§ 3281. — Annual Presidential report to Congress on governmental efforts to prevent proliferation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3281]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 47--NUCLEAR NON-PROLIFERATION
SUBCHAPTER IV--EXECUTIVE REPORTING
Sec. 3281. Annual Presidential report to Congress on
governmental efforts to prevent proliferation
(a) Review of Government activities; description of progress; assessment
of impact of progress; determinations regarding non-nuclear-
weapon states; counterproductiveness of policies
The President shall review all activities of Government departments
and agencies relating to preventing proliferation and shall make a
report to Congress in January of 1979 and annually in January of each
year thereafter on the Government's efforts to prevent proliferation.
This report shall include but not be limited to--
(1) a description of the progress made toward--
(A) negotiating the initiatives contemplated in sections
3223 and 3224 of this title;
(B) negotiating the international arrangements or other
mutual undertakings contemplated in section 2153b of title 42;
(C) encouraging non-nuclear-weapon states that are not party
to the Treaty to adhere to the Treaty or, pending such
adherence, to enter into comparable agreements with respect to
safeguards and to foreswear the development of any nuclear
explosive devices, and discouraging nuclear exports to non-
nuclear-weapon states which have not taken such steps;
(D) strengthening the safeguards of the IAEA as contemplated
in section 3241 of this title; and
(E) renegotiating agreements for cooperation as contemplated
in section 2153c(a) of title 42;
(2) an assessment of the impact of the progress described in
paragraph (1) on the non-proliferation policy of the United States;
an explanation of the precise reasons why progress has not been made
on any particular point and recommendations with respect to
appropriate measures to encourage progress; and a statement of what
legislative modifications, if any, are necessary in his judgment to
achieve the non-proliferation policy of the United States;
(3) a determination as to which non-nuclear-weapon states with
which the United States has an agreement for cooperation in effect
or under negotiation, if any, have--
(A) detonated a nuclear device; or
(B) refused to accept the safeguards of the IAEA on all of
their peaceful nuclear activities; or
(C) refused to give specific assurances that they will not
manufacture or otherwise acquire any nuclear explosive device;
or
(D) engaged in activities involving source or special
nuclear material and having direct significance for the
manufacture or acquisition of nuclear explosive devices;
(4) an assessment of whether any of the policies set forth in
this chapter have, on balance, been counterproductive from the
standpoint of preventing proliferation;
(5) a description of the progress made toward establishing
procedures to facilitate the timely processing of requests for
subsequent arrangements and export licenses in order to enhance the
reliability of the United States in meeting its commitments to
supply nuclear reactors and fuel to nations which adhere to
effective non-proliferation policies; \1\
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\1\ So in original. Probably should be ``; and''.
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(6) a description of the implementation of nuclear and nuclear-
related dual-use export controls in the preceding calendar year,
including a summary by type of commodity and destination of--
(A) all transactions for which--
(i) an export license was issued for any good controlled
under section 2139a(c) of title 42;
(ii) an export license was issued under section 2139(b)
of title 42;
(iii) approvals were issued under the Export
Administration Act of 1979 [50 App. U.S.C. 2401 et seq.], or
section 2139(b)(3) of title 42, for the retransfer of any
item, technical data, component, or substance; or
(iv) authorizations were made as required by section
2077(b)(2) of title 42 to engage, directly or indirectly, in
the production of special nuclear material;
(B) each instance in which--
(i) a sanction has been imposed under section 6301(a) of
this title or section 6303 of this title or section 2799aa-
1(b)(1) of this title;
(ii) sales or leases have been denied under section
2753(f) of this title or transactions prohibited by reason
of acts relating to proliferation of nuclear explosive
devices as described in section 2780(d) of this title;
(iii) a sanction has not been imposed by reason of
section 6301(c)(2) of this title or the imposition of a
sanction has been delayed under section 2799aa-1(b)(4) of
this title; or
(iv) a waiver of a sanction has been made under--
(I) section 6301(f) of this title or section 6303 of
this title,
(II) section 2375(d) of this title, or paragraph (5)
or (6)(B) of section 2799aa-1(b) of this title,
(III) section 2780(g) of this title with respect to
the last sentence of section 2780(d) of this title, or
(IV) section 2364 of this title with respect to
section 2375 of this title or section 2753(f) of this
title, the last sentence of section 2780(d) of this
title, or 2799aa-1(b)(1) \2\ of this title; and
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\2\ So in original. Probably should be preceded by ``section''.
(C) the progress of those independent states of the former
Soviet Union that are non-nuclear-weapon states and of the
Baltic states towards achieving the objective of applying full
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scope safeguards to all their peaceful nuclear activities.
Portions of the information required by paragraph (6) may be submitted
in classified form, as necessary. Any such information that may not be
published or disclosed under section 12(c)(1) of the Export
Administration Act of 1979 [50 App. U.S.C. 2411(c)(1)] shall be
submitted as confidential.
(b) Analysis of civil agreements for cooperation
In the first report required by this section, the President shall
analyze each civil agreement for cooperation negotiated pursuant to
section 2153 of title 42, and shall discuss the scope and adequacy of
the requirements and obligations relating to safeguards and other
controls therein.
(Pub. L. 95-242, title VI, Sec. 601, Mar. 10, 1978, 92 Stat. 150; Pub.
L. 103-236, title VIII, Sec. 811, Apr. 30, 1994, 108 Stat. 507.)
References in Text
The Export Administration Act of 1979, referred to in subsec.
(a)(6)(A)(iii), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as
amended, which is classified principally to section 2401 et seq. of
Title 50, Appendix, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set out
under section 2401 of Title 50, Appendix, and Tables.
Amendments
1994--Subsec. (a). Pub. L. 103-236 struck out ``and'' after the
semicolon in par. (4), substituted a semicolon for the period in par.
(5), and added par. (6) and concluding provisions.
Effective Date of 1994 Amendment
Amendment by 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.
Effective Date
Subchapter 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 requirement 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.
Delegation of Functions
Secretary of State responsible for performing function vested in
President by this section to extent that it relates to preparation of an
annual report, see section 2(c) of Ex. Ord. No. 12058, May 11, 1978, 43
F.R. 20947, set out as a note under section 3201 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3223, 3224, 3244, 6323 of
this title.
