§ 2551. — Congressional statement of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2551]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 35--ARMS CONTROL AND DISARMAMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 2551. Congressional statement of purpose
An ultimate goal of the United States is a world which is free from
the scourge of war and the dangers and burdens of armaments; in which
the use of force has been subordinated to the rule of law; and in which
international adjustments to a changing world are achieved peacefully.
It is the purpose of this chapter to provide impetus toward this goal by
addressing the problem of reduction and control of armaments looking
toward ultimate world disarmament.
The Secretary of State must have the capacity to provide the
essential scientific, economic, political, military, psychological, and
technological information upon which realistic arms control,
nonproliferation, and disarmament policy must be based. The Secretary
shall have the authority, under the direction of the President, to carry
out the following primary functions:
(1) The preparation for and management of United States
participation in international negotiations and implementation fora
in the arms control, nonproliferation, and disarmament field.
(2) The conduct, support, and coordination of research for arms
control, nonproliferation, and disarmament policy formulation.
(3) The preparation for, operation of, or direction of, United
States participation in such control systems as may become part of
United States arms control, nonproliferation, and disarmament
activities.
(4) The dissemination and coordination of public information
concerning arms control, nonproliferation, and disarmament.
(Pub. L. 87-297, title I, Sec. 102, formerly Sec. 2, Sept. 26, 1961, 75
Stat. 631; Pub. L. 94-141, title I, Sec. 144, Nov. 29, 1975, 89 Stat.
758; Pub. L. 103-236, title VII, Secs. 703, 719(a), Apr. 30, 1994, 108
Stat. 491, 501; renumbered Sec. 102 and amended Pub. L. 105-277, div. G,
subdiv. A, title XII, Sec. 1223(1), (21), Oct. 21, 1998, 112 Stat. 2681-
768, 2681-772.)
Amendments
1998--Pub. L. 105-277, Sec. 1223(1)(A), in first undesignated par.,
substituted ``addressing'' for ``creating a new agency of peace to deal
with''.
Pub. L. 105-277, Sec. 1223(1)(B), struck out second undesignated
par. which read as follows: ``Arms control, nonproliferation, and
disarmament policy, being an important aspect of foreign policy, must be
consistent with national security policy as a whole. The formulation and
implementation of United States arms control, nonproliferation, and
disarmament policy in a manner which will promote the national security
can best be insured by a central organization charged by statute with
primary responsibility for this field. This organization must have such
a position within the Government that it can provide the President, the
Secretary of State, other officials of the executive branch, and the
Congress with recommendations concerning United States arms control,
nonproliferation, and disarmament policy, and can assess the effect of
these recommendations upon our foreign policies, our national security
policies, and our economy.''
Pub. L. 105-277, Sec. 1223(1)(C), in last undesignated par., in
introductory provisions, substituted ``The Secretary of State'' for
``This organization'', substituted ``The Secretary shall have'' for ``It
shall have'', and struck out ``and the Secretary of State'' after ``the
President'', in subpar. (1) inserted ``, nonproliferation,'' after
``arms control'', redesignated subpar. (3) as (2) and struck out former
subpar. (2) which read as follows: ``When directed by the President, the
preparation for, and management of, United States participation in
international negotiations and implementation fora in the
nonproliferation field.'', redesignated subpar. (4) as (3) and struck
out ``, as appropriate,'' before ``direction of'', and redesignated
subpar. (5) as (4).
1994--Pub. L. 103-236, Sec. 719(a), inserted ``, nonproliferation,''
after ``Arms control'' in second undesignated par. and after ``arms
control'' wherever appearing in second and third undesignated pars.
Pub. L. 103-236, Sec. 703, substituted subpars. (1) to (5) for
former subpars. (a) to (d) which read as follows:
``(a) The conduct, support, and coordination of research for arms
control and disarmament policy formulation;
``(b) The preparation for and management of United States
participation in international negotiations in the arms control and
disarmament field;
``(c) The dissemination and coordination of public information
concerning arms control and disarmament; and
``(d) The preparation for, operation of, or as appropriate,
direction of United States participation in such control systems as may
become part of United States arms control and disarmament activities.''
1975--Pub. L. 94-141 substituted ``It shall have the authority,
under the direction of the President and the Secretary of State,'' for
``It must be able''.
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.
