SUBCHAPTER IV—ADDITIONAL GENERAL PROVISIONS

§2581. General authority of Secretary of State

In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this chapter is authorized to—

(a) Utilization of other Federal agencies; transfers of supplies, equipment, and surplus property

utilize or employ the services, personnel, equipment, or facilities of any other Government agency, with the consent of the agency concerned, to perform such functions on behalf of the Department of State as may appear desirable. Any Government agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Secretary of State, without reimbursement, supplies and equipment other than administrative supplies or equipment. Transfer or receipt of excess property shall be in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;

(b) Employment of personnel

appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Secretary of State ensures that—

(1) any employee who is appointed under this subsection is not paid at a rate—

(A) in excess of the rate payable for positions of equivalent difficulty or responsibility, or

(B) exceeding the maximum rate payable for grade 15 of the General Schedule; and

(2) the number of employees appointed under this subsection shall not exceed 10 percent of the Department of State's full-time-equivalent positions allocated to carry out the purpose of this chapter.¹

(c) Detail of other agency personnel without prejudice to status or advancement

enter into agreements with other Government agencies, including the military departments through the Secretary of Defense, under which officers or employees of such agencies may be detailed to the Department of State for the performance of service pursuant to this chapter without prejudice to the status or advancement of such officers or employees within their own agencies;

(d) Experts and consultants; stenographic reporting services; compensation and travel expenses; limitation on period of employment; renewal of employment contracts

procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 3109 of title 5 and to pay in connection therewith travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from their homes or regular places of business, as authorized by section 5703 of such title: Provided, That no such individual shall be employed for more than 130 days in any fiscal year unless the President certifies that employment of such individual in excess of such number of days is necessary in the national interest: And provided further, That such contracts may be renewed annually;

(e) Employment of outstanding personnel

employ individuals of outstanding ability without compensation in accordance with the provisions of section 4560(b) of title 50 and regulations issued thereunder;

(f) Establishment of scientific and policy advisory board; compensation and expenses

establish a scientific and policy advisory board to advise with and make recommendations to the Secretary of State on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall be composed of individuals who have a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;

(g) Oaths and sworn statements

administer oaths and take sworn statements in the course of an investigation made pursuant to the Secretary of State's responsibilities under this chapter;

(h) Delegation of functions

delegate, as appropriate, to the Under Secretary for Arms Control and International Security or other officers of the Department of State, any authority conferred upon the Secretary of State by the provisions of this chapter; and

(i) Rules and regulations

make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary or desirable to the exercise of any authority conferred upon the Secretary of State by the provisions of this chapter.

(Pub. L. 87–297, title IV, §401, formerly §41, Sept. 26, 1961, 75 Stat. 635; Pub. L. 93–332, §1(a), July 8, 1974, 88 Stat. 289; Pub. L. 95–108, §5, Aug. 17, 1977, 91 Stat. 872; Pub. L. 102–228, title IV, §401(b), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103–236, title VII, §715, Apr. 30, 1994, 108 Stat. 498; renumbered §401 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(13), (21), Oct. 21, 1998, 112 Stat. 2681–770, 2681-772.)

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5.

Codification

In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1998—Pub. L. 105–277, §1223(13)(A), substituted "In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this chapter" for "In the performance of his functions, the Director" in introductory provisions.

Subsec. (a). Pub. L. 105–277, §1223(13)(B), (C), substituted "Department of State" for "Agency" and "Secretary of State" for "Director", and struck out "It is the intent of this section that the Director rely upon the Department of State for general administrative services in the United States and abroad to the extent agreed upon between the Secretary of State and the Director." after "may appear desirable."

Subsec. (b). Pub. L. 105–277, §1223(13)(B), (D)(i), in introductory provisions, substituted "Secretary of State" for "Director" and struck out "appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5 governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities," before "appoint and fix".

Subsec. (b)(1). Pub. L. 105–277, §1223(13)(D)(ii), substituted "subsection" for "exception" in introductory provisions.

