22 U.S.C. § 2577 — Verification of compliance

Page 1029 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2577 shall, on a continuing basis, provide the Sec- retary of State with full and timely access to detailed information with respect to the nature, scope, and purpose of such proposal. (Pub. L. 87–297, title III, § 305, formerly § 36, as added Pub. L. 94–141, title I, § 146, Nov. 29, 1975, 89 Stat. 758; amended Pub. L. 95–338, § 1, Aug. 8, 1978, 92 Stat. 458; Pub. L. 103–236, title VII, §§ 704(1), 719(e), Apr. 30, 1994, 108 Stat. 492, 501; re- numbered § 305 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(10), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–277, § 1223(10), substituted ‘‘Sec- retary of State’’ for ‘‘Director’’ wherever appearing and, in concluding provisions, struck out ‘‘, in accord- ance with the procedures established pursuant to sec- tion 2575 of this title,’’ after ‘‘detailed information’’. 1994—Pub. L. 103–236, § 719(e), substituted ‘‘informa- tion’’ for ‘‘impact information and analysis’’ in section catchline, redesignated subsec. (a) as entire section, and inserted ‘‘, nonproliferation,’’ after ‘‘arms control’’ in introductory provisions and par. (3). Subsecs. (b), (c). Pub. L. 103–236, § 704(1), struck out subsec. (b) which required the Director to assess and analyze certain legislative and budgetary proposals with respect to their impact on arms control and disar- mament policy and negotiations and subsec. (c) which prohibited courts from compelling performance of any requirement under this section. 1978—Subsec. (a)(3). Pub. L. 95–338, § 1(1), substituted ‘‘technology with potential military application or weapons systems’’ for ‘‘weapons systems or tech- nology’’. Subsec. (b)(2). Pub. L. 95–338, § 1(2), inserted provi- sions requiring requests to be transmitted either as an individual program or as an aggregation of related pro- grams, and classification requirements for transmitted statements. 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. § 2577. Verification of compliance (a) In general In order to ensure that arms control, non- proliferation, and disarmament agreements can be verified, the Secretary of State shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress— (1) in the case of any arms control, non- proliferation, or disarmament agreement that has been concluded by the United States, the determination of the Secretary of State as to the degree to which the components of such agreement can be verified; (2) in the case of any arms control, non- proliferation, or disarmament agreement that has entered into force, any significant deg- radation or alteration in the capacity of the United States to verify compliance of the com- ponents of such agreement; (3) the amount and percentage of research funds expended by the Department of State for the purpose of analyzing issues relating to arms control, nonproliferation, and disar- mament verification; and (4) the number of professional personnel as- signed to arms control verification on a full- time basis by each Government agency. (b) Assessments upon request Upon the request of the chairman or ranking minority member of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Rep- resentatives, in case of an arms control, non- proliferation, or disarmament proposal pre- sented to a foreign country by the United States or presented to the United States by a foreign country, the Secretary of State shall submit a report to the Committee on the degree to which elements of the proposal are capable of being verified. (c) Standard for verification of compliance In making determinations under paragraphs (1) and (2) of subsection (a), the Secretary of State shall assume that all measures of conceal- ment not expressly prohibited could be em- ployed and that standard practices could be al- tered so as to impede verification. (d) Rule of construction Except as otherwise provided for by law, noth- ing in this section may be construed as requir- ing the disclosure of sensitive information relat- ing to intelligence sources or methods or per- sons employed in the verification of compliance with arms control, nonproliferation, and disar- mament agreements. (Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, Aug. 17, 1977, 91 Stat. 871; amended Pub. L. 103–236, title VII, § 712, Apr. 30, 1994, 108 Stat. 495; renumbered § 306 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(11), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1115], Nov. 29, 1999, 113 Stat. 1536, 1501A–489.) Editorial Notes AMENDMENTS 1999—Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(a)], struck out ‘‘adequately’’ before ‘‘verified’’ in introductory provisions. Subsecs. (b) to (d). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Lan- guage in section 1000(a)(7) [title XI, § 1115(b)] directing redesignation of subsec. (d) as (e) could not be exe- cuted. See 1998 Amendment note below. 