View all text of Subchapter V [§ 2361 - § 2371]

§ 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
(a)
Annual report
Not later than January 30 of each year, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the following:
(1)
The threats posed to the United States and allies of the United States—
(A) by weapons of mass destruction, ballistic missiles, and cruise missiles; and
(B) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles.
(2) The acquisition by foreign countries during the preceding 12 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions.
(3) Any trends with respect to the acquisition described in paragraph (2).
(b)
Matters included
Each report submitted under subsection (a) shall include the following:
(1) Identification of each foreign country and non-State organization that possesses weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.
(2) A description of the means by which any foreign country and non-State organization that has achieved, or is making progress toward achieving, capability with respect to weapons of mass destruction, ballistic missiles, or cruise missiles has achieved, or is making progress toward achieving, that capability, including a description of the international network of foreign countries and private entities that provide assistance to foreign countries and non-State organizations in achieving that capability.
(3) An examination of the doctrines that guide the use of weapons of mass destruction in each foreign country that possesses such weapons.
(4) An examination of the existence and implementation of the control mechanisms that exist with respect to nuclear weapons in each foreign country that possesses such weapons.
(5) Identification of each foreign country and non-State organization that seeks to acquire or develop (indigenously or with foreign assistance) weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.
(6) An assessment of various possible timelines for the achievement by foreign countries and non-State organizations of capability with respect to weapons of mass destruction, ballistic missiles, and cruise missiles, taking into account the probability of whether foreign countries that are a party to the Missile Technology Control Regime will comply with and enforce the regime, the potential availability of assistance from foreign technical specialists, and the potential for independent sales by foreign private entities without authorization from their national governments.
(7) For each foreign country or non-State organization that has not achieved the capability to target the United States or its territories with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.
(8) For each foreign country or non-State organization that has not achieved the capability to target members of the Armed Forces of the United States deployed abroad with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.
(c)
Classification

Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)
Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The congressional intelligence committees (as defined in section 3003 of this title).
(3) The Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.
(Pub. L. 105–85, div. A, title II, § 234, Nov. 18, 1997, 111 Stat. 1664; Pub. L. 112–239, div. A, title X, § 1065(a), Jan. 2, 2013, 126 Stat. 1941.)