22 U.S.C. § 3282 — Reports by departments and agencies

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,’’. Page 1327 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3301 Subsec. (e). Pub. L. 105–277, § 1225(e)(6)(B), struck out ‘‘and the Director’’ after ‘‘and the Commission’’ in sub- sec. (e), which had previously been omitted from the Code. See Codification note above. 1994—Subsecs. (c), (d). Pub. L. 103–437 substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. 1986—Subsec. (c). Pub. L. 99–661, § 1370(1), inserted ‘‘the Department of Defense,’’. Subsec. (f). Pub. L. 99–661, § 1370(2), added subsec. (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. 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. 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. 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. PROVISION OF CERTAIN INFORMATION TO CONGRESS Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1134], Nov. 29, 1999, 113 Stat. 1536, 1501A–494, provided that: ‘‘(a) REQUIREMENT TO PROVIDE INFORMATION.—The head of each department and agency described in sec- tion 602(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to the chairman and ranking minority member of the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives in meeting the requirements of subsection (c) or (d) of sec- tion 602 of such Act [22 U.S.C. 3282(c), (d)]. ‘‘(b) ISSUANCE OF DIRECTIVES.—Not later than Feb- ruary 1, 2000, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Director of Central Intelligence, and the Chairman of the Nuclear Regulatory Commission shall issue directives, which shall provide access to informa- tion, including information contained in special access programs, to implement their responsibilities under subsections (c) and (d) of section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)). Copies of such directives shall be forwarded promptly to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives upon the issuance of the directives.’’ CHAPTER 48—TAIWAN RELATIONS Sec. 3301. Congressional findings and declaration of pol- icy. 3302. Implementation of United States policy with regard to Taiwan. Sec. 3303. Application to Taiwan of laws and inter- national agreements. 3304. Overseas Private Investment Corporation. 3305. The American Institute in Taiwan. 3306. Services to United States citizens on Taiwan. 3307. Exemption from taxation. 3308. Activities of United States Government agen- cies. 3309. Taiwan instrumentality. 3310. Employment of United States Government agency personnel. 3310a. Commercial personnel at American Institute of Taiwan. 3311. Reporting requirements. 3312. Rules and regulations. 3313. Congressional oversight. 3314. Definitions. 3315. Authorization of appropriations. 3316. Severability. § 3301. Congressional findings and declaration of policy (a) Findings The President having terminated govern- mental relations between the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, the Congress finds that the enactment of this chapter is necessary— (1) to help maintain peace, security, and sta- bility in the Western Pacific; and (2) to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan. (b) Policy It is the policy of the United States— (1) to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area; (2) to declare that peace and stability in the area are in the political, security, and eco- nomic interests of the United States, and are matters of international concern; (3) to make clear that the United States de- cision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; (4) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the West- ern Pacific area and of grave concern to the United States; (5) to provide Taiwan with arms of a defen- sive character; and (6) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the se- curity, or the social or economic system, of the people on Taiwan. (c) Human rights Nothing contained in this chapter shall con- travene the interest of the United States in human rights, especially with respect to the