§ 2593a. — Annual report to Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2593a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 35--ARMS CONTROL AND DISARMAMENT
SUBCHAPTER IV--ADDITIONAL GENERAL PROVISIONS
Sec. 2593a. Annual report to Congress
(a) In general
Not later than April 15 of each year, the President shall submit to
the Speaker of the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate a report prepared by the
Secretary of State with the concurrence of the Director of Central
Intelligence and in consultation with the Secretary of Defense, the
Secretary of Energy, and the Chairman of the Joint Chiefs of Staff on
the status of United States policy and actions with respect to arms
control, nonproliferation, and disarmament. Such report shall include--
(1) a detailed statement concerning the arms control,
nonproliferation, and disarmament objectives of the executive branch
of Government for the forthcoming year;
(2) a detailed assessment of the status of any ongoing arms
control, nonproliferation, or disarmament negotiations, including a
comprehensive description of negotiations or other activities during
the preceding year and an appraisal of the status and prospects for
the forthcoming year;
(3) a detailed assessment of adherence of the United States to
obligations undertaken in arms control, nonproliferation, and
disarmament agreements, including information on the policies and
organization of each relevant agency or department of the United
States to ensure adherence to such obligations, a description of
national security programs with a direct bearing on questions of
adherence to such obligations and of steps being taken to ensure
adherence, and a compilation of any substantive questions raised
during the preceding year and any corrective action taken;
(4) a detailed assessment of the adherence of other nations to
obligations undertaken in all arms control, nonproliferation, and
disarmament agreements or commitments, including the Missile
Technology Control Regime, to which the United States is a
participating state, including information on actions taken by each
nation with regard to the size, structure, and disposition of its
military forces in order to comply with arms control,
nonproliferation, or disarmament agreements or commitments, and
shall include, in the case of each agreement or commitment about
which compliance questions exist--
(A) a description of each significant issue raised and
efforts made and contemplated with the other participating state
to seek resolution of the difficulty;
(B) an assessment of damage, if any, to the United States
security and other interests; and
(C) recommendations as to any steps that should be
considered to redress any damage to United States national
security and to reduce compliance problems;
(5) a discussion of any material noncompliance by foreign
governments with their binding commitments to the United States with
respect to the prevention of the spread of nuclear explosive devices
(as defined in section 6305(4) of this title) by non-nuclear-weapon
states (as defined in section 6305(5) of this title) or the
acquisition by such states of unsafeguarded special nuclear material
(as defined in section 6305(8) of this title), including--
(A) a net assessment of the aggregate military significance
of all such violations;
(B) a statement of the compliance policy of the United
States with respect to violations of those commitments; and
(C) what actions, if any, the President has taken or
proposes to take to bring any nation committing such a violation
into compliance with those commitments; and
(6) a specific identification, to the maximum extent practicable
in unclassified form, of each and every question that exists with
respect to compliance by other countries with arms control,
nonproliferation, and disarmament agreements with the United States.
(b) Classification of report
The report required by this section shall be submitted in
unclassified form, with classified annexes, as appropriate. The portions
of this report described in paragraphs (4) and (5) of subsection (a) of
this section shall summarize in detail, at least in classified annexes,
the information, analysis, and conclusions relevant to possible
noncompliance by other nations that are provided by United States
intelligence agencies.
(c) Reporting consecutive noncompliance
If the President in consecutive reports submitted to the Congress
under this section reports that any designated nation is not in full
compliance with its binding nonproliferation commitments to the United
States, then the President shall include in the second such report an
assessment of what actions are necessary to compensate for such
violations.
(d) Additional requirement
Each report required by this section shall include a discussion of
each significant issue described in subsection (a)(6) of this section
that was contained in a previous report issued under this section during
1995, or after December 31, 1995, until the question or concern has been
resolved and such resolution has been reported in detail to the
appropriate committees of Congress (as defined in section 1102(1) of the
Arms Control, Non-Proliferation, and Security Assistance Act of 1999).
(Pub. L. 87-297, title IV, Sec. 403, formerly Sec. 51, as added and
amended Pub. L. 103-236, title VII, Sec. 717(a)(3), title VIII,
Sec. 828(a), Apr. 30, 1994, 108 Stat. 498, 520; renumbered Sec. 403 and
amended, Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1223(15),
(21), Oct. 21, 1998, 112 Stat. 2681-771, 2681-772; Pub. L. 106-113, div.
B, Sec. 1000(a)(7) [div. B, title XI, Sec. 1113], Nov. 29, 1999, 113
Stat. 1536, 1501A-487; Pub. L. 107-228, div. B, title XI, Sec. 1103,
Sept. 30, 2002, 116 Stat. 1426.)
