SUBCHAPTER V—ON-SITE INSPECTION ACTIVITIES
§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.
(
Editorial Notes
Amendments
1998—Par. (1).
Par. (2).
Par. (3).
Par. (4).
Par. (5).
Pars. (6), (7).
1993—Par. (4)(A).
Par. (4)(B).
Par. (4)(C).
Par. (4)(D).
1991—Pars. (5) to (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Accounting for Reimbursable Expenses Incurred by Department of Defense on Behalf of Soviet Union or Successor Entities in Monitoring INF Treaty
Similar provisions were contained in the following prior appropriation acts:
United States Program for On-Site Inspections Under Arms Control Agreements
"(a)
"(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)
"(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
"(c)
"(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)
§2595a. Policy coordination concerning implementation of on-site inspection provisions
(a) Interagency coordination
OSIA should receive policy guidance which is formulated through an interagency mechanism established by the President.
(b) Role of Secretary of Defense
The Secretary of Defense should provide to OSIA appropriate policy guidance formulated through the interagency mechanism described in subsection (a) and operational direction, consistent with
(c) Role of Secretary of State
The Secretary of State should provide to the interagency mechanism described in subsection (a) appropriate recommendations for policy guidance to OSIA consistent with
(
Editorial Notes
Amendments
1998—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§2595b. Repealed. Pub. L. 105–277, div. G, subdiv. A, title XII, §1222, Oct. 21, 1998, 112 Stat. 2681–768
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Apr. 1, 1999, see section 1201 of
§2595b–1. Review of certain reprogramming notifications
Any notification submitted to the Congress with respect to a proposed transfer, reprogramming, or reallocation of funds from or within the budget of OSIA shall also be submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall be subject to review by those committees.
(
Editorial Notes
Amendments
1998—
"(1) the history of OSIA, including how, when, and under what auspices it was established, including the applicable texts of the relevant executive orders;
"(2) the missions and tasks assigned to OSIA to date;
"(3) any additional missions and tasks likely to be assigned to OSIA during fiscal year 1993;
"(4) the budgetary history of OSIA; and
"(5) the extent to which OSIA plays a role in arms control policy formulation and operational implementation."
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1998 Amendment
Amendment by
§2595c. Definitions
As used in this subchapter—
(1) the term "INF Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (signed at Washington, December 8, 1987);
(2) the term "OSIA" means the On-Site Inspection Agency established by the President, or such other agency as may be designated by the President to carry out the on-site inspection provisions of the INF Treaty;
(3) the term "Peaceful Nuclear Explosions Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes (signed at Washington and Moscow, May 28, 1976); and
(4) the term "Threshold Test Ban Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapons Tests (signed at Moscow, July 3, 1974).
(
Editorial Notes
Amendments
1998—Par. (1).
1991—Pars. (3), (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§2595d. Annual report on comprehensive nuclear-test-ban treaty sensors
(a) Requirement
Not later than 90 days after December 27, 2021, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report—
(1) the number of incidents where such sensors are disabled, turned off, or experience "technical difficulties"; and
(2) with respect to each such incident—
(A) the location of the sensor;
(B) the duration of the incident; and
(C) whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation.
(b) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Arms Control and Disarmament Act which comprises this chapter.