§ 2595. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.''
