. L. 108–458section 3001 of this titleSection effective not later than six months after , except as otherwise expressly provided, see , set out in an Effective Date of 2004 Amendment; Transition Provisions note under .
Termination of the National Counterproliferation and Biosecurity Center; Director
Pub. L. 119–60, div. F, title LXIV, § 6404(a)139 Stat. 1617
Termination of center .—
Termination of director of the center .—
References in Law
Pub. L. 119–60, div. F, title LXIV, § 6404(h)139 Stat. 1618
Reference to National Counter Proliferation Center
Pub. L. 117–103, div. X, title IV, § 401(e)136 Stat. 975
Executive Documents
Delegation of Functions
section 301 of Title 3Reporting functions of President under this section assigned to the Director of National Intelligence by section 3 of Memorandum of President of the United States, , 70 F.R. 48633, set out as a note under , The President.