
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