Subsec. (b)(2). Pub. L. 105–277, §1223(13)(B), (D)(iii), substituted "subsection" for "exception", "Department of State's" for "Agency's", and "positions allocated to carry out the purpose of this chapter" for "ceiling".

Subsec. (c). Pub. L. 105–277, §1223(13)(B), substituted "Department of State" for "Agency".

Subsec. (f). Pub. L. 105–277, §1223(13)(G), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "establish advisory boards to advise with and make recommendations to the Director on United States arms control and disarmament policy and activities. The members of such boards may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;".

Subsec. (g). Pub. L. 105–277, §1223(13)(B), (E), (F), redesignated subsec. (h) as (g), substituted "Secretary of State's" for "Director's", and struck out former subsec. (g) which read as follows: "permit, under such terms and conditions as he may prescribe, any officer or employee of the Agency, in connection with the attendance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid;".

Subsec. (h). Pub. L. 105–277, §1223(13)(B), (F), (H), redesignated subsec. (i) as (h) and substituted "Under Secretary for Arms Control and International Security" for "Deputy Director", "Department of State" for "Agency", and "Secretary of State" for "Director". Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 105–277, §1223(13)(B), (F), redesignated subsec. (j) as (i) and substituted "Secretary of State" for "Director". Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 105–277, §1223(13)(F), redesignated subsec. (j) as (i).

1994—Subsec. (b). Pub. L. 103–236 substituted "except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that—" for "except that during the 2-year period beginning on August 17, 1977, the Director may, to the extent he deems necessary to the discharge of his responsibilities, appoint and fix the compensation of officers and employees for the Agency without regard to such provisions, subject to the following requirements:", added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows:

"(1) an officer or employee whose compensation is fixed under the foregoing exception may not be paid a salary at a rate in excess of the rate payable under such chapter 51 and such subchapter III for positions of equivalent difficulty or responsibility except for (A) those officers and employees whose compensation is fixed by law, and (B) scientific and technical personnel who may be compensated at a rate not to exceed the rate in effect for grade GS–18 of the General Schedule;

"(2) the Director shall make adequate provision for administrative review of any determination to suspend or dismiss any officer or employee appointed under the foregoing exception; and

"(3) an officer or employee of the Agency serving under a career or career conditional appointment on August 17, 1977, may not be involuntarily deprived, while employed by the Agency, of any rights normally granted such officer or employee in the competitive service;".

1991—Subsecs. (h) to (j). Pub. L. 102–228 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

1977—Subsec. (b). Pub. L. 95–108, §5(a), incorporated existing provisions into introductory paragraph, and as so incorporated, revised terminology to reflect current classification of civil service laws, etc., and inserted provisions authorizing the Director to appoint and fix compensation of officers and employees of the agency, without regard to the provisions of title 5, during a two-year period beginning Aug. 17, 1977, and added pars. (1) to (3).

Subsecs. (g) to (i). Pub. L. 95–108, §5(b), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

1974—Subsec. (d). Pub. L. 93–332 substituted "as authorized by section 3109 of title 5" for "as authorized by section 55a of title 5, at rates not to exceed $100 per diem for individuals", "section 5703 of such title" for "section 73b–2 of title 5" and "130 days" for "one hundred days".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

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.

Executive Documents

Delegation of Authority To Make Certifications Under Section 41(d) of the Arms Control and Disarmament Act

Memorandum of the President of the United States, Aug. 18, 1990, 55 F.R. 37693, provided:

Memorandum for the Director of the United States Arms Control and Disarmament Agency

By virtue of the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, you are hereby delegated the authority set forth in section 41(d) of the Arms Control and Disarmament Act (22 U.S.C. 2581(d)) to certify that the employment of persons referred to in that section in excess of the number of days set forth in that section is necessary in the national interest.

You are authorized and directed to publish this memorandum in the Federal Register.

George Bush.      

[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]

¹ So in original. The period probably should be a semicolon.

