
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: 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.
