
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: 22USC2595]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 35--ARMS CONTROL AND DISARMAMENT
 
               SUBCHAPTER V--ON-SITE INSPECTION ACTIVITIES
 
Sec. 2595. Findings

    The Congress finds that--
        (1) under this chapter, the Department of State is charged with 
    the ``formulation and implementation of United States arms control 
    and disarmament policy in a manner which will promote the national 
    security'';
        (2) the On-Site Inspection Agency was established in 1988 
    pursuant to the INF Treaty to implement, on behalf of the United 
    States, the inspection provisions of the INF Treaty;
        (3) on-site inspection activities under the INF Treaty include--
            (A) inspections in Russia, Ukraine, Kazakhstan, Belarus, 
        Turkmenistan, Uzbekistan, the Czech Republic, and Germany,
            (B) escort duties for teams visiting the United States and 
        the Basing Countries,
            (C) establishment and operation of the Portal Monitoring 
        Facility in Russia, and
            (D) support for the inspectors at the Portal Monitoring 
        Facility in Utah;

        (4) the On-Site Inspection Agency has additional 
    responsibilities to those specified in paragraph (3), including the 
    monitoring of nuclear tests pursuant to the Threshold Test Ban 
    Treaty and the Peaceful Nuclear Explosions Treaty and the monitoring 
    of the inspection provisions of such additional arms control 
    agreements as the President may direct;
        (5) the personnel of the On-Site Inspection Agency include 
    civilian technical experts, civilian support personnel, and members 
    of the Armed Forces; and
        (6) the senior officials of the On-Site Inspection Agency 
    include representatives from the Department of State.

(Pub. L. 87-297, title V, Sec. 501, formerly Sec. 61, as added Pub. L. 
101-216, title II, Sec. 201, Dec. 11, 1989, 103 Stat. 1855; amended Pub. 
L. 102-228, title IV, Sec. 402(a)(1), Dec. 12, 1991, 105 Stat. 1699; 
Pub. L. 103-199, title IV, Sec. 401(d), Dec. 17, 1993, 107 Stat. 2324; 
renumbered and amended Pub. L. 105-277, div. G, subdiv. A, title XII, 
Sec. 1223(17), (21), Oct. 21, 1998, 112 Stat. 2681-772.)


                               Amendments

    1998--Par. (1). Pub. L. 105-277, Sec. 1223(17)(A), substituted 
``Department of State'' for ``United States Arms Control and Disarmament 
Agency''.
    Par. (2). Pub. L. 105-277, Sec. 1223(17)(B), (C), redesignated par. 
(3) as (2) and struck out former par. (2) which read as follows: ``as 
defined in this chapter, the terms `arms control' and `disarmament' mean 
`the identification, verification, inspection, limitation, control, 
reduction, or elimination, of armed forces and armaments of all kinds 
under international agreement to establish an effective system of 
international control';''.
    Par. (3). Pub. L. 105-277, Sec. 1223(17)(C), redesignated par. (4) 
as (3). Former par. (3) redesignated (2).
    Par. (4). Pub. L. 105-277, Sec. 1223(17)(C), (D), redesignated par. 
(5) as (4) and substituted ``paragraph (3)'' for ``paragraph (4)''. 
Former par. (4) redesignated (3).
    Par. (5). Pub. L. 105-277, Sec. 1223(17)(C), redesignated par. (6) 
as (5). Former par. (5) redesignated (4).
    Pars. (6), (7). Pub. L. 105-277, Sec. 1223(17)(C), (E), redesignated 
par. (7) as (6) and struck out ``United States Arms Control and 
Disarmament Agency and the'' before ``Department of State''. Former par. 
(6) redesignated (5).
    1993--Par. (4)(A). Pub. L. 103-199, Sec. 401(d)(1), substituted 
``Russia, Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the 
Czech Republic, and Germany'' for ``the Soviet Union, Czechoslovakia, 
and the German Democratic Republic''.
    Par. (4)(B). Pub. L. 103-199, Sec. 401(d)(2), struck out ``Soviet'' 
before ``teams''.
    Par. (4)(C). Pub. L. 103-199, Sec. 401(d)(3), substituted ``Russia'' 
for ``the Soviet Union''.
    Par. (4)(D). Pub. L. 103-199, Sec. 401(d)(4), struck out ``Soviet'' 
before ``inspectors''.
    1991--Pars. (5) to (7). Pub. L. 102-228 added par. (5) and 
redesignated former pars. (5) and (6) as (6) and (7), respectively.