§§2582, 2583. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768

Section 2582, Pub. L. 87–297, title IV, §42, Sept. 26, 1961, 75 Stat. 636; Pub. L. 96–465, title II, §2204(a), Oct. 17, 1980, 94 Stat. 2159, related to appointment or employment of Foreign Service personnel.

Section 2583, Pub. L. 87–297, title IV, §43, Sept. 26, 1961, 75 Stat. 636, related to exemption from provisions of law relating to contracts or expenditures of Government funds.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.

§2584. Dual compensation exemption

Members of advisory boards and consultants may serve as such without regard to any Federal law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 5532 ¹ of title 5. This section shall apply only to individuals carrying out activities related to arms control, nonproliferation, and disarmament.

(Pub. L. 87–297, title IV, §402, formerly §44, Sept. 26, 1961, 75 Stat. 636; Pub. L. 88–448, title IV, §401(d), Aug. 19, 1964, 78 Stat. 490; renumbered §402 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(14), (21), Oct. 21, 1998, 112 Stat. 2681–771, 2681-772.)

Editorial Notes

Codification

"Section 5532 of title 5" substituted in text for "section 201 of the Dual Compensation Act" [5 U.S.C. 3102], on authority of section 7(b) of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees. Section 5532 of title 5 was repealed by Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Amendments

1998—Pub. L. 105–277, in section catchline, struck out "Conflict of interest and" before "dual compensation", in first sentence, substituted "Members of advisory boards and consultants may serve as such without regard to any" for "The members of the General Advisory Committee created by section 2566 of this title, and the members of the advisory boards, the consultants, and the individuals of outstanding ability employed without compensation, all of which are provided in section 2581 of this title, may serve as such without regard to the provisions of section 281, 283, 284, or 1914 of title 18, or of section 190 of the Revised Statutes (5 U.S.C. 99), or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding or matter involving the United States Government, except insofar as such provisions of law may prohibit any such individual from receiving compensation from a source other than a nonprofit educational institution in respect of any particular matter in which the Agency is directly interested. Nor shall such service be considered as employment or holding of office or position bringing such individual within the provisions of sections 3323(b) and 8344 of title 5, or any other", and inserted at end "This section shall apply only to individuals carrying out activities related to arms control, nonproliferation, and disarmament."

1964—Pub. L. 88–448 struck out provisions which stated that such service shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of title 5, and inserted ", subject to section 3102 of title 5".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

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.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–448 effective on first day of first month which begins later than ninetieth day following Aug. 19, 1964, see Pub. L. 88–448, title IV, §403, Aug. 19, 1964, 78 Stat. 496.

Termination of Advisory Committees and Boards

Advisory committees and boards, in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee or board established by the President or an officer of the Federal Government, such committee or board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee or board established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

¹ See Codification note below.

§§2585 to 2588. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768

Section 2585, Pub. L. 87–297, title IV, §45, Sept. 26, 1961, 75 Stat. 637; Pub. L. 88–186, §2, Nov. 26, 1963, 77 Stat. 341; Pub. L. 94–141, title I, §147, Nov. 29, 1975, 89 Stat. 759; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97–339, §3, Oct. 15, 1982, 96 Stat. 1635; Pub. L. 103–236, title VII, §716, Apr. 30, 1994, 108 Stat. 498, related to national security requirements.

Section 2586, Pub. L. 87–297, title IV, §46, Sept. 26, 1961, 75 Stat. 638, related to Comptroller General audit of contracts.

Section 2587, Pub. L. 87–297, title IV, §47, Sept. 26, 1961, 75 Stat. 638, related to transfer of activities and facilities to Arms Control and Disarmament Agency.

Section 2588, Pub. L. 87–297, title IV, §48, Sept. 26, 1961, 75 Stat. 638; Pub. L. 96–465, title II, §2204(b), Oct. 17, 1980, 94 Stat. 2159; Pub. L. 99–550, §2(c), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 101–216, title I, §106, Dec. 11, 1989, 103 Stat. 1854, related to use of funds by Director.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.

