22 U.S.C. § 2593e — Measures against persons involved in ac-

Page 1038 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2593b ‘‘(a) NOTICE TO PRESIDENT.—If the Secretary of De- fense, after consultation with the Secretary of State and the Director of National Intelligence, has substan- tial reason to believe that there is a case of foreign ac- tivity that would pose a significant threat to United States national security interests and that may be in- consistent with an arms control treaty to which the United States is a party, and such case is not included in, or is significantly different from a case included in, the most-recent annual report submitted to Congress pursuant to section 403 of the Arms Control and Disar- mament Act (22 U.S.C. 2593a), the Secretary of Defense shall notify the President of such belief of the Sec- retary. ‘‘(b) REFERRAL TO SECRETARY OF STATE.—If the Presi- dent receives a notification from the Secretary of De- fense under subsection (a), the President shall prompt- ly refer the matter to the Secretary of State to arrange for an inter-agency review of the case in order to pro- vide for an assessment of whether the case constitutes a significant case of non-compliance with an arms con- trol treaty to which the United States is a party. ‘‘(c) NOTICE TO CONGRESS.—Not later than 60 days after the date on which the President makes a referral under subsection (b), the Secretary of State shall sub- mit to the appropriate committees of Congress the re- sults of the assessment of the case with respect to which the referral was made under subsection (b). ‘‘(d) DEFINITION.—In this section, the term ‘appro- priate congressional committees’ means— ‘‘(1) the Committee on Armed Services, the Com- mittee on Foreign Relations, and the Select Com- mittee on Intelligence of the Senate; and ‘‘(2) the Committee on Armed Services, the Com- mittee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Represent- atives.’’ REQUIREMENT FOR TRANSMITTAL OF SUMMARIES Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1118], Nov. 29, 1999, 113 Stat. 1536, 1501A–489, provided that: ‘‘Whenever a United States delegation engaging in negotiations on arms control, nonproliferation, or disarmament submits to the Secretary of State a sum- mary of the activities of the delegation or the status of those negotiations, a copy of each such summary shall be further transmitted by the Secretary of State to the Committee on Foreign Relations of the Senate and to the Committee on International Relations [now Com- mittee on Foreign Affairs] of the House of Representa- tives promptly.’’ TRANSMISSION OF EXECUTIVE BRANCH REPORTS PRO- VIDING CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS CONTROL DEVELOPMENTS Pub. L. 105–261, div. A, title XV, § 1502, Oct. 17, 1998, 112 Stat. 2171, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, provided that: ‘‘(a) REPORTING REQUIREMENT.—The Director of the Arms Control and Disarmament Agency (or the Sec- retary of State, if the Arms Control and Disarmament Agency becomes an element of the Department of State) shall transmit to the Committee on Armed Serv- ices of the House of Representatives on a periodic basis reports containing classified summaries of arms con- trol developments. ‘‘(b) CONTENTS OF REPORTS.—The reports required by subsection (a) shall include information reflecting the activities of forums established to consider issues re- lating to treaty implementation and treaty compli- ance.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under this section, see section 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 President. § 2593b. Repealed. Pub. L. 117–81, div. E, title LI, § 5114(b)(4), Dec. 27, 2021, 135 Stat. 2352 Section, Pub. L. 87–297, title IV, § 404, formerly § 52, as added Pub. L. 103–236, title VII, § 717(a)(3), Apr. 30, 1994, 108 Stat. 499; renumbered § 404 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(16), (21), Oct. 21, 1998, 112 Stat. 2681–772, related to public annual re- port on world military expenditures and arms trans- fers. §§ 2593c, 2593d. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, § 1222, Oct. 21, 1998, 112 Stat. 2681–768 Section 2953c, Pub. L. 87–297, title IV, § 53, as added Pub. L. 103–236, title VII, § 718(a), Apr. 30, 1994, 108 Stat. 500, related to requirement for authorization of appro- priations. Section 2593d, Pub. L. 87–297, title IV, § 54, as added Pub. L. 103–236, title VII, § 718(a), Apr. 30, 1994, 108 Stat. 500, related to transfers and reprogrammings of funds. 