§3057 — Title 50 War and National Defense | U.S. Code

Summary

Creates a National Counterproliferation and Biosecurity Center inside the Office of the Director of National Intelligence. The Director of National Intelligence will pick the Center’s head. The Center must lead and coordinate intelligence work to stop the spread of weapons of mass destruction and their delivery systems, and to manage intelligence on biosecurity and foreign biological threats. It will combine and share intelligence, keep a central record of known or suspected proliferation activity, give warnings and assessments (including about diseases with pandemic potential), support public health agencies with collection and analysis, recommend fixes for gaps in capabilities, and work with other agencies and the private sector. The President may waive parts of these rules but must tell Congress in writing how the missions are still being met. Within nine months after this law starts, the President must send Congress the findings of the President’s Commission on Weapons of Mass Destruction (created by Executive Order in February 2004) and views on creating the Center. Congress says that physical interdiction by air, sea, or land and stronger law enforcement should be key parts of counterproliferation.

Title 50, §3057

War and National Defense — Source: USLM XML via OLRC

(a)(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 technologies; and

(B)lead integration and mission management 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 National Intelligence.

(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.

(b)(1)In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following missions 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 integrating all intelligence possessed or acquired by the United States pertaining to proliferation.

(B)Ensuring that appropriate agencies have full access to and receive all-source intelligence 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 proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress.

(E)Conducting and coordinating net assessments and warnings about the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.

(F)Coordinating counterproliferation plans and activities of the various departments and agencies of the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.

(G)Coordinating and advancing strategic operational counterproliferation planning for the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.

(2)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 the integration, mission management, and coordination of intelligence activities pertaining to biosecurity and foreign biological threats, regardless of origin:

(A)Ensuring that the elements of the intelligence community provide timely and effective warnings to the President and the Director of National Intelligence regarding emerging foreign biological threats, including diseases with pandemic potential.

(B)Overseeing and coordinating the collection of intelligence on biosecurity and foreign biological threats in support of the intelligence 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 analysis of intelligence on biosecurity and foreign biological threats in support of the intelligence needs of Federal departments and agencies responsible for public health, including 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 responsible for public health on matters relating to biosecurity and foreign biological threats, including by ensuring that intelligence pertaining to biosecurity and foreign biological threats is disseminated among appropriately cleared personnel of such departments and agencies.

(E)Coordinating with the Federal departments 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 biosecurity and countering foreign biological threats and providing to the Director of National Intelligence recommended solutions for such gaps, including by encouraging research and development of new capabilities and authorities to counter foreign biological threats.

(G)Enhancing coordination between elements of the intelligence community and private sector entities on information relevant to biosecurity, biotechnology, and foreign biological threats, and coordinating such information with relevant Federal departments and agencies, as applicable.

(c)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.

(d)(1)Not later than nine months after the implementation of this chapter, the President shall submit to Congress, in classified form if necessary, the findings and recommendations of the President’s Commission on Weapons of Mass Destruction established by Executive Order in February 2004, together with the views of the President 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 establishment of a National Counterproliferation and Biosecurity Center.

(e)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.

Notes & Related Subsidiaries

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 Tables. The 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, 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 renumbering as this section.

Amendments

2024—Subsec. (a)(4). Pub. L. 118–159, § 6502(1), substituted “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 intelligence”. Subsec. (b)(1)(C). Pub. L. 118–159, § 6502(2)(A)(ii), substituted “Coordinating the establishment of” for “Establishing”. Subsec. (b)(1)(D). Pub. L. 118–159, § 6502(2)(A)(iii), substituted “Overseeing the dissemination of” for “Disseminating”. Subsec. (b)(1)(E). Pub. L. 118–159, § 6502(2)(A)(iv), inserted “and coordinating” after “Conducting”. Subsec. (b)(1)(G). Pub. L. 118–159, § 6502(2)(A)(v), substituted “Coordinating and advancing” for “Conducting”. 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 matters relating to biosecurity and foreign biological threats” after “public health”. Former subpar. (D) redesignated (E). Subsec. (b)(2)(E). Pub. L. 118–159, § 6502(2)(B)(ii), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Subsec. (b)(2)(F). Pub. L. 118–159, § 6502(2)(B)(v), 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). 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 “National 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) designation 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 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). 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 effect 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 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. 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 National 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.

§3057 National Counterproliferation and Biosecurity Center

Summary

Title 50, §3057

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Citations & Metadata