Short Title of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
Sec. 1101], Nov. 29, 1999, 113 Stat. 1536, 1501A-485, provided that:
``This title [enacting sections 2652c and 2797b-2 of this title and
section 1526 of Title 50, War and National Defense, amending sections
2577, 2593a, 2797b, 2797b-1, 2797c, and 3282 of this title, enacting
provisions set out as notes under sections 2593a, 2652c, 3282, 5601,
5853, and 6723 of this title and section 7704 of Title 42, The Public
Health and Welfare, and amending provisions set out as a note under
section 2155 of Title 42] may be cited as the `Arms Control and
Nonproliferation Act of 1999'.''
Short Title of 1994 Amendment
Section 701(a) of Pub. L. 103-236 provided that: ``This part [part A
(Secs. 701-719) of title VII of Pub. L. 103-236, enacting sections 2578
and 2593a to 2593d of this title, amending this section, sections 2562,
2565 to 2568, 2571, 2573 to 2577, 2579, 2581, 2585, 2591, 2593, 2791,
2797, and 2797b of this title, section 5315 of Title 5, Government
Organization and Employees, and section 2139a of Title 42, The Public
Health and Welfare, repealing sections 2578, 2589, 2590, and 2592 of
this title, enacting provisions set out as notes under this section, and
repealing provisions set out as notes under this section] may be cited
as the `Arms Control and Nonproliferation Act of 1994'.''
Short Title of 1989 Amendment
Pub. L. 101-216, Sec. 1, Dec. 11, 1989, 103 Stat. 1853, provided
that: ``This Act [enacting sections 2577a and 2595 to 2595c of this
title, amending sections 2563, 2567, 2588, and 2589 of this title, and
enacting provisions set out as notes under sections 2565 and 2567 of
this title] may be cited as the `Arms Control and Disarmament Amendments
Act of 1989'.''
Short Title of 1987 Amendment
Pub. L. 100-213, Sec. 1, Dec. 24, 1987, 101 Stat. 1444, provided
that: ``This Act [enacting sections 2578, 2579, and 2593 of this title,
amending sections 2589 and 2592 of this title, and enacting provisions
set out as a note under section 2578 of this title] may be cited as the
`Arms Control and Disarmament Amendments Act of 1987'.''
Short Title of 1982 Amendment
Pub. L. 97-339, Sec. 1, Oct. 15, 1982, 96 Stat. 1635, provided:
``That this Act [amending sections 2571, 2585, and 2589 of this title]
may be cited as the `Arms Control and Disarmament Amendments Act of
1982'.''
Short Title of 1977 Amendment
Pub. L. 95-108, Sec. 1, Aug. 17, 1977, 91 Stat. 871, provided that:
``This Act [enacting sections 2567 and 2577 of this title and amending
sections 2571, 2581, and 2589 of this title and section 5315 of Title 5,
Government Organization and Employees] may be cited as the `Arms Control
and Disarmament Act Amendments of 1977'.''
Short Title
Pub. L. 87-297, title I, Sec. 101, formerly Sec. 1, Sept. 26, 1961,
75 Stat. 631, as renumbered Sec. 101 by Pub. L. 105-277, div. G, subdiv.
A, title XII, Sec. 1223(21), Oct. 21, 1998, 112 Stat. 2681-772, provided
that: ``This Act [enacting this chapter] may be cited as the `Arms
Control and Disarmament Act'.''
International Arms Sales Code of Conduct
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
subtitle F], Nov. 29, 1999, 113 Stat. 1536, 1501A-508, provided that:
``SEC. 1261. SHORT TITLE.
``This subtitle may be cited as the `International Arms Sales Code
of Conduct Act of 1999'.
``SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.
``(a) Negotiations.--The President shall attempt to achieve the
foreign policy goal of an international arms sales code of conduct. The
President shall take the necessary steps to begin negotiations within
appropriate international fora not later than 120 days after the date of
the enactment of this Act [Nov. 29, 1999]. The purpose of these
negotiations shall be to establish an international regime to promote
global transparency with respect to arms transfers, including
participation by countries in the United Nations Register of
Conventional Arms, and to limit, restrict, or prohibit arms transfers to
countries that do not observe certain fundamental values of human
liberty, peace, and international stability.