                    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.


 Accounting for Reimbursable Expenses Incurred by Department of Defense 
on Behalf of Soviet Union or Successor Entities in Monitoring INF Treaty

    Pub. L. 103-139, title VIII, Sec. 8033, Nov. 11, 1993, 107 Stat. 
1447, provided that: ``During the current fiscal year and thereafter, of 
the funds appropriated, reimbursable expenses incurred by the Department 
of Defense on behalf of the Soviet Union or its successor entities in 
monitoring United States implementation of the Treaty Between the United 
States of America and the Union of Soviet Socialist Republics on the 
Elimination of Their Intermediate-Range or Shorter-Range Missiles (`INF 
Treaty'), concluded December 8, 1987, may be treated as orders received 
and obligation authority for the applicable appropriation, account, or 
fund increased accordingly. Likewise, any reimbursements received for 
such costs may be credited to the same appropriation, account, or fund 
to which the expenses were charged: Provided, That reimbursements which 
are not received within one hundred and eighty days after submission of 
an appropriate request for payment shall be subject to interest at the 
current rate established pursuant to section 2(b)(1)(B) of the Export-
Import Bank Act of 1945 (59 Stat. 526) [12 U.S.C. 635(b)(1)(B)]. 
Interest shall begin to accrue on the one hundred and eighty-first day 
following submission of an appropriate request for payment: Provided 
further, That funds appropriated in this Act [see Tables for 
classification] may be used to reimburse United States military 
personnel for reasonable costs of subsistence, at rates to be determined 
by the Secretary of Defense, incurred while accompanying Soviet 
Inspection Team members or inspection team members of the successor 
entities of the Soviet Union engaged in activities related to the INF 
Treaty: Provided further, That this provision includes only the in-
country period (referred to in the INF Treaty) and is effective whether 
such duty is performed at, near, or away from an individual's permanent 
duty station.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-396, title IX, Sec. 9045, Oct. 6, 1992, 106 Stat. 1912.
    Pub. L. 102-172, title VIII, Sec. 8045, Nov. 26, 1991, 105 Stat. 
1182.
    Pub. L. 101-511, title VIII, Sec. 8049, Nov. 5, 1990, 104 Stat. 
1885.
    Pub. L. 101-165, title IX, Sec. 9062, Nov. 21, 1989, 103 Stat. 1142.
    Pub. L. 100-463, title VIII, Sec. 8138, Oct. 1, 1988, 102 Stat. 
2270-46.


    United States Program for On-Site Inspections Under Arms Control 
                               Agreements

