§ 3282. — Reports by departments and agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3282]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 47--NUCLEAR NON-PROLIFERATION
SUBCHAPTER IV--EXECUTIVE REPORTING
Sec. 3282. Reports by departments and agencies
(a) Reports by Nuclear Regulatory Commission and Department of Energy
The annual reports to the Congress by the Commission and the
Department of Energy which are otherwise required by law shall also
include views and recommendations regarding the policies and actions of
the United States to prevent proliferation which are the statutory
responsibility of those agencies. The Department's report shall include
a detailed analysis of the proliferation implications of advanced
enrichment and reprocessing techniques, advanced reactors, and
alternative nuclear fuel cycles. This part of the report shall include a
comprehensive version which includes any relevant classified information
and a summary unclassified version.
(b) Additional reporting requirements
The reporting requirements of this subchapter are in addition to and
not in lieu of any other reporting requirements under applicable law.
(c) Committees on Foreign Relations and Governmental Affairs of Senate
and Committee on International Relations of House of
Representatives to be kept informed
(1) The Department of State, the Department of Defense, the
Department of Commerce, the Department of Energy, the Commission, and,
with regard to subparagraph (B), the Director of Central Intelligence,
shall keep the Committees on Foreign Relations and Governmental Affairs
of the Senate and the Committee on International Relations of the House
of Representatives fully and currently informed with respect to--
(A) their activities to carry out the purposes and policies of
this chapter and to otherwise prevent proliferation, including the
proliferation of nuclear, chemical, or biological weapons, or their
means of delivery; and
(B) the current activities of foreign nations which are of
significance from the proliferation standpoint.
(2) For the purposes of this subsection with respect to paragraph
(1)(B), the phrase ``fully and currently informed'' means the
transmittal of credible information not later than 60 days after
becoming aware of the activity concerned.
(d) Classified portions of reports
Any classified portions of the reports required by this chapter
shall be submitted to the Senate Foreign Relations Committee and the
House Foreign Affairs Committee.
(e) Omitted
(f) Access by Secretary of Defense to information regarding nuclear
proliferation matters; applicability
(1) The Secretary of Defense shall have access, on a timely basis,
to all information regarding nuclear proliferation matters which the
Secretary of State or the Secretary of Energy has or is entitled to
have. Such access shall include access to all communications, materials,
documents, and records relating to nuclear proliferation matters.
(2) This subsection does not apply to any intradepartmental document
of the Department of State or the Department of Energy, or any portion
of such document, that is solely concerned with internal, confidential
advice on policy concerning the conduct of interagency deliberations on
nuclear proliferation matters.
(Pub. L. 95-242, title VI, Sec. 602, Mar. 10, 1978, 92 Stat. 151; Pub.
L. 99-661, div. A, title XIII, Sec. 1370, Nov. 14, 1986, 100 Stat. 4004;
Pub. L. 103-437, Sec. 9(a)(8), Nov. 2, 1994, 108 Stat. 4588; Pub. L.
105-277, div. G, subdiv. A, title XII, Sec. 1225(e)(6), Oct. 21, 1998,
112 Stat. 2681-775; Pub. L. 106-113, div. B, Sec. 1000(a)(7), [div. B,
title XI, Sec. 1131], Nov. 29, 1999, 113 Stat. 1536, 1501A-492.)
Codification
Subsec. (e) directed that, three years after Mar. 10, 1978, the
Comptroller General complete a study and report to Congress on the
implementation and impact of this chapter on the nuclear non-
proliferation policies, purposes, and objectives of this chapter, with
such recommendations as deemed necessary to support the nuclear non-
proliferation policies, purposes, and objectives of this chapter.
Amendments
1999--Subsec. (c). Pub. L. 106-113 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``The Department of
State, the Department of Defense, the Department of Commerce, the
Department of Energy, and the Commission shall keep the Committees on
Foreign Relations and Governmental Affairs of the Senate and the
Committee on Foreign Affairs of the House of Representatives fully and
currently informed with respect to their activities to carry out the
purposes and policies of this chapter and to otherwise prevent
proliferation, and with respect to the current activities of foreign
nations which are of significance from the proliferation standpoint.''
1998--Subsec. (c). Pub. L. 105-277, Sec. 1225(e)(6)(A), struck out
``the Arms Control and Disarmament Agency,'' after ``the Department of
Defense,''.
Subsec. (e). Pub. L. 105-277, Sec. 1225(e)(6)(B), struck out ``and
the Director'' after ``and the Commission'' in subsec. (e), which had
previously been omitted from the Code. See Codification note above.
1994--Subsecs. (c), (d). Pub. L. 103-437 substituted ``Foreign
Affairs'' for ``International Relations''.
1986--Subsec. (c). Pub. L. 99-661, Sec. 1370(1), inserted ``the
Department of Defense,''.
Subsec. (f). Pub. L. 99-661, Sec. 1370(2), added subsec. (f).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
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.
Provision of Certain Information to Congress
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
Sec. 1134], Nov. 29, 1999, 113 Stat. 1536, 1501A-494, provided that:
``(a) Requirement to Provide Information.--The head of each
department and agency described in section 602(c) of the Nuclear Non-
Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide
information to the chairman and ranking minority member of the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives in meeting the requirements of
subsection (c) or (d) of section 602 of such Act [22 U.S.C. 3282(c),
(d)].
``(b) Issuance of Directives.--Not later than February 1, 2000, the
Secretary of State, the Secretary of Defense, the Secretary of Commerce,
the Secretary of Energy, the Director of Central Intelligence, and the
Chairman of the Nuclear Regulatory Commission shall issue directives,
which shall provide access to information, including information
contained in special access programs, to implement their
responsibilities under subsections (c) and (d) of section 602 of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
Copies of such directives shall be forwarded promptly to the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives upon the issuance of the
directives.''
Section Referred to in Other Sections
This section is referred to in section 6304 of this title.