``(b) Criteria.--The President shall consider the following criteria
in the negotiations referred to in subsection (a):
``(1) Promotes democracy.--The government of the country--
``(A) was chosen by and permits free and fair elections;
``(B) promotes civilian control of the military and security
forces and has civilian institutions controlling the policy,
operation, and spending of all law enforcement and security
institutions, as well as the armed forces;
``(C) promotes the rule of law and provides its nationals
the same rights that they would be afforded under the United
States Constitution if they were United States citizens; and
``(D) promotes the strengthening of political, legislative,
and civil institutions of democracy, as well as autonomous
institutions to monitor the conduct of public officials and to
combat corruption.
``(2) Respects human rights.--The government of the country--
``(A) does not persistently engage in gross violations of
internationally recognized human rights, including--
``(i) extrajudicial or arbitrary executions;
``(ii) disappearances;
``(iii) torture or severe mistreatment;
``(iv) prolonged arbitrary imprisonment;
``(v) systematic official discrimination on the basis of
race, ethnicity, religion, gender, national origin, or
political affiliation; and
``(vi) grave breaches of international laws of war or
equivalent violations of the laws of war in internal armed
conflicts;
``(B) vigorously investigates, disciplines, and prosecutes
those responsible for gross violations of internationally
recognized human rights;
``(C) permits access on a regular basis to political
prisoners by international humanitarian organizations;
``(D) promotes the independence of the judiciary and other
official bodies that oversee the protection of human rights;
``(E) does not impede the free functioning of domestic and
international human rights organizations; and
``(F) provides access on a regular basis to humanitarian
organizations in situations of conflict or famine.
``(3) Not engaged in certain acts of armed aggression.--The
government of the country is not engaged in acts of armed aggression
in violation of international law.
``(4) Not supporting terrorism.--The government of the country
does not provide support for international terrorism.
``(5) Not contributing to proliferation of weapons of mass
destruction.--The government of the country does not contribute to
the proliferation of weapons of mass destruction.
``(6) Regional location of country.--The country is not located
in a region in which arms transfers would exacerbate regional arms
races or international tensions that present a danger to
international peace and stability.
``(c) Reports to Congress.--
``(1) Report relating to negotiations.--Not later than 6 months
after the commencement of the negotiations under subsection (a), and
not later than the end of every 6-month period thereafter until an
agreement described in subsection (a) is concluded, the President
shall report to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of
the Senate on the progress made during these negotiations.
``(2) Human rights reports.--In the report required in sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(b) and 2304(b)), the Secretary of State shall describe the
extent to which the practices of each country evaluated meet the
criteria in paragraphs (1)(A) and (2) of subsection (a).''
Congressional Declarations; Purposes of 1994 Amendment
Section 702 of Pub. L. 103-236 stated congressional declarations and
purposes of amendments by part A of title VII of Pub. L. 103-236 (see
Short Title of 1994 Amendment note above) to strengthen United States
Arms Control and Disarmament Agency, and to improve congressional
oversight of arms control, nonproliferation, and disarmament activities
of United States Arms Control and Disarmament Agency, and of Agency's
operating budget.
Report on Revitalization of ACDA
Section 717(b) of Pub. L. 103-236 provided that not later than Dec.
31, 1995, Director of United States Arms Control and Disarmament Agency
was to submit to Congress a detailed report describing actions
undertaken to revitalize United States Arms Control and Disarmament
Agency.
Soviet Weapons Destruction
Pub. L. 102-228, title II, Dec. 12, 1991, 105 Stat. 1693, as amended
by Pub. L. 102-484, div. A, title XIV, Sec. 1421(a)(2), (3), Oct. 23,
1992, 106 Stat. 2565; Pub. L. 103-236, title I, Sec. 139(17), Apr. 30,
1994, 108 Stat. 398; Pub. L. 104-106, div. A, title XII, Sec. 1204, Feb.
10, 1996, 110 Stat. 470, provided that:
``part a--short title
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Soviet Nuclear Threat Reduction
Act of 1991'.''
``part b--findings and program authority
``SEC. 211. NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.