    Pub. L. 101-189, div. A, title X, Sec. 1014, Nov. 29, 1989, 103 
Stat. 1547, provided that:
    ``(a) Findings Concerning On-Site Inspection Personnel.--Congress 
makes the following findings:
        ``(1) The United States is currently engaged in multilateral and 
    bilateral negotiations seeking to achieve treaties or agreements to 
    reduce or eliminate various types of military weapons and to make 
    certain reductions in military personnel levels. These negotiations 
    include negotiations for (A) reductions in strategic forces, 
    conventional armaments, and military personnel levels, (B) regimes 
    for monitoring nuclear testing, and (C) the complete elimination of 
    chemical weapons.
        ``(2) Requirements for monitoring these possible treaties or 
    agreements will be extensive and will place severe stress on the 
    monitoring capabilities of United States national technical means.
        ``(3) In the case of the INF Treaty, the United States and the 
    Soviet Union negotiated, and are currently using, on-site inspection 
    procedures to complement and support monitoring by national 
    technical means. Similar on-site inspection procedures are being 
    negotiated for inclusion in possible future treaties and agreements 
    referred to in paragraph (1).
        ``(4) During initial implementation of the provisions of the INF 
    Treaty, the United States was not fully prepared for the personnel 
    requirements for the conduct of on-site inspections. The Director of 
    Central Intelligence has stated that on-site inspection requirements 
    for any strategic arms reduction treaty or agreement will be far 
    more extensive than those for the INF Treaty. The number of 
    locations within the Soviet Union that would possibly be subject to 
    on-site inspections under a START agreement have been estimated to 
    be approximately 2,500 (compared to 120 for the INF Treaty).
        ``(5) On-site inspection procedures are likely to be an integral 
    part of any future arms control treaty or agreement.
        ``(6) Personnel requirements will be extensive for such on-site 
    inspection procedures, both in terms of numbers of personnel and 
    technical and linguistic skills. Since verification requirements for 
    the INF Treaty are already placing severe stress on current 
    personnel resources, the requirements for verification under START 
    and other possible future treaties and agreements may quickly exceed 
    the current number of verification personnel having necessary 
    technical and language skills.
        ``(7) There is a clear need for a database of the names of 
    individuals who are members of the Armed Forces or civilian 
    employees of the United States Government, or of other citizens and 
    nationals of the United States, who are qualified (by reason of 
    technical or language skills) to participate in on-site inspections 
    under an arms control treaty or agreement.
        ``(8) The organization best suited to establish such a database 
    is the On-Site Inspection Agency (OSIA) of the Department of 
    Defense, which was created by the President to implement (for the 
    United States) the on-site inspection provisions of the INF Treaty.
    ``(b) Status of the OSIA.--(1) Congress finds that--
        ``(A) the Director of the OSIA (currently a brigadier general of 
    the Army) is appointed by the Secretary of Defense with the 
    concurrence of the Secretary of State and the approval of the 
    President;
        ``(B) the Secretary of Defense provides to the Director 
    appropriate policy guidance formulated by the interagency arms 
    control mechanism established by the President;
        ``(C) most of the personnel of the OSIA are members of the Armed 
    Forces (who are trained and paid by the military departments within 
    the Department of Defense) and include linguists, weapons 
    specialists, and foreign area specialists;
        ``(D) the Department of Defense provides the OSIA with 
    substantially all of its administrative and logistic support 
    (including military air transportation for inspections in the Soviet 
    Union and Eastern Europe); and
        ``(E) the facilities in Europe and the United States at which 
    OSIA personnel escort personnel of the Soviet Union conducting 
    inspections under the on-site inspection terms of the INF Treaty are 
    under the jurisdiction of the Department of Defense (or under the 
    jurisdiction of entities that are contractors with the Department of 
    Defense).
    ``(2) In light of the findings in paragraph (1) and the report 
submitted pursuant to section 909 of Public Law 100-456 [div. A, title 
IX, Sept. 29, 1988, 102 Stat. 2036] entitled `Report to the Congress on 
U.S. Monitoring and Verification Activities Related to the INF Treaty' 
(submitted on July 27, 1989), Congress hereby determines that by 
locating the On-Site Inspection Agency within the Department of Defense 
for the purposes of administrative and logistic support and operational 
guidance, and integrating on-site inspection responsibilities under the 
INF Treaty with existing organizational activities of that Department, 
the President has been able to ensure that sensitive national security 
assets are protected and that obligations of the United States under 
that treaty are fulfilled in an efficient and cost-effective manner.
    ``(c) Establishment of Personnel Database.--(1) In light of the 
findings in subsection (a), the Director of the On-Site Inspection 
Agency shall establish a database consisting of the names of individuals 
who could be assigned or detailed (in the case of Government personnel) 
or employed (in the case of non-Government personnel) to participate in 
the conduct of on-site inspections under any future arms control treaty 
or agreement that includes provisions for such inspections.
    ``(2) The database should be composed of the names of individuals 
with skills (including linguistic and technical skills) necessary for 
the conduct of on-site inspections.
    ``(d) INF Treaty Defined.--For purposes of this section, the term 
`INF Treaty' means the Treaty Between the United States and the Union of 
Soviet Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, signed in Washington, DC, on December 
8, 1987.''
