22 U.S.C. § 3281 — Annual Presidential report to Congress on

Page 1324 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3281 1 See References in Text note below. (2) reducing the dependence of such coun- tries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and (3) expanding the energy alternatives avail- able to such countries. (b) Energy assessments and cooperative projects Such program shall include cooperation in evaluating the energy alternatives of developing countries, facilitating international trade in en- ergy commodities, developing energy resources, and applying suitable energy technologies. The program shall include both general and country- specific energy assessments and cooperative projects in resource exploration and production, training, research and development. (c) Exchange of scientists, technicians, and en- ergy experts As an integral part of such program, the De- partment of Energy, under the general policy guidance of the Department of State and in co- operation with the Agency for International De- velopment and other Federal agencies as appro- priate, shall initiate, as soon as practicable, a program for the exchange of United States sci- entists, technicians, and energy experts with those of developing countries to implement the purposes of this section. (d) Authorization of appropriations For the purposes of carrying out this section, there is authorized to be appropriated such sums as are contained in annual authorization Acts for the Department of Energy, including such sums which have been authorized for such pur- poses under previous legislation. (e) Coordination with related United States ac- tivities abroad Under the direction of the President, the Sec- retary of State shall ensure the coordination of the activities authorized by this subchapter with other related activities of the United States conducted abroad, including the pro- grams authorized by sections 2151a(c), 2151d(a)(2),1 and 2151q 1 of this title. (Pub. L. 95–242, title V, § 502, Mar. 10, 1978, 92 Stat. 149.) Editorial Notes REFERENCES IN TEXT Section 2151d(a)(2) of this title, referred to in subsec. (e), which at the time of enactment of this section re- lated to programs to increase energy production and conservation in developing countries, was deleted in the general amendment of section 2151d by Pub. L. 96–53, title I, §§ 104(b), 105, Aug. 14, 1979, 93 Stat. 360, 362. For provisions relating to cooperative programs with developing countries in energy production and con- servation, see section 2151d(b)(2) of this title. Section 2151q of this title, referred to in subsec. (e), was repealed by Pub. L. 96–533, title III, § 304(g), Dec. 16, 1980, 94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title. FEASIBILITY OF EXPANDING COOPERATIVE ACTIVITIES INTO INTERNATIONAL COOPERATIVE EFFORT; PRESI- DENTIAL REPORT TO CONGRESS NOT LATER THAN MARCH 10, 1979 Pub. L. 95–242, title V, § 503, Mar. 10, 1978, 92 Stat. 149, directed President, not later than twelve months after Mar. 10, 1978, to report to Congress on feasibility of ex- panding cooperative activities established pursuant to subsec. (c) of this section into an international cooper- ative effort to include a scientific peace corps designed to encourage large numbers of technically trained vol- unteers to live and work in developing countries for varying periods of time for purpose of engaging in projects to aid in meeting the energy needs of such countries through search for and utilization of indige- nous energy resources and application of suitable tech- nology, including widespread utilization of renewable and unconventional energy technologies, and to also in- clude in report a discussion of other mechanisms to conduct a coordinated international effort to develop, demonstrate, and encourage utilization of such tech- nologies in developing countries. SUBCHAPTER IV—EXECUTIVE REPORTING § 3281. Annual Presidential report to Congress on governmental efforts to prevent proliferation (a) Review of Government activities; description of progress; assessment of impact of prog- ress; determinations regarding non-nuclear- weapon states; counterproductiveness of policies The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a re- port to Congress in January of 1979 and annually in January of each year thereafter on the Gov- ernment’s efforts to prevent proliferation. This report shall include but not be limited to— (1) a description of the progress made to- ward— (A) negotiating the initiatives con- templated in sections 3223 and 3224 of this title; (B) negotiating the international arrange- ments or other mutual undertakings con- templated in section 2153b of title 42; (C) encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with re- spect to safeguards and to foreswear the de- velopment of any nuclear explosive devices, and discouraging nuclear exports to non-nu- clear-weapon states which have not taken such steps; (D) strengthening the safeguards of the IAEA as contemplated in section 3241 of this title; and (E) renegotiating agreements for coopera- tion as contemplated in section 2153c(a) of title 42; (2) an assessment of the impact of the progress described in paragraph (1) on the non- proliferation policy of the United States; an explanation of the precise reasons why progress has not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; Page 1325 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3281 1 So in original. Probably should be ‘‘; and’’. 2 So in original. Probably should be preceded by ‘‘section’’. 3 See References in Text note below. and a statement of what legislative modifica- tions, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States; (3) a determination as to which non-nuclear- weapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have— (A) detonated a nuclear device; or (B) refused to accept the safeguards of the IAEA on all of their peaceful nuclear activi- ties; or (C) refused to give specific assurances that they will not manufacture or otherwise ac- quire any nuclear explosive device; or (D) engaged in activities involving source or special nuclear material and having di- rect significance for the manufacture or ac- quisition of nuclear explosive devices; (4) an assessment of whether any of the poli- cies set forth in this chapter have, on balance, been counterproductive from the standpoint of preventing proliferation; (5) a description of the progress made toward establishing procedures to facilitate the time- ly processing of requests for subsequent ar- rangements and export licenses in order to en- hance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; 1 (6) a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, in- cluding a summary by type of commodity and destination of— (A) all transactions for which— (i) an export license was issued for any good controlled under section 2139a(c) of title 42; (ii) an export license was issued under section 2139(b) of title 42; (iii) approvals were issued under the Ex- port Administration Act of 1979, or section 2139(b)(3) of title 42, for the retransfer of any item, technical data, component, or substance; or (iv) authorizations were made as re- quired by section 2077(b)(2) of title 42 to engage, directly or indirectly, in the pro- duction of special nuclear material; (B) each instance in which— (i) a sanction has been imposed under section 