22 U.S.C. § 2574 — Negotiation management

Page 1027 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2574 mament’’ in three places, in first sentence, inserted ‘‘and nonproliferation’’ after ‘‘disarmament’’, and in fourth sentence, inserted ‘‘, nonproliferation,’’ after ‘‘arms control’’ wherever appearing. 1982—Subsec. (c). Pub. L. 97–339 inserted ‘‘and of all aspects of antisatellite activities’’. 1977—Pub. L. 95–108 struck out ‘‘United States’’ be- fore ‘‘private’’ in cl. (2) of opening par. 1963—Pub. L. 88–186 inserted ‘‘United States’’ before ‘‘private’’ in cl. (2) of opening par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. REPORT ON INTERNATIONAL TRANSFER OF CONVENTIONAL ARMS Pub. L. 92–352, title III, § 302, July 13, 1972, 86 Stat. 495, directed Arms Control and Disarmament Agency, with cooperation of other agencies, to prepare a comprehen- sive report on international transfer of conventional arms and submit this report no later than one year after July 13, 1972, with an interim report submitted no later than six months after July 13, 1972. § 2572. Patents; availability to general public; protection of background rights All research within the United States con- tracted for, sponsored, cosponsored, or author- ized under authority of this chapter, shall be provided for in such manner that all informa- tion as to uses, products, processes, patents, and other developments resulting from such re- search developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary of State may find to be necessary in the public interest) be available to the general public. This section shall not be so construed as to deprive the owner of any back- ground patent relating thereto of such rights as he may have thereunder. (Pub. L. 87–297, title III, § 302, formerly § 32, Sept. 26, 1961, 75 Stat. 634; renumbered § 302 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(7), (21), Oct. 21, 1998, 112 Stat. 2681–769, 2681–772.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–277, § 1223(7), substituted ‘‘Secretary of State’’ for ‘‘Director’’ and ‘‘section’’ for ‘‘sub- section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. § 2573. Policy formulation (a) Formulation The Secretary of State shall prepare for the President, and the heads of such other Govern- ment agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disar- mament policy. (b) Prohibition No action shall be taken pursuant to this chapter or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enact- ment of further affirmative legislation by the Congress of the United States. (c) Statutory construction Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, pos- session, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training. (Pub. L. 87–297, title III, § 303, formerly § 33, Sept. 26, 1961, 75 Stat. 634; Pub. L. 88–186, § 3, Nov. 26, 1963, 77 Stat. 342; Pub. L. 103–236, title VII, § 709, Apr. 30, 1994, 108 Stat. 494; renumbered § 303 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(8), (21), subdiv. B, title XXVI, § 2602, Oct. 21, 1998, 112 Stat. 2681–769, 2681–772, 2681–839.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this chapter’’ and was translated as reading ‘‘this Act’’, meaning Pub. L. 87–297, Sept. 26, 1961, 75 Stat. 631, known as the Arms Control and Disarmament Act, which is classified generally to this chapter, to re- flect the probable intent of Congress. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1223(8), substituted ‘‘Secretary of State’’ for ‘‘Director’’ and struck out ‘‘the Secretary of State,’’ after ‘‘the President,’’. Subsec. (c). Pub. L. 105–277, § 2602, added subsec. (c). 1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: ‘‘The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms con- trol and disarmament policy: Provided, however, That no action shall be taken under this chapter or any other law that will obligate the United States to dis- arm or to reduce or to limit the Armed Forces or arma- ments of the United States, except pursuant to the treaty making power of the President under the Con- stitution or unless authorized by further affirmative legislation by the Congress of the United States. Noth- ing contained in this chapter shall be construed to au- thorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the ac- quisition, possession, or use of firearms by an indi- vidual for the lawful purpose of personal defense, sport, recreation, education, or training.’’ 1963—Pub. L. 88–186 inserted provision precluding con- struction of this chapter to authorize the regulation of the possession of firearms by an individual. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1223(8), (21) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title. § 2574. Negotiation management (a) Responsibilities The Secretary of State, under the direction of the President, shall have primary responsibility Page 1028 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2575 for the preparation, conduct, and management of United States participation in all inter- national negotiations and implementation fora in the field of arms control, nonproliferation, and disarmament. In furtherance of these re- sponsibilities, Special Representatives of the President appointed pursuant to section 2567 of this title, shall, as directed by the President, serve as United States Government representa- tives to international organizations, con- ferences, and activities relating to the field of nonproliferation, such as the preparations for and conduct of the review relating to the Treaty on the Non-Proliferation of Nuclear Weapons. (b) Authority The Secretary of State is authorized— (1) to formulate plans and make prepara- tions for the establishment, operation, and funding of inspections and control systems which may become part of the United States arms control, nonproliferation, and disar- mament activities; and (2) as authorized by law, to put into effect, direct, or otherwise assume United States re- sponsibility for such systems. (Pub. L. 87–297, title III, § 304, formerly § 34, Sept. 26, 1961, 75 Stat. 634; Pub. L. 103–236, title VII, § 710, Apr. 30, 1994, 108 Stat. 494; renumbered § 304 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(9), (21), Oct. 21, 1998, 112 Stat. 2681–769, 2681–772.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 1223(9)(A)(v), (vi), made technical amendment to reference in original act which appears in text as reference to section 2567 of this title, and struck out ‘‘the’’ after ‘‘serve as’’ in sec- ond sentence. Pub. L. 105–277, § 1223(9)(A)(iv), which directed amend- ment of subsec. (a) by striking ‘‘and shall have primary responsibility, whenever directed by the President, for the preparation, conduct, and management of the United States participation in international negotia- tions and implementation fora in the field of non- proliferation’’ before period at end of first sentence, was executed by striking language which did not in- clude the word ‘‘the’’ before ‘‘United States’’ to reflect the probable intent of Congress. Pub. L. 105–277, § 1223(9)(A)(i), (ii), in first sentence, substituted ‘‘The Secretary of State’’ for ‘‘The Direc- tor’’ and struck out ‘‘and the Secretary of State’’ after ‘‘the President’’. Pub. L. 105–277, § 1223(9)(A)(iii), which directed the in- sertion of ‘‘, nonproliferation,’’ after ‘‘fields of arms control’’, was executed by making the insertion after ‘‘field of arms control’’ to reflect the probable intent of Congress. Subsec. (b). Pub. L. 105–277, § 1223(9)(D), in introduc- tory provisions, substituted ‘‘Secretary of State’’ for ‘‘Director’’, redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘for the purpose of conducting negotiations concerning arms control, nonproliferation, or disar- mament or for the purpose of exercising any other au- thority given him by this chapter— ‘‘(A) to consult and communicate with, or to direct the consultation and communication with, represent- atives of other nations or of international organiza- tions, and ‘‘(B) to communicate in the name of the Secretary of State with diplomatic representatives of the United States in the United States or abroad;’’. Pub. L. 105–277, § 1223(9)(C), redesignated subsec. (c) as (b). Pub. L. 105–277, § 1223(9)(B), struck out subsec. (b) which read as follows: ‘‘The Director shall perform functions pursuant to section 2(c) of the Reorganiza- tion Plan 8 of 1953 with respect to providing to the United States Information Agency official United States positions and policy on arms control, non- proliferation, and disarmament matters for dissemina- tion abroad.’’ Subsec. (c). Pub. L. 105–277, § 1223(9)(C), redesignated subsec. (c) as (b). 1994—Pub. L. 103–236 amended section generally. Prior to amendment, section related to powers and duties of Director to consult with representatives of the United States and other nations, to provide official United States positions on arms control and disarmament matters to the United States Information Agency, and to formulate and implement plans for arms control in- spection and control systems. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. § 2575. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, § 1222, Oct. 21, 1998, 112 Stat. 2681–768 Section, Pub. L. 87–297, title III, § 35, Sept. 26, 1961, 75 Stat. 635; Pub. L. 103–236, title VII, § 719(d), Apr. 30, 1994, 108 Stat. 501, related to coordination of Government agencies and resolution of policy differences. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under sec- tion 6511 of this title. § 2576. Arms control information In order to assist the Secretary of State in the performance of his duties with respect to arms control, nonproliferation, and disarmament pol- icy and negotiations, any Government agency preparing any legislative or budgetary proposal for— (1) any program of research, development, testing, engineering, construction, deploy- ment, or modernization with respect to nu- clear armaments, nuclear implements of war, military facilities or military vehicles de- signed or intended primarily for the delivery of nuclear weapons, (2) any program of research, development, testing, engineering, construction, deploy- ment, or modernization with respect to arma- ments, ammunition, implements of war, or military facilities, having— (A) an estimated total program cost in ex- cess of $250,000,000, or (B) an estimated annual program cost in excess of $50,000,000, or (3) any other program involving technology with potential military application or weap- ons systems which such Government agency or the Secretary of State believes may have a significant impact on arms control, non- proliferation, and disarmament policy or nego- tiations,