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. § 2593e. Measures against persons involved in ac- tivities that violate arms control treaties or agreements with the United States (a) Reports on persons that violate treaties or agreements (1) In general Not later than 30 days after the submittal to Congress of an annual report on the status of United States policy and actions with respect to arms control, nonproliferation, and disar- mament pursuant to section 2593a of this title, the Secretary of the Treasury shall submit to the appropriate congressional committees a report, consistent with the protection of intel- ligence sources and methods, identifying every person with respect to whom there is credible information indicating that— (A) the person— (i)(I) is an individual who is a citizen, na- tional, or permanent resident of a country described in paragraph (2); or (II) is an entity organized under the laws of a country described in paragraph (2); and (ii) has engaged in any activity that con- tributed to or is a significant factor in the President’s or the Secretary of State’s de- termination that such country is not in full compliance with its obligations as fur- ther described in paragraph (2); or (B) the person has provided material sup- port for such non-compliance to a person de- scribed in subparagraph (A). (2) Country described A country described in this paragraph is a country (other than a country described in paragraph (3)) that the President or the Sec- retary of State has determined, in the most recent annual report described in paragraph (1), to be not in full compliance with its obli- gations undertaken in all arms control, non- proliferation, and disarmament agreements or Page 1039 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2593e commitments to which the United States is a participating state. (3) Excluded countries The following countries are not described for purposes of paragraph (2): (A) The United States. (B) Any country determined by the Direc- tor of National Intelligence to be closely co- operating in intelligence matters with the United States in the period covered by the most recent annual report described in para- graph (1), regardless of the extent of the compliance of such country with the obliga- tions described in paragraph (2) during such period. (b) Imposition of measures Except as provided in subsections (d), (e), and (f), the President shall impose the measures de- scribed in subsection (c) with respect to each person identified in a report under subsection (a). (c) Measures described (1) In general The measures to be imposed with respect to a person under subsection (b) are the head of any executive agency (as defined in section 133 of title 41) may not enter into, renew, or ex- tend a contract for the procurement of goods or services with the person. (2) Exception for major routes of supply The requirement to impose measures under paragraph (1) shall not apply with respect to any contract for the procurement of goods or services along a major route of supply to a zone of active combat or major contingency operation. (3) Requirement to revise regulations (A) In general Not later than 90 days after December 23, 2016, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Sup- plement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be revised to implement paragraph (1). (B) Certifications The revisions to the Federal Acquisition Regulation under subparagraph (A) shall in- clude a requirement for a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity described in subsection (a)(1)(A)(ii). (C) Remedies If the head of an executive agency deter- mines that a person has submitted a false certification under subparagraph (B) on or after the date on which the applicable revi- sion of the Federal Acquisition Regulation required by this paragraph becomes effec- tive— (i) the head of that executive agency shall terminate a contract with such per- son or debar or suspend such person from eligibility for Federal contracts for a pe- riod of not less than 2 years; (ii) any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations; and (iii) the Administrator of General Serv- ices shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Fed- eral Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a de- termination of a false certification under subparagraph (B). (d) Waiver for lack of knowing violation (1) In general The President may waive the application of measures on a case-by-case basis under sub- section (b) with respect to a person if the President— (A) determines that— (i)(I) in the case of a person described in subsection (a)(1)(A), the person did not knowingly engage in any activity de- scribed in such subsection; (II) in the case of a person described in subsection (a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that did not knowingly engage in any ac- tivity described in such subsection; and (III) in the case of a person described in subsection (a)(1)(A) or (a)(1)(B), the person has terminated the activity for which oth- erwise covered by such subsection or has provided verifiable assurances that the person will terminate such activity; and (ii) the waiver is in the national security interest of the United States; and (B) submits to the appropriate congres- sional committees a report on the deter- mination and the reasons for the determina- tion. