Title 22 — Foreign Relations and Intercourse
Chapter 35 — Arms Control and Disarmament
§ 2577. Verification of compliance
Statutory text
In general
In order to ensure that arms control, nonproliferation, and disarmament agreements can be verified, the Secretary of State shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress—
in the case of any arms control, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Secretary of State as to the degree to which the components of such agreement can be verified;
in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant degradation or alteration in the capacity of the United States to verify compliance of the components of such agreement;
the amount and percentage of research funds expended by the Department of State for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament verification; and
the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency.
Assessments upon request
Upon the request of the chairman or ranking minority member of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, in case of an arms control, nonproliferation, or disarmament proposal presented to a foreign country by the United States or presented to the United States by a foreign country, the Secretary of State shall submit a report to the Committee on the degree to which elements of the proposal are capable of being verified.
Standard for verification of compliance
In making determinations under paragraphs (1) and (2) of subsection (a), the Secretary of State shall assume that all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification.
Rule of construction
Except as otherwise provided for by law, nothing in this section may be construed as requiring the disclosure of sensitive information relating to intelligence sources or methods or persons employed in the verification of compliance with arms control, nonproliferation, and disarmament agreements.
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 § 306 · 75 Stat. 631
Enacted · 22 U.S.C. § 2577
Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, Aug. 17, 1977, 91 Stat. 871
Source evidence
Code source credit
Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, Aug. 17, 1977, 91 Stat. 871Arms Control and Nonproliferation Act of 1994
Pub. L. 103–236 title VII § 712 · 108 Stat. 382
Substituted · 22 U.S.C. § 2577
Pub. L. 103–236 substituted “Verification of compliance” for “Verification of Arms Control Agreements” as section catchline
Amended · 22 U.S.C. § 2577
Pub. L. 103–236 amended text generally. Prior to amendment, text consisted of subsecs. (a) to (c) requiring the Director to report to Congress relating to verification of arms control proposals and agreements
Source evidence
Code amendment note
Pub. L. 103–236 substituted “Verification of compliance” for “Verification of Arms Control Agreements” as section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (c) requiring the Director to report to Congress relating to verification of arms control proposals and agreements.Enacted provision · exact public law section
SEC. 712. VERIFICATION OF COMPLIANCE. Section 37 (22 U.S.C. 2577) is amended to read as follows: “Sec. 37. “verification of compliance (a) In General.— In order to ensure that arms control, Reports. nonproliferation, and disarmament agreements can be adequately verified, the Director shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress— “(1) in the case of any arms control, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Director as to the degree to which the components of such agreement can be verified; “(2) in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant degradation or alteration in the capacity of the United States to verify compliance of the components of such agreement; “(3) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament verification; and “(4) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency. “(b) Standard for Verification of Compliance.— In making determinations under paragraphs (1) and (2) of subsection (a), the Director shall assume that all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification. “(c) Rule of Construction.— Except as otherwise provided for by law, nothing in this section may be construed as requiring the disclosure of sensitive information relating to intelligence sources or methods or persons employed in the verification of compliance with arms control, nonproliferation, and disarmament agreements. “(d) Participation of the Agency.— In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 51(a)(5), the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.”.Pub. L. 105–277 § 1223(11)(A) · 112 Stat. 2681
Substituted · 22 U.S.C. § 2577(a)
Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director” in introductory provisions and par. (1)
Substituted · 22 U.S.C. § 2577(a)
Pub. L. 105–277, § 1223(11)(A), substituted “Department of State” for “Agency” in par. (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director” in introductory provisions and par. (1) and substituted “Department of State” for “Agency” in par. (3).Effective date note
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.Pub. L. 105–277 § 1223(11)(A) · 112 Stat. 2681
Substituted · 22 U.S.C. § 2577(b)
Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director”.Effective date note
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.Pub. L. 105–277 § 1223(11)(B) · 112 Stat. 2681
Struck · 22 U.S.C. § 2577(d)
Pub. L. 105–277, § 1223(11)(B), struck out heading and text of subsec. (d). Text read as follows: “In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 2593a(a)(5) of this title, the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–277, § 1223(11)(B), struck out heading and text of subsec. (d). Text read as follows: “In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 2593a(a)(5) of this title, the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.”Effective date note
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.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(tXI)(s1115)(a) · 113 Stat. 1501
Struck · 22 U.S.C. § 2577(a)
Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(a)], struck out “adequately” before “verified” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(a)], struck out “adequately” before “verified” in introductory provisions.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(tXI)(s1115)(b) · 113 Stat. 1501
Added · 22 U.S.C. § 2577(b)(d)
Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], added subsec. (b)
Redesignated · 22 U.S.C. § 2577(b)(d)
Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Language in section 1000(a)(7) [title XI, § 1115(b)] directing redesignation of subsec. (d) as (e) could not be executed. See 1998 Amendment note below
Source evidence
Code amendment note
Subsecs. (b) to (d). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Language in section 1000(a)(7) [title XI, § 1115(b)] directing redesignation of subsec. (d) as (e) could not be executed. See 1998 Amendment note below.
2 of 10 references resolved to an enrolled provision · 8 partial
Editorial Notes
Amendments1994–1999 · 3 rounds
1999
Subsec. (a). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(a)], struck out “adequately” before “verified” in introductory provisions.
Subsecs. (b) to (d). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Language in section 1000(a)(7) [title XI, § 1115(b)] directing redesignation of subsec. (d) as (e) could not be executed. See 1998 Amendment note below.
1998
Subsec. (a). Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director” in introductory provisions and par. (1) and substituted “Department of State” for “Agency” in par. (3).
Subsec. (b). Pub. L. 105–277, § 1223(11)(A), substituted “Secretary of State” for “Director”.
Subsec. (d). Pub. L. 105–277, § 1223(11)(B), struck out heading and text of subsec. (d). Text read as follows: “In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 2593a(a)(5) of this title, the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.”
1994
Pub. L. 103–236 substituted “Verification of compliance” for “Verification of Arms Control Agreements” as section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (c) requiring the Director to report to Congress relating to verification of arms control proposals and agreements.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .
Effective Date of 1998 Amendment
Amendment by 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
1977–1999 · 4 acts
- 1977Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, , 91 Stat. 871
- 1994amended Pub. L. 103–236, title VII, § 712, , 108 Stat. 495
- 1998renumbered § 306 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(11), (21), , 112 Stat. 2681–770, 2681–772
- 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1115], , 113 Stat. 1536, 1501A–489.
Show as published
(Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, , 91 Stat. 871; amended Pub. L. 103–236, title VII, § 712, , 108 Stat. 495; renumbered § 306 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(11), (21), , 112 Stat. 2681–770, 2681–772; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1115], , 113 Stat. 1536, 1501A–489.)