Title 22 — Foreign Relations and Intercourse
Chapter 35 — Arms Control and Disarmament
§ 2573. Policy formulation
Statutory text
Formulation
The Secretary of State shall prepare for the President, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament policy.
Prohibition
No action shall be taken pursuant to this chapter or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.
Statutory construction
Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–297 title III § 303 · 75 Stat. 631
Enacted · 22 U.S.C. § 2573
Pub. L. 87–297, title III, § 303, formerly § 33, Sept. 26, 1961, 75 Stat. 634
Target inherited from the preceding amendment note.
Source evidence
Code source credit
Pub. L. 87–297, title III, § 303, formerly § 33, Sept. 26, 1961, 75 Stat. 634Enacted provision · exact public law section
Sec. 33. policy formulation The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this or any other law (hat will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States, except pursuant USC prec. title 1. to the treaty making power of the President under the Constitution or unless authorized by further affirmative legislation by the Congress of the United States.Pub. L. 88–186 § 3 · 77 Stat. 341
Inserted · 22 U.S.C. § 2573
Pub. L. 88–186 inserted provision precluding construction of this chapter to authorize the regulation of the possession of firearms by an individual
Source evidence
Code amendment note
Pub. L. 88–186 inserted provision precluding construction of this chapter to authorize the regulation of the possession of firearms by an individual.Enacted provision · exact public law section
Sec. 3. Section 33 of the Arms Control and Disarmament Act (22 75 Stat. 634. U.S.C. 2573) is amended by adding at the end thereof the following new sentence: “Nothing contained in this Act shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”Arms Control and Nonproliferation Act of 1994
Pub. L. 103–236 title VII § 709 · 108 Stat. 382
Amended · 22 U.S.C. § 2573
Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this chapter or any other law that will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States, except pursuant to the treaty making power of the President under the Constitution or unless authorized by further affirmative legislation by the Congress of the United States. Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”
Source evidence
Code amendment note
Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this chapter or any other law that will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States, except pursuant to the treaty making power of the President under the Constitution or unless authorized by further affirmative legislation by the Congress of the United States. Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”Enacted provision · exact public law section
SEC. 709. POLICY FORMULATION. Section 33 (22 U.S.C. 2573) is amended to read as follows: “Sec. 33. “policy formulation (a) Formulation.— The Director shall prepare for the President, the Secretary of State, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament policy. “(b) Prohibition.— No action shall be taken pursuant to this or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.”.Pub. L. 105–277 § 1223(8) · 112 Stat. 2681
Substituted · 22 U.S.C. § 2573(a)
Pub. L. 105–277, § 1223(8), substituted “Secretary of State” for “Director”
Struck · 22 U.S.C. § 2573(a)
Pub. L. 105–277, § 1223(8), struck out “the Secretary of State,” after “the President,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–277, § 1223(8), substituted “Secretary of State” for “Director” and struck out “the Secretary of State,” after “the President,”.Effective date note
Amendment by section 1223(8), (21) of 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.Pub. L. 105–277 § 2602 · 112 Stat. 2681
Added · 22 U.S.C. § 2573(c)
Pub. L. 105–277, § 2602, added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 105–277, § 2602, added subsec. (c).Effective date note
Amendment by section 1223(8), (21) of 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.
3 of 6 references resolved to an enrolled provision · 3 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original “this chapter” and was translated as reading “this Act”, meaning Pub. L. 87–297, , 75 Stat. 631, known as the Arms Control and Disarmament Act, which is classified generally to this chapter, to reflect the probable intent of Congress.
Amendments1963–1998 · 3 rounds
1998
Subsec. (a). Pub. L. 105–277, § 1223(8), substituted “Secretary of State” for “Director” and struck out “the Secretary of State,” after “the President,”.
Subsec. (c). Pub. L. 105–277, § 2602, added subsec. (c).
1994
Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this chapter or any other law that will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States, except pursuant to the treaty making power of the President under the Constitution or unless authorized by further affirmative legislation by the Congress of the United States. Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”
1963
Pub. L. 88–186 inserted provision precluding construction of this chapter to authorize the regulation of the possession of firearms by an individual.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by section 1223(8), (21) of Pub. L. 105–277 effective , see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.
Credits
1961–1998 · 4 acts
- 1961Pub. L. 87–297, title III, § 303, formerly § 33, , 75 Stat. 634
- 1963Pub. L. 88–186, § 3, , 77 Stat. 342
- 1994Pub. L. 103–236, title VII, § 709, , 108 Stat. 494
- 1998renumbered § 303 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(8), (21), subdiv. B, title XXVI, § 2602, , 112 Stat. 2681–769, 2681–772, 2681–839.
Show as published
(Pub. L. 87–297, title III, § 303, formerly § 33, , 75 Stat. 634; Pub. L. 88–186, § 3, , 77 Stat. 342; Pub. L. 103–236, title VII, § 709, , 108 Stat. 494; renumbered § 303 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(8), (21), subdiv. B, title XXVI, § 2602, , 112 Stat. 2681–769, 2681–772, 2681–839.)