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may in- clude a classified annex. (e) Waiver to prevent disclosure of intelligence sources and methods The President may waive the application of measures on a case-by-case basis under sub- section (b) with respect to a person if the Presi- dent— (1) determines that the waiver is necessary to prevent the disclosure of intelligence sources or methods; and (2) submits to the appropriate congressional committees a report, consistent with the pro- tection of intelligence sources and methods, on the determination and the reasons for the determination. (f) Timing of imposition (1) In general Except as provided in paragraph (2), the President shall immediately impose measures Page 1040 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2595 under subsection (b) against a person de- scribed in subsection (a)(1) upon the submittal to Congress of the report identifying the per- son pursuant to subsection (a)(1) unless the President determines and certifies to the ap- propriate congressional committees that the government of the country concerned has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the person in the activities that resulted in the identification of the person in the report. (2) Delay (A) In general The President may delay the imposition of measures against a person for up to 120 days after the date of the submittal to Congress of the report identifying the person pursuant to subsection (a)(1) if the President initiates consultations with the government con- cerned with respect to the taking of actions described in paragraph (1). (B) Additional delay The President may delay the imposition of measures for up to an additional 120 days after the delay authorized by subparagraph (A) if the President determines and certifies to the appropriate congressional committees that the government concerned is in the process of taking the actions described in paragraph (1). (3) Report Not later than 60 days after the submittal to Congress of the report identifying a person pursuant to subsection (a)(1), the President shall submit to the appropriate congressional committees a report on the status of consulta- tions, if any, with the government concerned under this subsection, and the basis for any determination under paragraph (1). (g) Termination (1) Termination through compliance of country with arms control and other agreements The measures imposed with respect to a per- son under subsection (b) shall terminate on the date on which the President submits to Congress a subsequent annual report pursuant to section 2593a of this title that does not con- tain a determination of the President that the country described in subsection (a)(2) with re- spect to which the measures were imposed with respect to the person is a country that is not in full compliance with its obligations un- dertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state. (2) Termination through cessation by person of violating activities In addition to termination provided for by paragraph (1), the measures imposed with re- spect to a person under subsection (b) in con- nection with a particular activity shall termi- nate upon a determination of the President that the person has ceased such activity. The termination of measures imposed with respect to a person in connection with a particular ac- tivity pursuant to this paragraph shall not re- sult in the termination of any measures im- posed with respect to the person in connection with any other activity for which measures were imposed under subsection (b). (h) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Perma- nent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Se- lect Committee on Intelligence of the Senate. (Pub. L. 114–328, div. A, title XII, § 1290, Dec. 23, 2016, 130 Stat. 2555.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Arms Control and Disarmament Act which com- prises this chapter. SUBCHAPTER V—ON-SITE INSPECTION ACTIVITIES § 2595. Findings The Congress finds that— (1) under this chapter, the Department of State is charged with the ‘‘formulation and implementation of United States arms control and disarmament policy in a manner which will promote the national security’’; (2) the On-Site Inspection Agency was estab- lished in 1988 pursuant to the INF Treaty to implement, on behalf of the United States, the inspection provisions of the INF Treaty; (3) on-site inspection activities under the INF Treaty include— (A) inspections in Russia, Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech Republic, and Ger- many, (B) escort duties for teams visiting the United States and the Basing Countries, (C) establishment and operation of the Portal Monitoring Facility in Russia, and (D) support for the inspectors at the Portal Monitoring Facility in Utah; (4) the On-Site Inspection Agency has addi- tional responsibilities to those specified in paragraph (3), including the monitoring of nu- clear tests pursuant to the Threshold Test Ban Treaty and the Peaceful Nuclear Explosions Treaty and the monitoring of the inspection provisions of such additional arms control agreements as the President may direct; (5) the personnel of the On-Site Inspection Agency include civilian technical experts, ci- vilian support personnel, and members of the Armed Forces; and (6) the senior officials of the On-Site Inspec- tion Agency include representatives from the Department of State. (Pub. L. 87–297, title V, § 501, formerly § 61, as added Pub. L. 101–216, title II, § 201, Dec. 11, 1989,