§2376 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Congress urges the President to try to get a regional agreement to stop the spread of nuclear weapons in South Asia as soon as possible. It says the spread of weapons of mass destruction is a serious danger and that South Asia is especially risky because of India‑Pakistan tensions over Kashmir. U.S. efforts so far have not worked. Regional deals have helped elsewhere, like the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America, which includes a Protocol II banning nuclear attacks by nuclear states. In 1991 a regional conference was proposed with Pakistan, India, the People’s Republic of China, the Soviet Union, and the United States; Pakistan, China, Russia, and the United States showed interest while India refused. Congress wants the President to press for a negotiated regional solution that includes a protocol all nuclear powers would sign to bar nuclear attacks on countries in the region. The ultimate goal is for Pakistan and India to join the Nuclear Non‑Proliferation Treaty at the same time, possibly using a step‑by‑step approach with interim agreements like the pact between Pakistan and India not to attack each other’s nuclear facilities.

Title 22, §2376

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Congress finds that—

(1)the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability;

(2)South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir;

(3)to date, United States efforts to halt proliferation in South Asia have failed;

(4)although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas;

(5)thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America;

(6)in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers;

(7)a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty;

(8)in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People’s Republic of China, the Soviet Union, and the United States; and

(9)thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend.

(b)It is the sense of the Congress that the President should pursue a policy which seeks a regional negotiated solution to the issue of nuclear non-proliferation in South Asia at the earliest possible time, including a protocol to be signed by all nuclear weapons states, prohibiting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Proliferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nuclear issues, such as the agreement reached by Pakistan and India not to attack one another’s nuclear facilities.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (c). Pub. L. 113–188 struck out subsec. (c). Text read as follows: “Not later than April 1 of each year, the President shall submit a report to the Committees on Appropriations, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, on nuclear proliferation in South Asia, including efforts taken by the United States to achieve a regional agreement on nuclear non-proliferation, and including a comprehensive list of the obstacles to concluding such a regional agreement.” 1998—Subsec. (c). Pub. L. 105–277, which directed the substitution of “Not later than April 1 of each year,” for “Not later than April 1, 1993 and every six months thereafter,” was executed by making the substitution for text which contained a comma after “1993” to reflect the probable intent of Congress.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. Delegation of Authority With Respect to Reports to Congress Concerning Progress Toward Nonproliferation in South Asia Memorandum of President of the United States, Mar. 30, 1994, 59 F.R. 17229, delegated to the Secretary of State the reporting functions vested in the President by former subsec. (c) of this section.

§2376 Nuclear non-proliferation policy in South Asia