§§2589, 2590. Repealed. Pub. L. 103–236, title VII, §717(a)(1), Apr. 30, 1994, 108 Stat. 498

Section 2589, Pub. L. 87–297, title IV, §49, Sept. 26, 1961, 75 Stat. 639; Pub. L. 88–186, §§1, 4, Nov. 26, 1963, 77 Stat. 341, 342; Pub. L. 89–27, May 27, 1965, 79 Stat. 118; Pub. L. 90–314, May 23, 1968, 82 Stat. 129; Pub. L. 91–246, May 12, 1970, 84 Stat. 207; Pub. L. 92–352, title III, §301, July 13, 1972, 86 Stat. 494; Pub. L. 93–332, §1(b), July 8, 1974, 88 Stat. 289; Pub. L. 94–141, title I, §§141, 148, Nov. 29, 1975, 89 Stat. 757, 760; Pub. L. 95–108, §6, Aug. 17, 1977, 91 Stat. 873; Pub. L. 95–338, §§2, 3, Aug. 8, 1978, 92 Stat. 458, 459; Pub. L. 96–66, §2(a), Sept. 21, 1979, 93 Stat. 414; Pub. L. 97–339, §2(a), Oct. 15, 1982, 96 Stat. 1635; Pub. L. 98–202, §1, Dec. 2, 1983, 97 Stat. 1381; Pub. L. 99–93, title VII, §§701, 702, Aug. 16, 1985, 99 Stat. 444; Pub. L. 100–213, §2, Dec. 24, 1987, 101 Stat. 1444; Pub. L. 101–216, title I, §101, Dec. 11, 1989, 103 Stat. 1853; Pub. L. 102–228, title IV, §401(a), Dec. 12, 1991, 105 Stat. 1698; Pub. L. 103–236, title I, §106(b), Apr. 30, 1994, 108 Stat. 391, authorized appropriations to carry out purposes of this chapter.

Section 2590, Pub. L. 87–297, title IV, §50, Sept. 26, 1961, 75 Stat. 639; Pub. L. 94–141, title I, §149, Nov. 29, 1975, 89 Stat. 760, required submission of reports to Congress on Agency activities.

§2591. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768

Section, Pub. L. 87–297, title IV, §49, formerly §51, as added Pub. L. 98–202, §4, Dec. 2, 1983, 97 Stat. 1382; amended Pub. L. 103–199, title IV, §401(b), Dec. 17, 1993, 107 Stat. 2324; renumbered §49 and amended Pub. L. 103–236, title VII, §§717(a)(2), 719(g), Apr. 30, 1994, 108 Stat. 498, 502, related to specialists fluent in Russian or other languages of the independent states of the former Soviet Union.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.

§2592. Repealed. Pub. L. 103–236, title VII, §704(3), Apr. 30, 1994, 108 Stat. 492

Section, Pub. L. 87–297, title IV, §52, as added Pub. L. 99–93, title VII, §703, Aug. 16, 1985, 99 Stat. 444; amended Pub. L. 100–213, §5, Dec. 24, 1987, 101 Stat. 1446; Pub. L. 103–199, title IV, §401(c), Dec. 17, 1993, 107 Stat. 2324, related to reports on adherence to and compliance with arms control agreements.

§§2592a, 2592b. Repealed. Pub. L. 103–199, title IV, §403(a)(1), (b)(1), Dec. 17, 1993, 107 Stat. 2325

Section 2592a, Pub. L. 99–145, title X, §1002, Nov. 8, 1985, 99 Stat. 705; Pub. L. 100–456, div. A, title IX, §905(a), Sept. 29, 1988, 102 Stat. 2032, related to submission by President of annual report to Congress on Soviet compliance with arms control commitments.

Section 2592b, Pub. L. 100–456, div. A, title IX, §906, Sept. 29, 1988, 102 Stat. 2033, related to submission by President of annual report to Congress on arms control strategy of the United States.