``(a) Findings.--The Congress finds--
``(1) that Soviet President Gorbachev has requested Western help
in dismantling nuclear weapons, and President Bush has proposed
United States cooperation on the storage, transportation,
dismantling, and destruction of Soviet nuclear weapons;
``(2) that the profound changes underway in the Soviet Union
pose three types of danger to nuclear safety and stability, as
follows: (A) ultimate disposition of nuclear weapons among the
Soviet Union, its republics, and any successor entities that is not
conducive to weapons safety or to international stability; (B)
seizure, theft, sale, or use of nuclear weapons or components; and
(C) transfers of weapons, weapons components, or weapons know-how
outside of the territory of the Soviet Union, its republics, and any
successor entities, that contribute to worldwide proliferation; and
``(3) that it is in the national security interests of the
United States (A) to facilitate on a priority basis the
transportation, storage, safeguarding, and destruction of nuclear
and other weapons in the Soviet Union, its republics, and any
successor entities, and (B) to assist in the prevention of weapons
proliferation.
``(b) Exclusions.--United States assistance in destroying nuclear
and other weapons under this title may not be provided to the Soviet
Union, any of its republics, or any successor entity unless the
President certifies to the Congress that the proposed recipient is
committed to--
``(1) making a substantial investment of its resources for
dismantling or destroying such weapons;
``(2) forgoing any military modernization program that exceeds
legitimate defense requirements and forgoing the replacement of
destroyed weapons of mass destruction;
``(3) forgoing any use of fissionable and other components of
destroyed nuclear weapons in new nuclear weapons;
``(4) facilitating United States verification of weapons
destruction carried out under section 212;
``(5) complying with all relevant arms control agreements; and
``(6) observing internationally recognized human rights,
including the protection of minorities.
``(c) As part of a transmission to Congress under subsection (b) of
a certification that a proposed recipient of United States assistance
under this title is committed to carrying out the matters specified in
each of paragraphs (1) through (6) of that subsection, the President
shall include a statement setting forth, in unclassified form (together
with a classified annex if necessary), the determination of the
President, with respect to each such paragraph, as to whether that
proposed recipient is at that time in fact carrying out the matter
specified in that paragraph.
``SEC. 212. AUTHORITY FOR PROGRAM TO FACILITATE SOVIET WEAPONS
DESTRUCTION.
``(a) In General.--Notwithstanding any other provision of law, the
President, consistent with the findings stated in section 211, may
establish a program as authorized in subsection (b) to assist Soviet
weapons destruction. Funds for carrying out this program shall be
provided as specified in part C.
``(b) Type of Program.--The program under this section shall be
limited to cooperation among the United States, the Soviet Union, its
republics, and any successor entities to (1) destroy nuclear weapons,
chemical weapons, and other weapons, (2) transport, store, disable, and
safeguard weapons in connection with their destruction, and (3)
establish verifiable safeguards against the proliferation of such
weapons. Such cooperation may involve assistance in planning and in
resolving technical problems associated with weapons destruction and
proliferation. Such cooperation may also involve the funding of critical
short-term requirements related to weapons destruction and should, to
the extent feasible, draw upon United States technology and United
States technicians.
``part c--administrative and funding authorities
``SEC. 221. ADMINISTRATION OF NUCLEAR THREAT REDUCTION PROGRAMS.
``(a) Funding.--
``(1) Transfer authority.--The President may, to the extent
provided in an appropriations Act or joint resolution, transfer to
the appropriate defense accounts from amounts appropriated to the
Department of Defense for fiscal years 1992 and 1993 for operation
and maintenance or from balances in working capital accounts
established under section 2208 of title 10, United States Code, not
to exceed $800,000,000 for use in reducing the Soviet military
threat under part B.
``(2) Limitation.--Amounts for transfers under paragraph (1) may
not be derived from amounts appropriated for any activity of the
Department of Defense that the Secretary of Defense determines
essential for the readiness of the Armed Forces, including amounts
for--
``(A) training activities; and
``(B) depot maintenance activities.
``(b) Department of Defense.--The Department of Defense shall serve
as the executive agent for any program established under part B.
``(c) Reimbursement of Other Agencies.--The Secretary of Defense may
reimburse other United States Government departments and agencies under
this section for costs of participation, as directed by the President,
only in a program established under part B.
``(d) Charges Against Funds.--The value of any material from
existing stocks and inventories of the Department of Defense, or any
other United States Government department or agency, that is used in
providing assistance under part B to reduce the Soviet military threat
may not be charged against funds available pursuant to subsection (a) to
the extent that the material contributed is directed by the President to
be contributed without subsequent replacement.
