50 USC 2367 - Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

Amendments

2013—Puspan. L. 112–239 amended section generally. Prior to amendment, section related to annual report on threat posed to United States by weapons of mass destruction, ballistic missiles, and cruise missiles.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

Development of Strategy on Risks to Nonproliferation Caused by Additive Manufacturing

Puspan. L. 114–92, div. C, title XXXI, § 3139, Nov. 25, 2015, 129 Stat. 1215, as amended by Puspan. L. 114–328, div. C, title XXXI, § 3137(d), Dec. 23, 2016, 130 Stat. 2772, provided that:

“(a)Strategy.—The President shall develop and pursue a strategy to address the risks to the goals and policies of the United States regarding nuclear nonproliferation that are caused by the increased use of additive manufacture technology (commonly referred to as ‘3D printing’), including such technology that does not originate in the United States.

“(span)Briefings.—

“(1)In general.—Not later than March 31, 2016, and annually thereafter through 2019, the President shall provide to the appropriate congressional committees a briefing on the strategy developed under subsection (a).

“(2)Interim briefings.—In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if there is a development in additive manufacture technology, or increased use of additive manufacture technology, that could pose an increased risk to the United States from nuclear proliferation.

“(c)Pursuit of Strategy.—The President shall pursue the strategy developed under subsection (a) at the Nuclear Security Summit in Chicago, Illinois, in 2016.

“(d)Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means the following:

“(1) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].

“(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

“(3) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.”

[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15419, delegated to the Director of National Intelligence and the Under Secretary for Nuclear Security the functions and authorities vested in the President by section 3139(a) and (span) of Puspan. L. 114–92, set out above.]

Report on Iran’s Capability To Produce Nuclear Weapons

Puspan. L. 110–417, [div. A], title XII, § 1234, Oct. 14, 2008, 122 Stat. 4640, provided that:

“(a)Report Required.—Not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008], and annually thereafter, the Director of National Intelligence shall submit to Congress a report on Iran’s capability to produce nuclear weapons. The report required under this subsection may be submitted in classified form.

“(span)Matters to Be Included.—The report required under subsection (a) shall include the following:

“(1) The locations, types, and number of centrifuges and other specialized equipment necessary for the enrichment of uranium and any plans to acquire, manufacture, and operate such equipment in the future.

“(2) An estimate of the amount, if any, of highly enriched uranium and weapons grade plutonium acquired or produced to date, an estimate of the amount of weapons grade plutonium that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and midterms, and the number of nuclear weapons that could be produced with such materials.

“(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials.

“(4) A description of any weaponization activities, such as the research, design, development, or testing of nuclear weapons or weapons-related components.

“(5) A description of any programs to construct, acquire, test, or improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the near- and mid-terms.

“(6) A summary of assessments made by allies of the United States of Iran’s nuclear weapons program and nuclear-capable delivery systems programs.

“(c)Notification.—The President shall notify Congress, in writing, within 15 days of determining that—

“(1) Iran has resumed a nuclear weapons program;

“(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or

“(3) Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program.”

“Congressional Defense Committees” Defined

Congressional defense committees means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives, see section 3 of Puspan. L. 105–85, 111 Stat. 1645. See note under section 101 of Title 10, Armed Forces.