[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5859a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND
OPEN MARKETS SUPPORT
SUBCHAPTER IV--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
Sec. 5859a. International nonproliferation initiative
(a) Assistance for international nonproliferation activities
Subject to the limitations and requirements provided in this
section, the Secretary of Defense, under the guidance of the President,
may provide assistance to support international nonproliferation
activities.
(b) Activities for which assistance may be provided
Activities for which assistance may be provided under this section
are activities such as the following:
(1) Activities carried out by international organizations that
are designed to ensure more effective safeguards against
proliferation and more effective verification of compliance with
international agreements on nonproliferation.
(2) Activities of the Department of Defense in support of the
United Nations Special Commission on Iraq (or any successor
organization).
(3) Collaborative international nuclear security and nuclear
safety projects to combat the threat of nuclear theft, terrorism, or
accidents, including joint emergency response exercises, technical
assistance, and training.
(4) Efforts to improve international cooperative monitoring of
nuclear, biological, chemical, and missile proliferation through
technical projects and improved information sharing.
(c) Form of assistance
(1) Assistance under this section may include funds and in-kind
contributions of supplies, equipment, personnel, training, and other
forms of assistance.
(2) Assistance under this section may be provided to international
organizations in the form of funds only if the amount in the
``Contributions to International Organizations'' account of the
Department of State is insufficient or otherwise unavailable to meet the
United States fair share of assessments for international nuclear
nonproliferation activities.
(3) No amount may be obligated for an expenditure under this section
unless the Director of the Office of Management and Budget determines
that the expenditure will be counted as discretionary spending in the
national defense budget function (function 050).
(4) No assistance may be furnished under this section unless the
Secretary of Defense determines and certifies to the Congress 30 days in
advance that the provision of such assistance--
(A) is in the national security interest of the United States;
and
(B) will not adversely affect the military preparedness of the
United States.
(5) The authority to provide assistance under this section in the
form of funds may be exercised only to the extent and in the amounts
provided in advance in appropriations Act.
(d) Sources of assistance
(1) Funds provided as assistance under this section for any fiscal
year shall be derived from amounts made available to the Department of
Defense for that fiscal year. Funds provided as assistance under this
section for a fiscal year may also be derived from balances in working
capital accounts of the Department of Defense.
(2) Supplies and equipment provided as assistance under this section
may be provided, by loan or donation, from existing stocks of the
Department of Defense and the Department of Energy.
(3) The total amount of the assistance provided in the form of funds
under this section, including funds used for activities of the
Department of Defense in support of the United Nations Special
Commission on Iraq, may not exceed $25,000,000 for fiscal year 1994,
$20,000,000 for fiscal year 1995, $15,000,000 for fiscal year 1996,
$15,000,000 for fiscal year 1997, or $15,000,000 for fiscal year 1998.
(4)(A) In the event of a significant unforeseen development related
to the activities of the United Nations Special Commission on Iraq (or
any successor organization) for which the Secretary of Defense
determines that financial assistance under this section is required at a
level which would result in the total amount of assistance provided
under this section during the then-current fiscal year exceeding the
amount of any limitation provided by law on the total amount of such
assistance for that fiscal year, the Secretary of Defense may provide
such assistance with respect to that fiscal year notwithstanding that
limitation. Funds for such purpose may be derived from any funds
available to the Department of Defense for that fiscal year.
(B) Financial assistance may be provided under subparagraph (A) only
after the Secretary of Defense provides notice in writing to the
committees of Congress named in subsection (e)(2) of this section of the
significant unforeseen development and of the Secretary's intent to
provide assistance in excess of the limitation for that fiscal year.
However, if the Secretary determines in any case that under the specific
circumstances of that case advance notice is not possible, such notice
shall be provided as soon as possible and not later than 15 days after
the date on which the assistance is provided. Any notice under this
subparagraph shall include a description of the development, the amount
of assistance provided or to be provided, and the source of the funds
for that assistance.
(e) Quarterly report
(1) Not later than 30 days after the end of each quarter of a fiscal
year during which the authority of the Secretary of Defense to provide
assistance under this section is in effect, the Secretary of Defense
shall transmit to the committees of Congress named in paragraph (2) a
report of the activities to reduce the proliferation threat carried out
under this section. Each report shall set forth (for the preceding
quarter and cumulatively)--
(A) the amounts spent for such activities and the purposes for
which they were spent;
(B) a description of the participation of the Department of
Defense and the Department of Energy and the participation of other
Government agencies in those activities; and
(C) a description of the activities for which the funds were
spent.
(2) The committees of Congress to which reports under paragraph (1)
are to be transmitted are--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on International Relations, and the
Committee on Commerce of the House of Representatives.
(f) Termination of authority
The authority of the Secretary of Defense to provide assistance
under this section terminates at the close of fiscal year 2003.
(Pub. L. 102-484, div. A, title XV, Sec. 1505, Oct. 23, 1992, 106 Stat.