§2593. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768

Section, Pub. L. 87–297, title IV, §50, formerly §53, as added Pub. L. 100–213, §6(a), Dec. 24, 1987, 101 Stat. 1446; renumbered §50 Pub. L. 103–236, title VII, §717(a)(2), Apr. 30, 1994, 108 Stat. 498, related to Inspector General of the Arms Control and Disarmament Agency.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.

§2593a. Annual report to Congress

(a) In general

Not later than April 15 of each year, the President shall submit to the appropriate congressional committees 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.

(b) Classification of report

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) 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.

(c) Reporting consecutive noncompliance

If the President in consecutive reports submitted to the appropriate congressional committees 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.

(d) Additional requirement

Each report required by this section shall include a discussion of each significant issue described in subsection (a)(6) 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).

(e) Annual report

(1) In general

Not later than June 15 of each year described in paragraph (2), the Director of National Intelligence shall submit to the appropriate congressional committees a report that contains a detailed assessment, consistent with the provision of classified information and intelligence sources and methods, of the adherence of other nations to obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a party, including information of cases in which any such nation has behaved inconsistently with respect to its obligations undertaken in such agreements or commitments.

(2) Covered year

A year described in this paragraph is a year in which the President fails to submit the report required by subsection (a) by not later than April 15 of such year.

(3) Form

The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary.

(f) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

(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; Pub. L. 113–66, div. A, title XII, §1247, Dec. 26, 2013, 127 Stat. 924; Pub. L. 114–92, div. A, title XII, §1272, Nov. 25, 2015, 129 Stat. 1076.)

Editorial Notes

References in Text

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.

Amendments

2015—Subsec. (e). Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows: "Not later than May 15 of each year, the President shall provide to the appropriate congressional committees a briefing on the most-recent report required by this section."

2013—Subsec. (a). Pub. L. 113–66, §1247(a)(1), substituted "the appropriate congressional committees" for "the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate" in introductory provisions.

Subsec. (c). Pub. L. 113–66, §1247(a)(2), substituted "appropriate congressional committees" for "Congress".

Subsec. (e). Pub. L. 113–66, §1247(b)(2), added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 113–66, §1247(a)(3), added subsec. (e).

Subsec. (f). Pub. L. 113–66, §1247(b)(1), redesignated subsec. (e) as (f).

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) 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).

Statutory Notes and Related Subsidiaries

Change of Name

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 3001 of Title 50, War and National Defense.

Effective Date of 1998 Amendment

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.

Effective Date of 1994 Amendment

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.

United States Participation in Open Skies Treaty

Pub. L. 116–92, div. A, title XII, §1234(a), (d), Dec. 20, 2019, 133 Stat. 1648, 1649, provided that:

"(a) Notification Required.—Not later than 120 days before the provision of notice of intent to withdraw the United States from the Open Skies Treaty to either treaty depository pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a notification that—

"(1) such withdrawal is in the best interests of the United States national security; and

"(2) the other state parties to the Treaty have been consulted with respect to such withdrawal.

"(d) Definition of Open Skies Treaty; Treaty.—In this section [enacting this note], the term 'Open Skies Treaty' or 'Treaty' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002."

Notification of Breach of INF Treaty by the Russian Federation

Pub. L. 115–91, div. A, title XII, §§1244(a), 1246, Dec. 12, 2017, 131 Stat. 1673, 1675, as amended by Pub. L. 116–92, div. A, title XII, §1235(c), Dec. 20, 2019, 133 Stat. 1650, provided that:

SEC. 1244. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION DEVELOPMENT OF NONCOMPLIANT SYSTEMS AND UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY BY THE RUSSIAN FEDERATION.

"(a) Notification by Director of National Intelligence.—

"(1) In general.—The Director of National Intelligence shall notify the appropriate congressional committees of any development, deployment, or test of a system by the Russian Federation that the Director determines is inconsistent with the INF Treaty.

"(2) Deadline.—A notification under this subsection shall be made not later than 15 days after the date on which the Director makes the determination under this subsection with respect to which the notification is required.

"(3) Sunset.—The notification requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.

SEC. 1246. DEFINITIONS.

