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22 U.S.C. § 2376 — Nuclear non-proliferation policy in South Asia

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(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. ( Pub. L. 87–195 , pt. III, § 620F, as added Pub. L. 102–391, title V, § 585(a) , Oct. 6, 1992 , 106 Stat. 1688 ; amended Pub. L. 105–277, div. G , subdiv. B, title XXII, § 2219(b), Oct. 21, 1998 , 112 Stat. 2681–817 ; Pub. L. 113–188, title XIV, § 1401 , Nov. 26, 2014 , 128 Stat. 2023 .) 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.

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