2569; Pub. L. 103-160, div. A, title XI, Sec. 1182(c)(5), title XVI,
Sec. 1602, Nov. 30, 1993, 107 Stat. 1772, 1843; Pub. L. 103-337, div. A,
title X, Sec. 1070(c)(1), title XV, Sec. 1501, Oct. 5, 1994, 108 Stat.
2857, 2914; Pub. L. 104-106, div. A, title XIV, Sec. 1403, title XV,
Sec. 1502(c)(2)(B), Feb. 10, 1996, 110 Stat. 489, 507; Pub. L. 104-201,
div. A, title XIII, Sec. 1301, Sept. 23, 1996, 110 Stat. 2700; Pub. L.
105-85, div. A, title XIII, Sec. 1308, Nov. 18, 1997, 111 Stat. 1956;
Pub. L. 105-261, div. A, title XV, Sec. 1531(b), Oct. 17, 1998, 112
Stat. 2180; Pub. L. 106-65, div. A, title X, Sec. 1067(8), title XV,
Sec. 1505(b), (c), Oct. 5, 1999, 113 Stat. 774, 808; Pub. L. 106-398,
Sec. 1 [[div. A], title XII, Sec. 1201(b)], Oct. 30, 2000, 114 Stat.
1654, 1654A-324; Pub. L. 107-107, div. A, title XII, Sec. 1203(b), Dec.
28, 2001, 115 Stat. 1246; Pub. L. 107-314, div. A, title XII,
Sec. 1204(b), Dec. 2, 2002, 116 Stat. 2664.)
Codification
Section was enacted as part of the Weapons of Mass Destruction
Control Act of 1992 and also as part of the National Defense
Authorization Act for Fiscal Year 1993, and not as part of the Freedom
for Russia and Emerging Eurasian Democracies and Open Markets Support
Act of 1992 or Freedom Support Act which comprises this chapter.
Amendments
2002--Subsec. (f). Pub. L. 107-314 substituted ``2003'' for
``2002''.
2001--Subsec. (f). Pub. L. 107-107 substituted ``2002'' for
``2001''.
2000--Subsec. (f). Pub. L. 106-398 substituted ``2001'' for
``2000''.
1999--Subsec. (b)(2). Pub. L. 106-65, Sec. 1505(c)(1), inserted
``(or any successor organization)'' after ``United Nations Special
Commission on Iraq''.
Subsec. (d)(4)(A). Pub. L. 106-65, Sec. 1505(c)(2)(A), in first
sentence, inserted ``(or any successor organization)'' after ``United
Nations Special Commission on Iraq'' and substituted ``the amount of any
limitation provided by law on the total amount of such assistance for
that fiscal year, the Secretary of Defense may provide such assistance
with respect to that fiscal year notwithstanding that limitation.'' for
``the amount specified with respect to that year under paragraph (3),
the Secretary of Defense may provide such assistance notwithstanding the
limitation with respect to that fiscal year under paragraph (3).''
Subsec. (d)(4)(B). Pub. L. 106-65, Sec. 1505(c)(2)(B), struck out
``under paragraph (3)'' after ``for that fiscal year''.
Subsec. (e)(2)(B). Pub. L. 106-65, Sec. 1067(8), substituted
``Committee on Armed Services'' for ``Committee on National Security''.
Subsec. (f). Pub. L. 106-65, Sec. 1505(b), substituted ``2000'' for
``1999''.
1998--Subsec. (f). Pub. L. 105-261 substituted ``1999'' for
``1998''.
1997--Subsec. (d)(3). Pub. L. 105-85, Sec. 1308(1), struck out
``or'' after ``fiscal year 1996,'' and inserted ``, or $15,000,000 for
fiscal year 1998'' before period at end.
Subsec. (f). Pub. L. 105-85, Sec. 1308(2), substituted ``1998'' for
``1997''.
1996--Subsec. (a). Pub. L. 104-106, Sec. 1403(a)(1), struck out
``during fiscal years 1994 and 1995'' before ``the Secretary of
Defense''.
Subsec. (b)(2). Pub. L. 104-106, Sec. 1403(b)(1), substituted ``the
Department of Defense'' for ``the On-Site Inspection Agency''.
Subsec. (c)(3). Pub. L. 104-106, Sec. 1403(b)(2), substituted ``will
be counted as discretionary spending in the national defense budget
function (function 050).'' for ``will be counted against the defense
category of the discretionary spending limits for fiscal year 1993 (as
defined in section 665(a)(2) of title 2) for purposes of part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.''
Subsec. (d)(1). Pub. L. 104-106, Sec. 1403(c)(1)(A), (B),
substituted ``for any fiscal year shall be derived from amounts made
available to the Department of Defense for that fiscal year.'' for ``for
fiscal year 1994 shall be derived from amounts made available to the
Department of Defense for fiscal year 1994. Funds provided as assistance
under this section for fiscal year 1995 shall be derived from amounts
made available to the Department of Defense for fiscal year 1995.'' and
struck out ``referred to in this paragraph'' after ``for a fiscal
year''.
