22 U.S.C. § 2652c — Untitled legal text

Page 1072 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2652c (e) Implementation In order to carry out this section, the Sec- retary of State shall reprogram the position of Deputy Assistant Secretary for South Asian Af- fairs. (Pub. L. 102–138, title I, § 122, Oct. 28, 1991, 105 Stat. 658; Pub. L. 103–236, title I, § 162(c), Apr. 30, 1994, 108 Stat. 405.) Editorial Notes CODIFICATION Section is comprised of section 122 of Pub. L. 102–138. Subsec. (d)(2) of section 122 of Pub. L. 102–138 enacted provisions set out as a note under section 5315 of Title 5, Government Organization and Employees. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–236, § 162(c)(2), struck out ‘‘, which is in addition to the positions provided under section 2652 of this title’’ after ‘‘Asian Affairs’’. Subsec. (c). Pub. L. 103–236, § 162(c)(1), struck out sub- sec. (c) which read as follows: ‘‘The Assistant Secretary shall have responsibility within the Department of State with respect to India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan, and the Maldives.’’ Subsec. (d)(1). Pub. L. 103–236, § 162(c)(3), struck out par. (1) which amended section 5315 of Title 5, Govern- ment Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 2652c. Assistant Secretary of State for Verification and Compliance (a) Designation of position The Secretary of State shall designate one of the Assistant Secretaries of State authorized by section 2651a(c)(1) of this title as the Assistant Secretary of State for Verification and Compli- ance. The Assistant Secretary shall report to the Under Secretary of State for Arms Control and International Security. (b) Directive governing the Assistant Secretary of State (1) In general Not later than 30 days after November 29, 1999, the Secretary of State shall issue a direc- tive governing the position of the Assistant Secretary. (2) Elements of the directive The directive issued under paragraph (1) shall set forth, consistent with this section— (A) the duties of the Assistant Secretary; (B) the relationships between the Assist- ant Secretary and other officials of the De- partment of State; (C) any delegation of authority from the Secretary of State to the Assistant Sec- retary; and (D) such matters as the Secretary con- siders appropriate. (c) Duties (1) In general The Assistant Secretary shall have as his principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to verification and compliance with international arms control, nonproliferation, and disarmament agreements or commit- ments. (2) Participation of the Assistant Secretary (A) Primary role Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or his des- ignee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a di- rect bearing on verification or compliance matters, including interagency intelligence committees concerned with the development or exploitation of measurement or signals intelligence or other national technical means of verification. (B) Requirement for designation Subparagraph (A) shall not apply to groups or organizations on which the Secretary of State or the Undersecretary of State for Arms Control and International Security sits, unless such official designates the As- sistant Secretary to attend in his stead. (C) National security limitation (i) Waiver by President The President may waive the provisions of subparagraph (A) if inclusion of the As- sistant Secretary would not be in the na- tional security interests of the United States. (ii) Waiver by others With respect to an interagency group or organization, or meeting thereof, working with exceptionally sensitive information contained in compartments under the con- trol of the Director of Central Intelligence, the Secretary of Defense, or the Secretary of Energy, such Director or Secretary, as the case may be, may waive the provision of subparagraph (A) if inclusion of the As- sistant Secretary would not be in the na- tional security interests of the United States. (iii) Transmission of waiver to Congress Any waiver of participation under clause (i) or (ii) shall be transmitted in writing to the appropriate committees of Congress. (3) Relationship to the intelligence community The Assistant Secretary shall be the prin- cipal policy community representative to the Page 1073 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2655a intelligence community on verification and compliance matters. (4) Reporting responsibilities The Assistant Secretary shall have responsi- bility within the Department of State for— (A) all reports required pursuant to section 2577 of this title; (B) so much of the report required under paragraphs (4) through (6) of section 2593a(a) of this title as relates to verification or com- pliance matters; (C) so much of the reports required under section 8003 of this title as relates to verification or compliance matters; and (D) other reports being prepared by the De- partment of State as of November 29, 1999, relating to arms control, nonproliferation, or disarmament verification or compliance matters. (Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1112], Nov. 29, 1999, 113 Stat. 1536, 1501A–486; Pub. L. 109–401, title I, § 108, Dec. 18, 2006, 120 Stat. 2738.) Editorial Notes AMENDMENTS 2006—Subsec. (c)(4)(C), (D). Pub. L. 109–401 added sub- par. (C) and redesignated former subpar. (C) as (D). