
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2376]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2376. Nuclear non-proliferation policy in South Asia


(a) Findings

    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) Policy

    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.

(c) Report on progress toward regional non-proliferation

    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.

(Pub. L. 87-195, pt. III, Sec. 620F, as added Pub. L. 102-391, title V, 
Sec. 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L. 105-277, div. 
G, subdiv. B, title XXII, Sec. 2219(b), Oct. 21, 1998, 112 Stat. 2681-
817.)


                               Amendments

    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.

                         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, provided:
    Memorandum for the Secretary of State
    By virtue of the authority vested in me by the Constitution and laws 
of the United States, including section 301 of title 3 of the United 
States Code, I hereby delegate to the Secretary of State the functions 
vested in the President by section 620F(c) of the Foreign Assistance Act 
of 1961, as amended (22 U.S.C. 2376(c)).
    Any report prepared pursuant to this delegation of authority shall 
be coordinated with other agencies, as appropriate, and the Assistant to 
the President for National Security Affairs, before submission to the 
Congress.
    The Secretary of State is authorized and directed to publish this 
memorandum in the Federal Register.
                                                     William J. Clinton.
