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Title 22 — Foreign Relations and Intercourse

Chapter 35 — Arms Control and Disarmament

§ 2577. Verification of compliance

Statutory text

(a)

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—

(1)

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;

(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 Department of State 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)

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.

(c)

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.

(d)

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.

  1. 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. 871

  2. Arms Control and Nonproliferation Act of 1994

    Pub. L. 103–236 title VII § 712 · 108 Stat. 382

    1. Substituted · 22 U.S.C. § 2577

      Pub. L. 103–236 substituted “Verification of compliance” for “Verification of Arms Control Agreements” as section catchline

    2. 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.”.

  3. Pub. L. 105–277 § 1223(11)(A) · 112 Stat. 2681

    1. 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)

    2. 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.

  4. 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.

  5. 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.

  6. 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.

  7. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXI)(s1115)(b) · 113 Stat. 1501

    1. Added · 22 U.S.C. § 2577(b)(d)

      Pub. L. 106–113, § 1000(a)(7) [title XI, § 1115(b)], added subsec. (b)

    2. 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
  1. 1977Pub. L. 87–297, title III, § 306, formerly § 37, as added Pub. L. 95–108, § 4, , 91 Stat. 871
  2. 1994amended Pub. L. 103–236, title VII, § 712, , 108 Stat. 495
  3. 1998renumbered § 306 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, § 1223(11), (21), , 112 Stat. 2681–770, 2681–772
  4. 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.)

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