1998—Subsec. (a). Pub. L. 105–277, § 1223(11)(A), sub- stituted ‘‘Secretary of State’’ for ‘‘Director’’ in intro- ductory provisions and par. (1) and substituted ‘‘De- partment of State’’ for ‘‘Agency’’ in par. (3). Subsec. (b). Pub. L. 105–277, § 1223(11)(A), substituted ‘‘Secretary of State’’ for ‘‘Director’’. Subsec. (d). Pub. L. 105–277, § 1223(11)(B), struck out heading and text of subsec. (d). Text read as follows: ‘‘In order to ensure adherence of the United States to obligations or commitments undertaken in arms con- trol, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 2593a(a)(5) of this title, the Direc- tor, or the Director’s designee, shall participate in all interagency groups or organizations within the execu- tive branch of Government that assess, analyze, or re- view United States planned or ongoing policies, pro- grams, or actions that have a direct bearing on United States adherence to obligations undertaken in arms Page 1030 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2577a control, nonproliferation, or disarmament agree- ments.’’ 1994—Pub. L. 103–236 substituted ‘‘Verification of compliance’’ for ‘‘Verification of Arms Control Agree- ments’’ as section catchline and amended text gen- erally. Prior to amendment, text consisted of subsecs. (a) to (c) requiring the Director to report to Congress relating to verification of arms control proposals and agreements. 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. 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. § 2577a. Arms control verification (a) Establishment of working group The President should establish a working group— (1) to examine verification approaches to a strategic arms reduction agreement and other arms control agreements; and (2) to assess the relevance for such agree- ments of the verification provisions of the Treaty Between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (signed at Washington, December 8, 1987). (b) Information and data base (1) The Agency shall allocate sufficient re- sources to develop and maintain a comprehen- sive information and data base on verification concepts, research, technologies, and systems. The Agency shall collect, maintain, analyze, and disseminate information pertaining to arms con- trol verification and monitoring, including in- formation regarding— (A) all current United States bilateral and multilateral arms treaties; and (B) proposed, prospective, and potential bi- lateral or multilateral arms treaties in the areas of nuclear, conventional, chemical, and space weapons. (2) The Agency shall seek to improve United States verification and monitoring activities through the monitoring and support of relevant research and analysis. (3) The Agency shall provide detailed informa- tion on the activities pursuant to this section in its annual report to the Congress. (Pub. L. 101–216, title I, § 105, Dec. 11, 1989, 103 Stat. 1854.) Editorial Notes CODIFICATION Section was enacted as part of the Arms Control and Disarmament Amendments Act of 1989, and not as part of the Arms Control and Disarmament Act which com- prises this chapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Agency’’, referred to in subsec. (b), meaning the United States Arms Control and Disarmament Agency, abolished and functions transferred to Secretary of State, see sections 6511 and 6512 of this title. § 2578. Negotiating records (a) Preparation of records The Secretary of State shall establish and maintain records for each arms control, non- proliferation, and disarmament agreement to which the United States is a party and which was under negotiation or in force on or after January 1, 1990, which shall include classified and unclassified materials such as instructions and guidance, position papers, reporting cables and memoranda of conversation, working pa- pers, draft texts of the agreement, diplomatic notes, notes verbal, and other internal and ex- ternal correspondence. (b) Negotiating and implementation records In particular, the Secretary of State shall es- tablish and maintain a negotiating and imple- mentation record for each such agreement, which shall be comprehensive and detailed, and shall document all communications between the parties with respect to such agreement. Such records shall be maintained both in hard copy and magnetic media. (Pub. L. 87–297, title III, § 307, formerly § 38, as added Pub. L. 103–236, title VII, § 713(a), Apr. 30, 1994, 108 Stat. 496; renumbered § 307 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(12), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681–772.) Editorial Notes PRIOR PROVISIONS A prior section 2578, Pub. L. 87–297, title III, § 38, as added Pub. L. 100–213, § 3(b), Dec. 24, 1987, 101 Stat. 1445; amended Pub. L. 103–199, title IV, § 401(a), Dec. 17, 1993, 107 Stat. 2324, related to reports on activities of Stand- ing Consultative Commission, prior to repeal by Pub. L. 103–236, title VII, § 704(2), Apr. 30, 1994, 108 Stat. 492. AMENDMENTS 1998—Subsecs. (a), (b). Pub. L. 105–277, § 1223(12)(A), substituted ‘‘Secretary of State’’ for ‘‘Director’’. Subsec. (c). Pub. L. 105–277, § 1223(12)(B), struck out heading and text of subsec. (c). Text read as follows: ‘‘In order to implement effectively this section, the Di- rector shall ensure that Agency personnel participate throughout the negotiation and implementation phases of all arms control, nonproliferation, and disarmament agreements.’’ 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. § 2579. Omitted Editorial Notes CODIFICATION Section, Pub. L. 87–297, title III, § 308, formerly § 39, as added Pub. L. 100–213, § 4, Dec. 24, 1987, 101 Stat. 1445;