2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 35 - ARMS CONTROL AND DISARMAMENT (§§ 2551 - 2595c)
Subchapter IV - ADDITIONAL GENERAL PROVISIONS (§§ 2581 - 2593d)
Section 2593a - Annual report to Congress

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.

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.

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.

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, §403, formerly §51, as added and amended Pub. L. 103–236, title VII, §717(a)(3), title VIII, §828(a), Apr. 30, 1994, 108 Stat. 498, 520; renumbered §403 and amended, Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(15), (21), Oct. 21, 1998, 112 Stat. 2681–771, 2681–772; Pub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1113], Nov. 29, 1999, 113 Stat. 1536, 1501A–487; Pub. L. 107–228, div. B, title XI, §1103, Sept. 30, 2002, 116 Stat. 1426.)

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, §1102(1)] of Pub. L. 106–113, which is set out as a note under section 2652c of this title.

2002—Subsec. (a). Pub. L. 107–228 substituted “April 15” for “January 31” in introductory provisions.

1999—Subsec. (a)(4). Pub. L. 106–113, §1000(a)(7) [title XI, §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, §1000(a)(7) [title XI, §1113(a)(1)(D), (2), (3)], added par. (6).

Subsec. (d). Pub. L. 106–113, §1000(a)(7) [title XI, §1113(b)], added subsec. (d).

1998—Subsec. (a). Pub. L. 105–277, §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, §1223(15)(A)(i), inserted “, nonproliferation,” after “arms control”.

Subsec. (a)(2). Pub. L. 105–277, §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, §1223(15)(A)(v), redesignated par. (5) as (3). Former par. (3) redesignated (2).

Pub. L. 105–277, §1223(15)(A)(i), inserted “, nonproliferation,” after “arms control”.

Subsec. (a)(4). Pub. L. 105–277, §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, §1223(15)(A)(v), redesignated pars. (5) to (7) as (3) to (5), respectively.

Subsec. (b). Pub. L. 105–277, §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, §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, §828(a)(4), added subsec. (c).

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.

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.

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.

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.

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 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 [now Committee on Foreign Affairs] of the House of Representatives promptly.”

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 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.”