"In this subtitle [subtitle E (§§1241–1246) of title XII of div. A of Pub. L. 115–91, enacting this note and provisions set out as a note under section 2551 of this title]:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

"(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

"(2) INF treaty.—The term 'INF Treaty' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988.

"(3) Intelligence community.—The term 'intelligence community' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

"(4) New start treaty.—The term 'New START Treaty' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.

"(5) Open skies treaty.—The term 'Open Skies Treaty' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002."

Report on Non-Compliance by the Russian Federation With Its Obligations Under the INF Treaty

Pub. L. 113–291, div. A, title XII, §1244, Dec. 19, 2014, 128 Stat. 3564, as amended by Pub. L. 116–92, div. A, title XII, §1235(a), Dec. 20, 2019, 133 Stat. 1649, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) It was the object and purpose of the INF Treaty to eliminate the production or deployment of ground launched ballistic and cruise missiles with a range of between 500 and 5,500 kilometers, which was accomplished in 1992.

"(2) The July 2014 Department of State annual report on 'Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments' stated that 'The United States has determined that the Russian Federation is in violation of its obligations under the INF Treaty not to possess, produce, or flight-test a ground-launched cruise missile (GLCM) with a range capability of 500km to 5,500km, or to possess or produce launchers of such missiles.'.

"(3) In a letter to the Senate Armed Services Committee dated October 23, 2014, General Martin Dempsey, Chairman of the Joint Chiefs of Staff, wrote 'these violations are a serious challenge to the security of the United States and our allies. These actions, particularly when placed in the broader context of Russian regional aggression, must be met with a strategic response.'.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) the Russian Federation's actions in violation of its obligations under the INF Treaty adversely affect the national security of the United States and its allies, including the members of the North Atlantic Treaty Organization (NATO) and those in East Asia;

"(2) the Government of the Russian Federation is responsible for this violation and also for returning to compliance with the INF Treaty;

"(3) it is in the national security interests of the United States and its allies for the INF Treaty to remain in effect and for the Russian Federation to return to full and verifiable compliance with all its obligations under the INF Treaty; and

"(4) as identified in section 1061 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 865), the President should take appropriate actions to resolve the issues relating to noncompliance by the Russian Federation with its obligations under the INF Treaty.

"(c) Report Required.—

"(1) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2014], the President shall submit to the appropriate congressional committees a report on noncompliance by the Russian Federation with its obligations under the INF Treaty.

"(2) Elements.—The report required under paragraph (1) shall include the following:

"(A) An assessment of the effect of Russian noncompliance on the national security interests of the United States and its allies, including the North Atlantic Treaty Organization, and those in East Asia.

"(B) A description of the President's plan to resolve issues related to Russian noncompliance, including—

"(i) actions that have been taken, and what further actions are planned or warranted by the United States;

"(ii) plans to address Russian noncompliance diplomatically with the Russian Federation to resolve concerns about such noncompliance and bring Russia back into full compliance with the INF Treaty;

"(iii) an assessment of possible steps (including verification measures) that would permit confidence that the Russian Federation has returned to full compliance; and

"(iv) the status of any United States efforts to develop coordinated or cooperative responses with allies.

"(C) An assessment of whether Russian noncompliance threatens the viability of the INF Treaty, whether such noncompliance constitutes a material breach of the INF Treaty, and whether it is in the interests of the United States to remain a party to the INF Treaty if such noncompliance continues.

"(3) Form.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

"(d) Briefings Required.—

"(1) In general.—At the time of the submission of the report required under subsection (c), and every six months thereafter until the date on which the Russian Federation is in compliance with its obligations under the INF Treaty, the Secretary of State, jointly with the Secretary of Defense and the heads of such other departments or agencies as appropriate, shall provide to the appropriate congressional committees a briefing on the status of United States efforts to resolve its concerns relating to noncompliance by the Russian Federation with its obligations under the INF Treaty.

"(2) Sunset.—The briefing requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.

"(e) Notification.—In the event the President determines that the Russian Federation has deployed, or intends to deploy, systems that violate the INF Treaty, the President shall promptly notify the appropriate congressional committees of such determination and any plans to respond to such deployments.