Subsec. (d)(3). Pub. L. 104-201, Sec. 1301(a)(1), struck out ``or''
after ``fiscal year 1995,'' and inserted ``, or $15,000,000 for fiscal
year 1997'' before period at end.
Pub. L. 104-106, Sec. 1403(b)(1), (c)(2), struck out ``may not
exceed $$25,000,000 for fiscal year 1994 or $20,000,000 for fiscal year
1995'' after ``under this section'', substituted ``the Department of
Defense'' for ``the On-Site Inspection Agency'', and inserted before
period at end ``, may not exceed $25,000,000 for fiscal year 1994,
$20,000,000 for fiscal year 1995, or $15,000,000 for fiscal year 1996''.
Subsec. (d)(4). Pub. L. 104-201, Sec. 1301(b), added par. (4).
Subsec. (e)(1). Pub. L. 104-106, Sec. 1403(a)(2), substituted ``a
fiscal year during which the authority of the Secretary of Defense to
provide assistance under this section is in effect'' for ``fiscal years
1994 and 1995''.
Subsec. (e)(2)(B). Pub. L. 104-106, Sec. 1502(c)(2)(B), substituted
``the Committee on National Security, the Committee on Appropriations,
the Committee on International Relations, and the Committee on
Commerce'' for ``the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the Committee on
Energy and Commerce''.
Subsec. (f). Pub. L. 104-201, Sec. 1301(a)(2), substituted ``1997''
for ``1996''.
Pub. L. 104-106, Sec. 1403(a)(3), added subsec. (f).
1994--Subsec. (a). Pub. L. 103-337, Sec. 1501(a)(1), substituted
``fiscal years 1994 and 1995'' for ``fiscal year 1994''.
Subsec. (b)(1). Pub. L. 103-337, Sec. 1501(b)(1), substituted
``international organizations'' for ``the International Atomic Energy
Agency (IAEA)'', struck out ``nuclear'' after ``safeguards against'',
and substituted ``effective verification'' for ``aggressive
verification'' and ``international agreements on nonproliferation'' for
``the Treaty on the Non-Proliferation of Nuclear Weapons, done on July
1, 1968''.
Subsec. (b)(4). Pub. L. 103-337, Sec. 1501(b)(2), substituted
``nuclear, biological, chemical, and missile proliferation through
technical projects and improved information sharing'' for ``nuclear
proliferation through joint technical projects and improved intelligence
sharing''.
Subsec. (d)(1). Pub. L. 103-337, Sec. 1501(c)(1), inserted ``for
fiscal year 1994'' after ``under this section'' and substituted ``fiscal
year 1994. Funds provided as assistance under this section for fiscal
year 1995 shall be derived from amounts made available to the Department
of Defense for fiscal year 1995. Funds provided as assistance under this
section for a fiscal year referred to in this paragraph may also be
derived'' for ``fiscal year 1994 or''.
Subsec. (d)(3). Pub. L. 103-337, Sec. 1501(c)(2), inserted ``for
fiscal year 1994 or $20,000,000 for fiscal year 1995''.
Subsec. (e)(1). Pub. L. 103-337, Sec. 1501(a), substituted ``fiscal
years 1994 and 1995'' for ``fiscal year 1994''.
Subsec. (e)(2). Pub. L. 103-337, Sec. 1070(c)(1), which directed
amendment of subsec. (e)(2) by striking out ``and under subsection
(d)(4) of this section'' effective as of Oct. 23, 1992, and as if
included in the National Defense Authorization Act for Fiscal Year 1993
(Pub. L. 102-484), as enacted, was executed to subsec. (e)(2) as amended
by Pub. L. 103-160, Sec. 1182(c)(5), to reflect the probable intent of
Congress. See 1993 Amendment note below.
1993--Subsecs. (a), (d)(1). Pub. L. 103-160, Sec. 1602(a),
substituted ``fiscal year 1994'' for ``fiscal year 1993''.
Subsec. (d)(3). Pub. L. 103-160, Sec. 1602(b)(2), struck out at end
``Of such amount, not more than $20,000,000 may be used for the
activities of the On-Site Inspection Agency in support of the United
Nations Special Commission on Iraq.''
Pub. L. 103-160, Sec. 1602(b)(1), substituted ``$25,000,000,
including funds used for activities of the On-Site Inspection Agency in
support of the United Nations Special Commission on Iraq'' for
``40,000,000''.
Subsec. (d)(4). Pub. L. 103-160, Sec. 1602(c), struck out par. (4)
which read as follows: ``Not less than 30 days before obligating any
funds to provide assistance under this section, the Secretary of Defense
shall transmit to the committees of Congress named in subsection (e)(2)
of this section a report on the proposed obligation. Each such report
shall specify--
``(A) 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
``(B) the activities and forms
