22 U.S.C. § 2576 — Arms control information

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, 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