"(f) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];

"(B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

"(C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

"(2) INF treaty.—The term 'INF Treaty' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988."

Notification and Review of Potentially Significant Arms Control Noncompliance

Pub. L. 113–291, div. A, title XII, §1267, Dec. 19, 2014, 128 Stat. 3584, provided that:

"(a) Notice to President.—If the Secretary of Defense, after consultation with the Secretary of State and the Director of National Intelligence, has substantial reason to believe that there is a case of foreign activity that would pose a significant threat to United States national security interests and that may be inconsistent with an arms control treaty to which the United States is a party, and such case is not included in, or is significantly different from a case included in, the most-recent annual report submitted to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a), the Secretary of Defense shall notify the President of such belief of the Secretary.

"(b) Referral to Secretary of State.—If the President receives a notification from the Secretary of Defense under subsection (a), the President shall promptly refer the matter to the Secretary of State to arrange for an inter-agency review of the case in order to provide for an assessment of whether the case constitutes a significant case of non-compliance with an arms control treaty to which the United States is a party.

"(c) Notice to Congress.—Not later than 60 days after the date on which the President makes a referral under subsection (b), the Secretary of State shall submit to the appropriate committees of Congress the results of the assessment of the case with respect to which the referral was made under subsection (b).

"(d) Definition.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

"(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives."

Requirement for Transmittal of Summaries

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."

Transmission of Executive Branch Reports Providing Congress With Classified Summaries of Arms Control Developments

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."

Executive Documents

Delegation of Functions

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.

§2593b. Repealed. Pub. L. 117–81, div. E, title LI, §5114(b)(4), Dec. 27, 2021, 135 Stat. 2352

Section, Pub. L. 87–297, title IV, §404, formerly §52, as added Pub. L. 103–236, title VII, §717(a)(3), Apr. 30, 1994, 108 Stat. 499; renumbered §404 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(16), (21), Oct. 21, 1998, 112 Stat. 2681–772, related to public annual report on world military expenditures and arms transfers.

§§2593c, 2593d. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768

Section 2953c, Pub. L. 87–297, title IV, §53, as added Pub. L. 103–236, title VII, §718(a), Apr. 30, 1994, 108 Stat. 500, related to requirement for authorization of appropriations.

Section 2593d, Pub. L. 87–297, title IV, §54, as added Pub. L. 103–236, title VII, §718(a), Apr. 30, 1994, 108 Stat. 500, related to transfers and reprogrammings of funds.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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.

§2593e. Measures against persons involved in activities that violate arms control treaties or agreements with the United States

(a) Reports on persons that violate treaties or agreements

(1) In general

Not later than 30 days after the submittal to Congress of an annual report on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament pursuant to section 2593a of this title, the Secretary of the Treasury shall submit to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, identifying every person with respect to whom there is credible information indicating that—

(A) the person—

(i)(I) is an individual who is a citizen, national, or permanent resident of a country described in paragraph (2); or

(II) is an entity organized under the laws of a country described in paragraph (2); and

(ii) has engaged in any activity that contributed to or is a significant factor in the President's or the Secretary of State's determination that such country is not in full compliance with its obligations as further described in paragraph (2); or

(B) the person has provided material support for such non-compliance to a person described in subparagraph (A).

(2) Country described

A country described in this paragraph is a country (other than a country described in paragraph (3)) that the President or the Secretary of State has determined, in the most recent annual report described in paragraph (1), to be not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.

(3) Excluded countries

The following countries are not described for purposes of paragraph (2):

(A) The United States.

(B) Any country determined by the Director of National Intelligence to be closely cooperating in intelligence matters with the United States in the period covered by the most recent annual report described in paragraph (1), regardless of the extent of the compliance of such country with the obligations described in paragraph (2) during such period.

(b) Imposition of measures

Except as provided in subsections (d), (e), and (f), the President shall impose the measures described in subsection (c) with respect to each person identified in a report under subsection (a).