6301(a) of this title or section 6303 of this title or section 2799aa–1(b)(1) of this title; (ii) sales or leases have been denied under section 2753(f) of this title or trans- actions prohibited by reason of acts relat- ing to proliferation of nuclear explosive devices as described in section 2780(d) of this title; (iii) a sanction has not been imposed by reason of section 6301(c)(2) of this title or the imposition of a sanction has been de- layed under section 2799aa–1(b)(4) of this title; or (iv) a waiver of a sanction has been made under— (I) section 6301(f) of this title or sec- tion 6303 of this title, (II) section 2375(d) of this title, or para- graph (5) or (6)(B) of section 2799aa–1(b) of this title, (III) section 2780(g) of this title with respect to the last sentence of section 2780(d) of this title, or (IV) section 2364 of this title with re- spect to section 2375 of this title or sec- tion 2753(f) of this title, the last sentence of section 2780(d) of this title, or 2799aa–1(b)(1) 2 of this title; and (C) the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of ap- plying full scope safeguards to all their peaceful nuclear activities. Portions of the information required by para- graph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(1) 3 of the Export Administration Act of 1979 shall be submitted as confidential. (b) Analysis of civil agreements for cooperation In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to section 2153 of title 42, and shall discuss the scope and ade- quacy of the requirements and obligations relat- ing to safeguards and other controls therein. (Pub. L. 95–242, title VI, § 601, Mar. 10, 1978, 92 Stat. 150; Pub. L. 103–236, title VIII, § 811, Apr. 30, 1994, 108 Stat. 507.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(4), was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Prolifera- tion Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. The Export Administration Act of 1979, referred to in subsec. (a), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to re- peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Section 12 of the Act was classified to section 4614 of Title 50 prior to re- peal. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–236 struck out ‘‘and’’ after the semicolon in par. (4), substituted a semicolon for the period in par. (5), and added par. (6) and con- cluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. Page 1326 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3282 EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to the require- ment that the President annually report to Congress on the Government’s efforts to prevent proliferation, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 15 of House Document No. 103–7. 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. § 3282. Reports by departments and agencies (a) Reports by Nuclear Regulatory Commission and Department of Energy The annual reports to the Congress by the Commission and the Department of Energy which are otherwise required by law shall also include views and recommendations regarding the policies and actions of the United States to prevent proliferation which are the statutory re- sponsibility of those agencies. The Department’s report shall include a detailed analysis of the proliferation implications of advanced enrich- ment and reprocessing techniques, advanced re- actors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version. (b) Additional reporting requirements The reporting requirements of this subchapter are in addition to and not in lieu of any other reporting requirements under applicable law. (c) Committees on Foreign Relations and Gov- ernmental Affairs of Senate and Committee on International Relations of House of Rep- resentatives to be kept informed (1) The Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Commission, and, with regard to subparagraph (B), the Director of Central Intelligence, shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on Inter- national Relations of the House of Representa- tives fully and currently informed with respect to— (A) their activities to carry out the purposes and policies of this chapter and to otherwise prevent proliferation, including the prolifera- tion of nuclear, chemical, or biological weap- ons, or their means of delivery; and (B) the current activities of foreign nations which are of significance from the prolifera- tion standpoint. (2) For the purposes of this subsection with re- spect to paragraph (1)(B), the phrase ‘‘fully and currently informed’’ means the transmittal of credible information not later than 60 days after becoming aware of the activity concerned. (d) Classified portions of reports Any classified portions of the reports required by this chapter shall be submitted to the Senate Foreign Relations Committee and the House Foreign Affairs Committee. (e) Omitted (f) Access by Secretary of Defense to information regarding nuclear proliferation matters; ap- plicability (1) The Secretary of Defense shall have access, on a timely basis, to all information regarding nuclear proliferation matters which the Sec- retary of State or the Secretary of Energy has or is entitled to have. Such access shall include access to all communications, materials, docu- ments, and records relating to nuclear prolifera- tion matters. (2) This subsection does not apply to any intradepartmental document of the Department of State or the Department of Energy, or any portion of such document, that is solely con- cerned with internal, confidential advice on pol- icy concerning the conduct of interagency delib- erations on nuclear proliferation matters. (Pub. L. 95–242, title VI, § 602, Mar. 10, 1978, 92 Stat. 151; Pub. L. 99–661, div. A, title XIII, § 1370, Nov. 14, 1986, 100 Stat. 4004; Pub. L. 103–437, § 9(a)(8), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(e)(6), Oct. 21, 1998, 112 Stat. 2681–775; Pub. L. 106–113, div. B, § 1000(a)(7), [div. B, title XI, § 1131], Nov. 29, 1999, 113 Stat. 1536, 1501A–492.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(1)(A) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non- Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. CODIFICATION Subsec. (e) directed that, three years after Mar. 10, 1978, the Comptroller General complete a study and re- port to Congress on the implementation and impact of this chapter on the nuclear non-proliferation policies, purposes, and objectives of this chapter, with such rec- ommendations as deemed necessary to support the nu- clear non-proliferation policies, purposes, and objec- tives of this chapter. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–113 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The Department of State, the Department of De- fense, the Department of Commerce, the Department of Energy, and the Commission shall keep the Commit- tees on Foreign Relations and Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives fully and currently in- formed with respect to their activities to carry out the purposes and policies of this chapter and to otherwise prevent proliferation, and with respect to the current activities of foreign nations which are of significance from the proliferation standpoint.’’ 1998—Subsec. (c). Pub. L. 105–277, § 1225(e)(6)(A), struck out ‘‘the Arms Control and Disarmament Agen- cy,’’ after ‘‘the Department of Defense,’’.