Policy formulation

  1. Law
  2. USC 22
  3. Foreign Relations And Intercourse
  4. ARMS CONTROL AND DISARMAMENT
  5. FUNCTIONS
  6. Policy formulation

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§2573. Policy formulation

(a) Formulation

The Secretary of State shall prepare for the President, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament policy.

(b) Prohibition

No action shall be taken pursuant to this chapter or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.

(c) Statutory construction

Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.

( Pub. L. 87–297, title III, §303, formerly §33, Sept. 26, 1961, 75 Stat. 634 ; Pub. L. 88–186, §3, Nov. 26, 1963, 77 Stat. 342 ; Pub. L. 103–236, title VII, §709, Apr. 30, 1994, 108 Stat. 494 ; renumbered §303 and amended Pub. L. 105–277, div. G, subdiv. A, title XII, §1223(8), (21), subdiv. B, title XXVI, §2602, Oct. 21, 1998, 112 Stat. 2681–769 , 2681-772, 2681-839.)


Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original "this chapter" and was translated as reading "this Act", meaning Pub. L. 87–297, Sept. 26, 1961, 75 Stat. 631 , known as the Arms Control and Disarmament Act, which is classified generally to this chapter, to reflect the probable intent of Congress.

Amendments

1998-Subsec. (a). Pub. L. 105–277, §1223(8), substituted "Secretary of State" for "Director" and struck out "the Secretary of State," after "the President,".

Subsec. (c). Pub. L. 105–277, §2602, added subsec. (c).

1994-Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: "The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this chapter or any other law that will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States, except pursuant to the treaty making power of the President under the Constitution or unless authorized by further affirmative legislation by the Congress of the United States. Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training."

1963-Pub. L. 88–186 inserted provision precluding construction of this chapter to authorize the regulation of the possession of firearms by an individual.


Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by section 1223(8), (21) of 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.


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