``(e) Determination by Director of OMB.--No amount may be obligated
for the program under part B for fiscal year 1992 or fiscal year 1993
unless expenditures for that program for that fiscal year have been
determined by the Director of the Office of Management and Budget to be
counted against the defense category of the discretionary spending
limits for that fiscal year (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974 [2 U.S.C. 665(a)(2)]) for purposes of
part C of the Balanced Budget and Emergency Deficit Control Act of 1985
[2 U.S.C. 900 et seq.].
``SEC. 222. REPAYMENT ARRANGEMENTS.
``(a) Reimbursement Arrangements.--Assistance provided under part B
to the Soviet Union, any of its republics, or any successor entity shall
be conditioned, to the extent that the President determines to be
appropriate after consultation with the recipient government, upon the
agreement of the recipient government to reimburse the United States
Government for the cost of such assistance from natural resources or
other materials available to the recipient government.
``(b) Natural Resources, Etc.--The President shall encourage the
satisfaction of such reimbursement arrangements through the provision of
natural resources, such as oil and petroleum products and critical and
strategic materials, and industrial goods. Materials received by the
United States Government pursuant to this section that are suitable for
inclusion in the Strategic Petroleum Reserve or the National Defense
Stockpile may be deposited in the reserve or stockpile without
reimbursement. Other material and services received may be sold or
traded on the domestic or international market with the proceeds to be
deposited in the General Fund of the Treasury.
``SEC. 223. DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
``It is the sense of the Senate that the committee of conference on
House Joint Resolution 157 [enacted into law as Pub. L. 102-229] should
consider providing the necessary authority in the conference agreement
for the President to transfer funds pursuant to this title.
``part d--reporting requirements
``SEC. 231. PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
``Not less than 15 days before obligating any funds for a program
under part B, the President shall transmit to the Congress a report on
the proposed obligation. Each such report shall specify--
``(1) the account, budget activity, and particular program or
programs from which the funds proposed to be obligated are to be
derived and the amount of the proposed obligation; and
``(2) the activities and forms of assistance under part B for
which the President plans to obligate such funds.''
[Memorandum of President of the United States, May 10, 1996, 61 F.R.
26033, delegated to Secretary of State authority and duty of President
under section 211(c) of Pub. L. 102-228 set out above.]
Report on Fulfillment of Primary Functions
Pub. L. 102-228, title IV, Sec. 401(c), Dec. 12, 1991, 105 Stat.
1699, directed Inspector General of Arms Control and Disarmament Agency
to submit, not later than Dec. 15, 1992, to President, Speaker of House
of Representatives, and chairman of Committee on Foreign Relations of
Senate a report on Agency's fulfillment of primary functions described
in section 2551 of this title and directed President to submit comments
on any recommendations contained in the report dealing with executive
branch organization and direction, prior to repeal by Pub. L. 103-236,
title I, Sec. 139(18), Apr. 30, 1994, 108 Stat. 398.
Conventional Arms Trade
Pub. L. 93-559, Sec. 51, Dec. 30, 1974, 88 Stat. 1817, as amended by
Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29, 1981, 95 Stat. 1560,
provided that:
``(a) It is the sense of the Congress that the recent growth in
international transfers of conventional arms to developing nations--
``(1) is a cause for grave concern for the United States and
other nations in that in particular areas of the world it increases
the danger of potential violence among nations, and diverts scarce
world resources from more peaceful uses; and
``(2) could be controlled progressively through negotiations and
agreements among supplier and recipient nations.
``(b) Therefore, the President is urged to propose to the Geneva
Conference of the Committee on Disarmament that it consider as a high
priority agenda item discussions among participating nations of that
Conference for the purposes of--
``(1) agreeing to workable limitations on conventional arms
transfers; and
``(2) establishing a mechanism through which such limitations
could be effectively monitored.
``(c) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29,
1981, 95 Stat. 1560.]''
Executive Order No. 12946
Ex. Ord. No. 12946, Jan. 20, 1995, 60 F.R. 4829, which established
within Department of Defense the President's Advisory Board on Arms
Proliferation Policy, was revoked by Ex. Ord. No. 13062, Sec. 3(c),
Sept. 29, 1997, 62 F.R. 51756, formerly set out as a note under section
14 of the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 2595a of this title.