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. DEFINITIONS Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1102], Nov. 29, 1999, 113 Stat. 1536, 1501A–485, provided that: ‘‘In this title [see Short Title of 1999 Amendment note set out under section 2551 of this title]: ‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means the Committee on International Relations [now Com- mittee on Foreign Affairs] and the Permanent Select Committee on Intelligence of the House of Represent- atives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assistant Secretary’ means the position of Assistant Secretary of State for Verification and Compliance designated under section 1112 [22 U.S.C. 2652c]. ‘‘(3) EXECUTIVE AGENCY.—The term ‘Executive agen- cy’ has the meaning given the term in section 105 of title 5, United States Code. ‘‘(4) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)]. ‘‘(5) START TREATY OR TREATY.—The term ‘START Treaty’ or ‘Treaty’ means the Treaty With the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, including all agreed statements, annexes, protocols, and memo- randa, signed at Moscow on July 31, 1991. ‘‘(6) START II TREATY.—The term ‘START II Trea- ty’ means the Treaty Between the United States of America and the Russian Federation on Further Re- duction and Limitation of Strategic Offensive Arms, and related protocols and memorandum of under- standing, signed at Moscow on January 3, 1993.’’ §§ 2653 to 2655. Repealed. Pub. L. 103–236, title I, § 162(a), (p), Apr. 30, 1994, 108 Stat. 405, 410 Section 2653, acts May 26, 1949, ch. 143, § 2, 63 Stat. 111; Aug. 5, 1955, ch. 576, § 2, 69 Stat. 536; June 30, 1958, Pub. L. 85–477, ch. V, § 502(j)(2), 72 Stat. 274; July 30, 1959, Pub. L. 86–117, 73 Stat. 265; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(14), 78 Stat. 424; July 13, 1972, Pub. L. 92–352, title I, § 103(a)(2), 86 Stat. 490; Nov. 22, 1983, Pub. L. 98–164, title I, § 125(a), 97 Stat. 1026, related to ap- pointment and rank of Secretary of State and other of- ficers of Department of State. Section 2654, act May 24, 1924, ch. 182, § 30, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214; amended Oct. 15, 1949, ch. 695, § 6(d), 63 Stat. 881, related to office and ap- pointment of legal adviser in Department of State. Section 2655, act May 18, 1937, ch. 220, 50 Stat. 169, re- lated to position and appointment of Counselor of De- partment of State. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable with respect to officials, offices, and bureaus of Department of State when executive or- ders, regulations, or departmental directives imple- menting the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as an Effective Date of 1994 Amendment note under section 2651a of this title. § 2655a. Bureau of Oceans and International En- vironmental and Scientific Affairs within De- partment of State; Assistant Secretary of State as head of Bureau There is established within the Department of State a Bureau of Oceans and International En- vironmental and Scientific Affairs. There shall be an Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, appointed by the President, by and with the advice and consent of the Senate, who shall be the head of the Bureau and who shall have re- sponsibility for matters relating to oceans, envi- ronmental, scientific, fisheries, wildlife, and conservation affairs and for such other related duties as the Secretary may from time to time designate. (Pub. L. 93–126, § 9(a), formerly § 9, Oct. 18, 1973, 87 Stat. 453, renumbered Pub. L. 93–312, § 9, June 8, 1974, 88 Stat. 238; Pub. L. 103–236, title I, § 162(q)(1), Apr. 30, 1994, 108 Stat. 410; Pub. L. 103–415, § 1(f)(4)(B), Oct. 25, 1994, 108 Stat. 4300.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236, as amended by Pub. L. 103–415, substituted ‘‘There shall’’ for ‘‘In addition to the posi- tions provided under section 2652 of this title, there shall’’ and inserted before period at end ‘‘and for such other related duties as the Secretary may from time to time designate’’.