(c) Measures described

(1) In general

The measures to be imposed with respect to a person under subsection (b) are the head of any executive agency (as defined in section 133 of title 41) may not enter into, renew, or extend a contract for the procurement of goods or services with the person.

(2) Exception for major routes of supply

The requirement to impose measures under paragraph (1) shall not apply with respect to any contract for the procurement of goods or services along a major route of supply to a zone of active combat or major contingency operation.

(3) Requirement to revise regulations

(A) In general

Not later than 90 days after December 23, 2016, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be revised to implement paragraph (1).

(B) Certifications

The revisions to the Federal Acquisition Regulation under subparagraph (A) shall include a requirement for a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity described in subsection (a)(1)(A)(ii).

(C) Remedies

If the head of an executive agency determines that a person has submitted a false certification under subparagraph (B) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this paragraph becomes effective—

(i) the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years;

(ii) any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations; and

(iii) the Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (B).

(d) Waiver for lack of knowing violation

(1) In general

The President may waive the application of measures on a case-by-case basis under subsection (b) with respect to a person if the President—

(A) determines that—

(i)(I) in the case of a person described in subsection (a)(1)(A), the person did not knowingly engage in any activity described in such subsection;

(II) in the case of a person described in subsection (a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that did not knowingly engage in any activity described in such subsection; and

(III) in the case of a person described in subsection (a)(1)(A) or (a)(1)(B), the person has terminated the activity for which otherwise covered by such subsection or has provided verifiable assurances that the person will terminate such activity; and

(ii) the waiver is in the national security interest of the United States; and

(B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination.

(2) Form of report

The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.

(e) Waiver to prevent disclosure of intelligence sources and methods

The President may waive the application of measures on a case-by-case basis under subsection (b) with respect to a person if the President—

(1) determines that the waiver is necessary to prevent the disclosure of intelligence sources or methods; and

(2) submits to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, on the determination and the reasons for the determination.

(f) Timing of imposition

(1) In general

Except as provided in paragraph (2), the President shall immediately impose measures under subsection (b) against a person described in subsection (a)(1) upon the submittal to Congress of the report identifying the person pursuant to subsection (a)(1) unless the President determines and certifies to the appropriate congressional committees that the government of the country concerned has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the person in the activities that resulted in the identification of the person in the report.

(2) Delay

(A) In general

The President may delay the imposition of measures against a person for up to 120 days after the date of the submittal to Congress of the report identifying the person pursuant to subsection (a)(1) if the President initiates consultations with the government concerned with respect to the taking of actions described in paragraph (1).

(B) Additional delay

The President may delay the imposition of measures for up to an additional 120 days after the delay authorized by subparagraph (A) if the President determines and certifies to the appropriate congressional committees that the government concerned is in the process of taking the actions described in paragraph (1).

(3) Report

Not later than 60 days after the submittal to Congress of the report identifying a person pursuant to subsection (a)(1), the President shall submit to the appropriate congressional committees a report on the status of consultations, if any, with the government concerned under this subsection, and the basis for any determination under paragraph (1).

(g) Termination

(1) Termination through compliance of country with arms control and other agreements

The measures imposed with respect to a person under subsection (b) shall terminate on the date on which the President submits to Congress a subsequent annual report pursuant to section 2593a of this title that does not contain a determination of the President that the country described in subsection (a)(2) with respect to which the measures were imposed with respect to the person is a country that is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.

(2) Termination through cessation by person of violating activities

In addition to termination provided for by paragraph (1), the measures imposed with respect to a person under subsection (b) in connection with a particular activity shall terminate upon a determination of the President that the person has ceased such activity. The termination of measures imposed with respect to a person in connection with a particular activity pursuant to this paragraph shall not result in the termination of any measures imposed with respect to the person in connection with any other activity for which measures were imposed under subsection (b).

(h) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(Pub. L. 114–328, div. A, title XII, §1290, Dec. 23, 2016, 130 Stat. 2555.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Arms Control and Disarmament Act which comprises this chapter.