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

Summary

Congress asks the President to work quickly for a regional, negotiated way to stop the spread of nuclear weapons in South Asia. Congress says spreading of weapons of mass destruction is a big danger. Tensions between India and Pakistan, especially over Kashmir, make a nuclear fight more likely. Past U.S. efforts have not stopped the problem. Regional agreements elsewhere, like the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America, have had some success. In 1991 there was a plan for a regional conference that Pakistan, China, Russia, and the United States were willing to join, but India would not attend. Congress wants a plan that includes a protocol signed by all nuclear-armed states to forbid attacks by nuclear states on countries in the region. The final aim is for Pakistan and India to join the Nuclear Non‑Proliferation Treaty at the same time. If needed, the plan may move step by step, using interim pacts such as agreements not to attack each other’s nuclear sites.

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