22 U.S. Code § 3281 - Annual Presidential report to Congress on governmental efforts to prevent proliferation
prev | next
(a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies
The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government’s efforts to prevent proliferation. This report shall include but not be limited to—
(1) a description of the progress made toward—
(B) negotiating the international arrangements or other mutual undertakings contemplated in section 2153b of title 42;
(C) encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps;
(D) strengthening the safeguards of the IAEA as contemplated in section 3241 of this title; and
(2) an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise reasons why progress has not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; and a statement of what legislative modifications, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States;
(3) a determination as to which non-nuclear-weapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have—
(C) refused to give specific assurances that they will not manufacture or otherwise acquire any nuclear explosive device; or
(4) an assessment of whether any of the policies set forth in this chapter have, on balance, been counterproductive from the standpoint of preventing proliferation;
(5) a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; 
(6) a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and destination of—
(A) all transactions for which—
(iii) approvals were issued under the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.], or section 2139 (b)(3) of title 42, for the retransfer of any item, technical data, component, or substance; or
(B) each instance in which—
(i) a sanction has been imposed under section 6301 (a) of this title or section 6303 of this title or section 2799aa–1 (b)(1) of this title;
(ii) sales or leases have been denied under section 2753 (f) of this title or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in section 2780 (d) of this title;
(iii) a sanction has not been imposed by reason of section 6301 (c)(2) of this title or the imposition of a sanction has been delayed under section 2799aa–1 (b)(4) of this title; or
(iv) a waiver of a sanction has been made under—
(II) section 2375 (d) of this title, or paragraph (5) or (6)(B) of section 2799aa–1 (b) of this title,
(III) section 2780 (g) of this title with respect to the last sentence of section 2780 (d) of this title, or
(C) the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities.
(b) Analysis of civil agreements for cooperation
 So in original. Probably should be “; and”.
 So in original. Probably should be preceded by “section”.
Source(Pub. L. 95–242, title VI, § 601,Mar. 10, 1978, 92 Stat. 150; Pub. L. 103–236, title VIII, § 811,Apr. 30, 1994, 108 Stat. 507.)
References in Text
This chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.
The Export Administration Act of 1979, referred to in subsec. (a)(6)(A)(iii), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, as amended, which is classified principally to section 2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of Title 50, Appendix, and Tables.
1994—Subsec. (a). Pub. L. 103–236struck out “and” after the semicolon in par. (4), substituted a semicolon for the period in par. (5), and added par. (6) and concluding provisions.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–236effective 60 days after Apr. 30, 1994, see section 831 ofPub. L. 103–236, set out as an Effective Date note under section 6301 of this title.
Subchapter effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) ofPub. L. 95–242, set out as a note under section 3201 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to the requirement that the President annually report to Congress on the Government’s efforts to prevent proliferation, see section 3003 ofPub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 15 of House Document No. 103–7.
Delegation of Functions