References in Text
Section 1102(1) of the Arms Control, Non-Proliferation, and Security
Assistance Act of 1999, referred to in subsec. (d), is section
1000(a)(7) [div. B, title XI, Sec. 1102(1)] of Pub. L. 106-113, which is
set out as a note under section 2652c of this title.
Amendments
2002--Subsec. (a). Pub. L. 107-228 substituted ``April 15'' for
``January 31'' in introductory provisions.
1999--Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(7) [title XI,
Sec. 1113(a)(1)(A)-(C)], in introductory provisions, inserted ``or
commitments, including the Missile Technology Control Regime,'' before
``to which'', ``or commitments'' before ``, and shall'', and ``or
commitment'' before ``about which''.
Subsec. (a)(6). Pub. L. 106-113, Sec. 1000(a)(7) [title XI,
Sec. 1113(a)(1)(D), (2), (3)], added par. (6).
Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(7) [title XI,
Sec. 1113(b)], added subsec. (d).
1998--Subsec. (a). Pub. L. 105-277, Sec. 1223(15)(A)(ii), (iii), in
introductory provisions, substituted ``Secretary of State with the
concurrence of the Director of Central Intelligence and in consultation
with'' for ``Director, in consultation with the Secretary of State,''
and ``and the Chairman of the Joint Chiefs of Staff'' for ``the Chairman
of the Joint Chiefs of Staff, and the Director of Central
Intelligence''.
Subsec. (a)(1). Pub. L. 105-277, Sec. 1223(15)(A)(i), inserted ``,
nonproliferation,'' after ``arms control''.
Subsec. (a)(2). Pub. L. 105-277, Sec. 1223(15)(A)(iv), (v),
redesignated par. (3) as (2) and struck out former par. (2) which read
as follows: ``a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the forthcoming
year;''.
Subsec. (a)(3). Pub. L. 105-277, Sec. 1223(15)(A)(v), redesignated
par. (5) as (3). Former par. (3) redesignated (2).
Pub. L. 105-277, Sec. 1223(15)(A)(i), inserted ``,
nonproliferation,'' after ``arms control''.
Subsec. (a)(4). Pub. L. 105-277, Sec. 1223(15)(A)(iv), (v),
redesignated par. (6) as (4) and struck out former par. (4) which read
as follows: ``a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including a
comprehensive description of the negotiations or other activities during
the preceding year and an appraisal of the status and prospects for the
forthcoming year;''.
Subsec. (a)(5) to (7). Pub. L. 105-277, Sec. 1223(15)(A)(v),
redesignated pars. (5) to (7) as (3) to (5), respectively.
Subsec. (b). Pub. L. 105-277, Sec. 1223(15)(B), inserted at end
``The portions of this report described in paragraphs (4) and (5) of
subsection (a) of this section shall summarize in detail, at least in
classified annexes, the information, analysis, and conclusions relevant
to possible noncompliance by other nations that are provided by United
States intelligence agencies.''
1994--Subsec. (a)(5) to (7). Pub. L. 103-236, Sec. 828(a)(1)-(3),
struck out ``and'' at end of par. (5), substituted ``; and'' for period
at end of par. (6), and added par. (7).
Subsec. (c). Pub. L. 103-236, Sec. 828(a)(4), added subsec. (c).
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 Effective Date note under section
6511 of this title.
Effective Date of 1994 Amendment
Amendment by section 828(a) of Pub. L. 103-236 effective 60 days
after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as an
Effective Date note under section 6301 of this title.
Requirement for Transmittal of Summaries
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
Sec. 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 summary 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
of the House of Representatives promptly.''
Transmission of Executive Branch Reports Providing Congress With
Classified Summaries of Arms Control Developments
Pub. L. 105-261, div. A, title XV, Sec. 1502, Oct. 17, 1998, 112
Stat. 2171, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3),
Oct. 5, 1999, 113 Stat. 774, provided that:
``(a) Reporting Requirement.--The Director of the Arms Control and
Disarmament Agency (or the Secretary of State, if the Arms Control and
Disarmament Agency becomes an element of the Department of State) shall
transmit to the Committee on Armed Services of the House of
Representatives on a periodic basis reports containing classified
summaries of arms control developments.
``(b) Contents of Reports.--The reports required by subsection (a)
shall include information reflecting the activities of forums
established to consider issues relating to treaty implementation and
treaty compliance.''
Section Referred to in Other Sections
This section is referred to in section 2652c of this title.
