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50 U.S.C. § 2370 — Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2370 — Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons

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Source file: Laws/federal/codes/united-states-code/title-50/section-2370-annual-reports-on-the-proliferation-of-missiles-and-essential-components--f1320a3e20.md
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Source location: Title 50, Chapter 40, § 2370; chapter-040-defense-against-weapons-of-mass-destruction.md

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**(a) Report** Not later than March 1, 2003, and annually thereafter, the President shall transmit to the designated congressional committees an annual report on the transfer by any country of weapons, technology, components, or materials that can be used to deliver, manufacture (including research and experimentation), or weaponize nuclear, biological, chemical or radiological weapons (in this section referred to as “NBC weapons”) to any country other than a country referred to in subsection (d) that is seeking to possess or otherwise acquire such weapons, technology, or materials, or other system that the Secretary or the Secretary of Defense has reason to believe could be used to develop, acquire, or deliver NBC weapons. **(b) Matters to be included** Each such report shall include— (1) the transfer of all aircraft, cruise missiles, artillery weapons, unguided rockets and multiple rocket systems, and related bombs, shells, warheads and other weaponization technology and materials that the Secretary or the Secretary of Defense has reason to believe may be intended for the delivery of NBC weapons; (2) international transfers of MTCR equipment or technology to any country that is seeking to acquire such equipment or any other system that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and (3) the transfer of technology, test equipment, radioactive materials, feedstocks and cultures, and all other specialized materials that the Secretary or the Secretary of Defense has reason to believe could be used to manufacture NBC weapons. **(c) Content of report** Each such report shall include the following with respect to preceding 11 So in original. Probably should be preceded by “the”. calendar year: (1) The status of missile, aircraft, and other NBC weapons delivery and weaponization programs in any such country, including efforts by such country or by any subnational group to acquire MTCR-controlled equipment, NBC-capable aircraft, or any other weapon or major weapon component which may be utilized in the delivery of NBC weapons, whose primary use is the delivery of NBC weapons, or that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons. (2) The status of NBC weapons development, acquisition, manufacture, stockpiling, and deployment programs in any such country, including efforts by such country or by any subnational group to acquire essential test equipment, manufacturing equipment and technology, weaponization equipment and technology, and radioactive material, feedstocks or components of feedstocks, and biological cultures and toxins. (3) A description of assistance provided by any person or government, after September 30, 2002, to any such country or subnational group in the acquisition or development of— (A) NBC weapons; (B) missile systems, as defined in the MTCR or that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and (C) aircraft and other delivery systems and weapons that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons. (4) A listing of those persons and countries that continue to provide such equipment or technology described in paragraph (3) to any country or subnational group as of the date of submission of the report, including the extent to which foreign persons and countries were found to have knowingly and materially assisted such programs. (5) A description of the use of, or substantial preparations to use, the equipment of technology described in paragraph (3) by any foreign country or subnational group. (6) A description of the diplomatic measures that the United States, and that other adherents to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons, have made with respect to activities and private persons and governments suspected of violating the MTCR and such other arrangements. (7) An analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other countries that adhere to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons in controlling the export of MTCR and other NBC weapons and delivery system equipment or technology. (8) A summary of advisory opinions issued under [section 4612(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4612/b/4&num=0&edition=prelim) and under [section 2797b(d) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797b/d&num=0&edition=prelim). (9) An explanation of United States policy regarding the transfer of MTCR equipment or technology to foreign missile programs, including programs involving launches of space vehicles. (10) A description of each transfer by any person or government during the preceding 12-month period which is subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484). **(d) Exclusions** The countries excluded under subsection (a) are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States. **(e) Classification of report** The Secretary shall make every effort to submit all of the information required by this section in unclassified form. Whenever the Secretary submits any such information in classified form, the Secretary shall submit such classified information in an addendum and shall also submit concurrently a detailed summary, in unclassified form, of that classified information. **(f) Definitions** In this section: (1) **Designated congressional committees** — The term “designated congressional committees” means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) **Missile; MTCR; MTCR equipment or technology** — The terms “missile”, “MTCR”, and “MTCR equipment or technology” have the meanings given those terms in [section 2797c of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797c&num=0&edition=prelim). (3) **Person** — The term “person” means any United States or foreign individual, partnership, corporation, or other form of association, or any of its successor entities, parents, or subsidiaries. (4) **Weaponize; weaponization** — The term “weaponize” or “weaponization” means to incorporate into, or the incorporation into, usable ordnance or other militarily useful means of delivery.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2656 — Management of foreign affairs

The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5606 — Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(B), Sept. 30, 2002, 116 Stat. 1441

### Statutory Notes Section, Pub. L. 102–182, title III, § 308, Dec. 4, 1991, 105 Stat. 1257, related to Presidential reporting requirements.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2797c — Definitions

**(a) In general** For purposes of this subchapter— (1) the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; (2) the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; (3) the term “MTCR adherent” means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR; (4) the term “MTCR Annex” means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; (5) the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex; (6) the term “United States person” has the meaning given that term in section 4618(2) 11 See References in Text note below. of title 50; (7) the term “foreign person” means any person other than a United States person; (8) (A) the term “person” means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and (B) in the case of countries with non-market economies (excluding former members of the Warsaw Pact), the term “person” means

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2370 — Notification of Committees on Armed

Page 394 TITLE 50—WAR AND NATIONAL DEFENSE § 2369 Section was enacted as part of the Security Assist- ance Act of 2002, and also as part of the Foreign Rela- tions Authorization Act, Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruc- tion Act of 1996 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. DEFINITIONS For definition of ‘‘Secretary’’ as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Inter- course. Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (a) of this section, see sec- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The Presi- dent. § 2369. Repealed. Pub. L. 111–84, div. A, title X, § 1055(f), Oct. 28, 2009, 123 Stat. 2462, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(13), Jan. 7, 2011, 124 Stat. 4373 Section, Pub. L. 104–293, title VII, § 722, as added Pub. L. 107–314, div. A, title XII, § 1209(a), Dec. 2, 2002, 116 Stat. 2668, related to semiannual report on contribu- tions of foreign persons to weapons of mass destruction and delivery systems efforts of countries of prolifera- tion concern. § 2370. Notification of Committees on Armed Services with respect to certain non- proliferation and proliferation activities (a) Notification with respect to nonproliferation activities The Secretary of Defense, the Secretary of En- ergy, the Secr

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